Common use of Use Clause in Contracts

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Winsonic Digital Media Group LTD), Lease Agreement (Channell Commercial Corp), Lease Agreement (Cohesant Technologies Inc)

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Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of indemnify, defend, hold and save Landlord harmless from and against any and all such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseClaims.

Appears in 4 contracts

Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)

Use. The Premises shall be used only for any use currently being made of the purpose Premises as of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant the date of this Lease and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premisesbe unreasonably withheld. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a public nuisance under Illinois law or would disturb, unreasonably interfere with, or endanger Landlord or the surrounding owners or occupants. So long as Tenant continues any tenants use being made of the Project. Outside storagePremises as of the date of this Lease, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that which are required by Legal Requirements related any ordinances, regulations, codes, statutes or laws now or hereafter applicable to the Premises in connection with said uses. Landlord shall have no obligation to make any changes to the Premises in connection with such uses by Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any such increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits; provided, however, that in no event shall Tenant’s Permitted Use in compliance with this Lease be deemed a violation of the foregoing. If any As of the Commencement Date, Landlord confirms that Tenant’s use of the Premises in accordance with the Permitted Use and all applicable Legal Requirements will not cause an increase in the cost premiums for the insurance that Landlord is required to maintain under this Lease. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 30 days after written notice as Additional Rent upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises in a manner that is not in compliance with the Permitted Use. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises based upon Tenant’s Share as usually furnished for the Permitted Use.

Appears in 3 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project (but not the Premises) with the Legal Requirements as of the Commencement Date (including compliance of the Common Areas of the Project with Legal Requirements triggered by Landlord’s Work). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or any Tenant under this LeaseAlterations.

Appears in 3 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2. Any occupation Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 3 contracts

Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)

Use. The Premises shall be used only for When using FACILITY or any portion thereof, OCCUPANT agrees to comply with all applicable federal, state, and municipal laws and regulations, and with the purpose of receiving, storing, shipping policies and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure regulations of the Premises or subject DISTRICT pertaining to the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises occupancy of FACILITY. OCCUPANT agrees to take good care of FACILITY and any equipment and furniture located therein, and to leave FACILITY at all times in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants as good order and restrictions now or hereafter applicable condition as existed prior to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to TenantOCCUPANT's use or occupation of the Premisesthereof. Tenant will OCCUPANT shall not use or permit the Premises allow any portion of FACILITY to be used for any purpose unlawful purpose. OCCUPANT shall not commit or allow to be committed any waste or nuisance in or about FACILITY or subject FACILITY to any use that would damage any portion of FACILITY or raise or violate any insurance coverage maintained by DISTRICT. OCCUPANT shall not allow a number of persons in any manner that would void Tenant's portion of FACILITY at any time in excess of the legal or Landlord's insurancenormal capacity of such portion of FACILITY. OCCUPANT shall not permit any food, increase the insurance riskdrink, or cause smoking in any portion of FACILITY without the disallowance prior written consent of DISTRICT. OCCUPANT agrees that DISTRICT has not agreed and will not agree to warrant the suitability or safety of FACILITY or any sprinkler creditsof FACILITY’s contents for the uses intended by OCCUPANT, such that OCCUPANT accepts full responsibility therefor. If a key is issued to the OCCUPANT for access to the FACILITY, and the key is lost by the OCCUPANT or any increase person given the key by the OCCUPANT, the OCCUPANT is responsible for, and will pay in full, the cost of any insurance on rekeying all locks that could be opened by that key, and the Premises or the Project is caused by Tenant's use or occupation cost of replacing all keys required to be replaced as a result of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation loss of the Premises by Tenant prior to key. If the Commencement Date property (or premises) will be used for an athletic activity, OCCUPANT shall be subject to all obligations comply with the requirements of Tenant under this LeaseA.R.S. Section 15-341(A)(24) regarding concussions and head injuries.

Appears in 3 contracts

Samples: Facility Use Agreement, Arizona School, Facility Use Agreement

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any To Landlord’s actual knowledge, the Permitted Use will not result in the voidance of or an increase in insurance risk with respect to the cost insurance currently being maintained by Landlord. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has received no written notice from any Governmental Authority (as defined in Section 9 below) that the Project is not in compliance with the applicable provisions of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”). Landlord shall be responsible, at Landlord’s sole cost and expense (and not as an Operating Expense) for the compliance of the Common Areas of the Project with the ADA as of the Lease Date. To the extent arising after the Lease Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any alterations or modifications made by Tenant prior Tenant) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. In addition, Landlord shall, at Landlord’s expense, make any alterations or modifications to the Premises that are required due to the non compliance of the Premises with Legal Requirements applicable to the Premises as of the Substantial Completion of Landlord’s Work, except to the extent such alterations or modifications are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA) related to Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlordsimilar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Any occupation Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 3 contracts

Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Use. The Subtenant shall have the right to use the Subleased Premises shall be used only for the Permitted Uses. Subtenant shall not use the Subleased Premises for any purpose of receivingother than the Permitted Uses, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's unless Subtenant obtains Sublandlord’s prior written consent, Tenant may also which consent shall not be unreasonably withheld, qualified or delayed. If Subtenant desires to use the Subleased Premises for light manufacturing. Tenant shall not conduct or give notice any purpose of any auctionother than the Permitted Uses, liquidation, or going out of business sale on Sublandlord may require that Subtenant obtain the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at Subtenant shall conduct its sole expense, shall use operations and occupy activities on the Subleased Premises in material compliance with all lawsApplicable Laws. Subtenant shall indemnify, defend and hold harmless Landlord and Sublandlord from and against any third-party claims and associated lawsuits, governmental actions, obligations, liabilities, damages, costs and expenses (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Subtenant’s failure to conduct its operations and activities at the Americans With Disabilities ActSubleased Premises in compliance with Applicable Laws. Subtenant shall have the right to discontinue its operations in the Subleased Premises, ordersin whole or in part, judgmentsat any time Subtenant determines appropriate, ordinancesin its sole and absolute discretion. Nothing contained in this Sublease shall be deemed to require Subtenant to use or occupy the Subleased Premises, regulations, codes, directives, permits, licenses, covenants and restrictions now Subtenant’s vacation of the Subleased Premises or hereafter applicable failure to use or occupy the Premises (collectively, "Legal Requirements"). The Subleased Premises shall not be used as constitute a place of public accommodation under default hereunder. Notwithstanding Subtenant’s election to discontinue its operations at the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Subleased Premises, that are required by Legal Requirements related to Tenant's use or occupation Subtenant shall comply with all of the terms of this Sublease, Subtenant shall not cancel electric or water service to the Subleased Premises. Tenant will not use or permit , and the Subleased Premises shall continue to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase fully heated and cooled as if the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasesame were fully occupied.

Appears in 3 contracts

Samples: Sublease Agreement (Smith & Wesson Brands, Inc.), Sublease Agreement (American Outdoor Brands, Inc.), Sublease Agreement (American Outdoor Brands, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with only and solely for the Permitted Use and for no other purposes whatsoever. Tenant shall be solely liable and responsible for obtaining or maintaining any and all lawsapprovals, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permitsauthorizations, licenses, covenants and restrictions now variances, or hereafter applicable to the Premises permits from any private party or any governmental or quasi-governmental agencies (collectively, "Legal RequirementsPermits") required for the 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"). The Premises 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 Landlord shall have no liability or obligation whatsoever in the event Tenant is unable to obtain any such Permits for whatever reason. Tenant'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 be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or affect this Lease in any regulations promulgated thereunder, all as may be amended from time to timemanner whatsoever. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the Premises to be used for any unlawful, disreputable, or extra-hazardous purpose or in any manner that would void Tenant's or Landlord's insuranceunlawful manner. Tenant shall (a) comply with all Federal, increase the insurance riskstate and local governmental laws, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by ordinances, orders, rules and regulations applicable to Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation and occupancy of the Premises including, without limitation, compliance with all laws, ordinances, regulations, and requirements of 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 or quasi-governmental agency in violation of any such laws, orders, rules and regulations; and Tenant prior shall give prompt written notice to the Commencement Date shall be subject Landlord of any notification to all obligations Tenant of Tenant under this Leaseany claimed violation thereof.

Appears in 3 contracts

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

Use. The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of receivingconducting a commercial general office business, storingresearch and development and all related purposes, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct do or give notice of any auction, liquidation, permit to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Complex nor bring or keep or permit to be brought or kept in or about the Premises to use that would damage or the PremisesComplex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, 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, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noiseinterfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner that would void Tenant's nuisance in, on or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on about the Premises or the Project is caused Complex. No sale by Tenant's use auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or occupation ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Premisesbuilding, or because Tenant vacates the Premises, then Tenant overload existing electrical or other mechanical systems. No waste materials or refuse shall pay the amount of such increase be dumped upon or permitted to Landlord. Any occupation remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant prior to Landlord for that purpose or inside of the Commencement Date building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be subject stored upon or permitted to all obligations remain outside the Premises or on any portion of common area of the Complex. 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 indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant under to comply with any applicable law. The provisions of this LeaseParagraph 1 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.

Appears in 3 contracts

Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

Use. The (a) Tenant shall use the Premises shall be used only for the purpose of receivingPermitted Uses, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose other purpose. Tenant shall not use or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or restrictions currently on record which will affect Tenant’s use of the Project is caused by Tenant's use Premises for the Permitted Uses), (ii) any law or occupation ordinance or any Certificate of Occupancy issued for the Building or the Premises, or because (iii) any reasonable Rules and Regulations issued by Landlord for the Building of which Tenant vacates has been given a copy. Tenant shall comply with any directive of any governmental authority with respect to Tenant’s use or occupancy of the Premises. Tenant shall not do or permit anything in or about the Premises which will in any way damage the Premises, then obstruct or interfere with the rights of other tenants or occupants of the Building, or injure them, or use the Premises or allow them to be used for any unlawful purpose. Tenant shall pay not cause, maintain or permit any nuisance in, on or about the amount of such increase to Landlord. Any occupation of Premises, or commit or allow any waste in or upon the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises.

Appears in 3 contracts

Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Landlord hereby consents to the transport through the Common Areas and the placement within the Premises (in the locations reflected on the Space Plan (as defined in the Work Letter)) of the Tenant equipment reflected in the Space Plan pursuant to its determination that the same, as located as reflected in the Space Plan, is within the structural capacity of the floor of the Premises. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Appears in 3 contracts

Samples: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)

Use. The Leased Premises shall be used only are leased to Tenant solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use set forth in Article 1.9 above and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose whatsoever. Tenant shall not conduct use or give notice occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any 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 a cancellation of any auctioninsurance policy covering the Building, liquidation, the Project or going out any part thereof or any of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noiseinterfere with the rights of other tenants or occupants of the Building, or vibrations to emanate from the Premises, Project or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeinjure them. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit allow the Leased Premises to be used for any purpose 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 Leased Premises, the Building and/or the Project. Tenant shall not 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 manner that would void Tenant's or Landlord's insurance, increase the insurance riskway conflict with any matters of record, or cause 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 disallowance requirements of any sprinkler creditsBoard of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. If The judgment of any increase 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 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 other mechanical equipment in the cost of any insurance on Leased Premises which cause noise or vibration that may be transmitted to the Premises or the Project is caused by Tenant's use or occupation structure of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.

Appears in 2 contracts

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

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingmanufacturing including an electroplating process provided such process emits no unreasonably noxious fumes or odors. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premiseswaste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Adams Golf Inc), Lease Agreement (Adams Golf Inc)

Use. The Premises Tenant may use the Property for any lawful purpose. At all times such use shall be used only for in compliance with all applicable Laws, including without limitation any zoning, occupancy, permit and license requirements, and in compliance with all rules, regulations, orders and requirements of the purpose American Insurance Association (formerly, the National Board of receiving, storing, shipping and selling (but limited to wholesale salesFire Underwriters) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingor any successor organization. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload so as to cause cancellation of Landlord’s insurance policies or increase the floor or structure premiums thereunder. Landlord makes no representation that such use of the Premises will comply with applicable zoning requirements or subject other Laws. The parties agree that Tenant shall be solely responsible for obtaining, at Tenant’s sole cost and expense, any necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and occupancy of the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, (including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants compliance with building code and restrictions now or hereafter similar regulations applicable to the Premises (collectivelyPremises), "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act without, however, in doing so adversely affecting Landlord or similar state statutes or local ordinances or impairing in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's way Landlord’s current and permitted use or occupation of the Premises. Tenant will not use ; and Landlord makes no warranty or permit the Premises to be used for representation whatsoever that any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premisesforegoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, or because Tenant vacates the Premises, then and Tenant shall pay the amount of obtain at its sole cost and expense any approval required by such increase to LandlordLaws. Any occupation sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Premises affected by Tenant prior to the Commencement Date removal of Tenant’s signs shall be subject restored to all obligations its condition as it existed as of Tenant under this Leasethe Lease Commencement Date, at Tenant’s sole cost and expense.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Use. The Premises shall be used only for the purpose of light manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the PremisesPremises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be subject to all obligations the terms and conditions of this Lease, other than any obligation of Tenant under to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to legally required changes to the interior of the Premises after Tenant's occupancy of the Premises that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord may be included in Operating Expenses pursuant to Paragraph 6 of this LeaseLease to the extent permitted thereunder, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease or due to violations of law by Landlord in existence as of the Commencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

Use. The Tenant shall use the Premises shall be used only for the purpose of receiving, storing, shipping and selling permitted use (but limited to wholesale salesas defined in Paragraph 1(h) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premiseshereof). Tenant will not occupy or use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take permit any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants portion of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit 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 to be disreputable in any manner that would void Tenant's or Landlord's insuranceextrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance riskon the Building or contents; and in the event that, or cause the disallowance by reason of any sprinkler credits. If acts of Tenant, there shall be any increase in the cost rate of any insurance Insurance on the Premises Building or the Project is caused contents created by Tenant's use acts or occupation conduct of the Premises, or because business than Tenant vacates the Premises, then Tenant shall hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to Landlord. Any occupation create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Commencement Date shall be subject Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all obligations of Tenant under this Leasetimes.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. (a) The Premises shall be used only for executive and administrative offices for the purpose conduct of receivingTenant's business, storing, shipping and selling (but limited to wholesale sales) products, materials the uses specifically set forth in the Basic Lease Information and merchandise made and/or distributed for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for such other lawful purposes as may be incidental thereto; providedthe Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with Landlord's prior written consent, Tenant may also use respect to the Premises shall allow use for light manufacturingexecutive and administrative offices. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with, the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the ProjectBuilding or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance of Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project Building is caused by Tenant's use or occupation and occupancy of the Premises, or because if Tenant vacates the PremisesPremises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLandlord as Additional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Inhibitex Inc), Lease Agreement (Sideware Systems Inc)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000,xx seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more (unless it has a live load of 125 pounds or less per square foot) in or upon the Premises or transport or move such increase to items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Premises based upon Tenant’s Share as usually furnished for the Permitted Use,

Appears in 2 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Use. The Premises shall be used only for light manufacturing of biopharmaceuticals and for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) such products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingthereto (including incidental office and warehouse uses). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on similar activities at the Premises. Tenant , and will use the Premises Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any outside storage, nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Tenant shall use and occupy the Premises in compliance with all federal, state, local, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or Act, similar state statutes or statutes, local ordinances ordinances, or any regulations promulgated thereunderrelated regulations, all as may be amended from time to time. The Premises shall not be used for residential purposes. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within modifications to the Premises or without the Premises, Project that are required by Legal Requirements related to as a result of Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord and Tenant acknowledge and agree that Tenant’s use may include parking vehicles inside the Building temporarily overnight, provided that: (a) Tenant is solely responsible, at Tenant’s cost, for compliance with Legal Requirements (including, without limitation, Tenant’s design, permitting and installation of a carbon monoxide/nitrogen oxide (diesel exhaust) detection and ventilation system), and all fire department requirements and approvals in connection with such use, (b) there be no hot works (e.g. for example, and not in limitation, cutting or welding), or painting within 20 feet of any vehicles inside the Premises, and (c) Tenant comply with the requirements of insurers of the Premises and Building.

Appears in 2 contracts

Samples: Lease Agreement (RayzeBio, Inc.), Lease Agreement (RayzeBio, Inc.)

Use. To use the Premises only for the Permitted Uses, and from time to time to procure all licenses and permits necessary therefor, at Tenant’s sole expense. With respect to any licenses or permits for which Tenant may apply, pursuant to this subsection 6.1.2 or any other provision hereof, Tenant shall furnish Landlord copies of applications therefor on or before their submission to the governmental authority. Tenant shall be solely responsible for maintaining compliance with all such permits or approvals and shall hold Landlord harmless for any violations thereof by Tenant. The vivarium will be permitted to be operated in the portion of the Premises shown on plans approved by Landlord in accordance with [Exhibit A], and shall be used only for biopharmaceutical research, development, handling and testing of [rodents and other small mammals] (“Permitted Animals”). If Tenant proposes to use any animals other than the purpose of receivingPermitted Animals in its operations, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's it shall first obtain the prior written consentconsent of Landlord. Animal testing, Tenant may also solely of Permitted Animals, shall be permitted subject to the following: (i) all testing shall be conducted in strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant’ sole cost and expense, in strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the vivarium; and (iv) Tenant’s use of the Premises for light manufacturing. Tenant vivarium shall not conduct interfere with the peaceable and quiet use and enjoyment by other tenants or give notice occupants of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals into the Premises and shall maintain such permits and approvals during the Lease Term. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noiseuse, or vibrations to emanate from suffer or permit the Premisesuse or occupancy of, or take any other action that would constitute a nuisance suffer or would disturb, unreasonably interfere with, permit anything to be done in or endanger Landlord anything to be brought into or kept in or about the Premises or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, part thereof (including, without limitation, any materials, appliances or equipment used in the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now construction or hereafter applicable to other preparation of the Premises and furniture and carpeting): (collectivelyi) which would violate any of the covenants, "Legal Requirements"). The Premises shall not be used as a place agreements, terms, provisions and conditions of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances this Lease or any regulations promulgated thereunderother legal requirements; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, all as may be amended from time to time. Tenant shallin the reasonable judgment of Landlord shall in any way (a) impair, at its expenseinterfere with or otherwise materially diminish the quality of any of the Building services or the proper and economic heating, make any alterations cleaning, ventilating, air conditioning or modifications, within other servicing of the Building or without the Premises, that are required by Legal Requirements related to Tenant's or with the use or occupation occupancy of any of the other areas of the Building, or occasion injury or damage to any occupants of the Premises or other tenants or occupants of the Building; or (iv) which is inconsistent with the maintenance of the Premises. Tenant will not use or permit All Hazardous Substances, laboratory chemicals, laboratory animals and other laboratory materials must be brought into the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase via the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasefreight elevator.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will that use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure shown as Item 3 of the Premises or subject the Premises to use that would damage the Premises. Tenant Basic Lease Provisions and shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord which consent may be withheld in Landlord's sole discretion. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said 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 the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any manner action or proceeding against Tenant that would void Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant's . Tenant shall not do or Landlord's insurance, permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any fire, extended coverage or any other insurance on policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the National Fire Protection Association or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Building, or injure or annoy them, or use or occupation of allow the 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 Premises, . Tenant shall not commit or because Tenant vacates suffer to be committed any waste in or upon the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Use. The Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant general office use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's purpose without prior written consent, Tenant may also consent of Sublessor and Landlord. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidationfor, or going out of business carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or conducted on or about the Premises. Tenant will use Sublessee shall not do or suffer anything to be done upon the Premises in a careful, safe and proper manner and which will not commit waste, overload the floor or structure of cause structural injury to the Premises or subject the building of which the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute form a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used as or operated in or upon the Premises which will in any manner injure, vibrate, or shake the Premises or the building of which it is a place part. No use shall be made of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or Premises which will in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, way impair the efficient operation of the sprinkler system (if any) within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of building containing the Premises. Tenant Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise-making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises to be used or any part thereof for any purpose which will increase the existing rate of insurance upon the building in which the premises are located, or in cause a cancellation of any manner that would void Tenantinsurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of Sublessor's or Landlord's insuranceinsurance expense, increase said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the insurance riskexercise of any other rights or remedies, or cause the disallowance constitute a waiver of any sprinkler credits. If any increase in the cost of any insurance on the Premises Sublessor's right to require Sublessee to discontinue such act or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseuse.

Appears in 2 contracts

Samples: Sublease Agreement (Interactive Objects Inc), Fine Com Corp

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or Interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Building and the Project with Legal Requirements (including, without limitation, compliance of the Premises and the Common Areas with the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) triggered by Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant under this LeaseAlterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord. Any occupation ’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: License Agreement (Sigilon Therapeutics, Inc.), License Agreement (Sigilon Therapeutics, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Following the Commencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s specific use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Landlord. Any occupation Tenant’s specific use or occupancy of the Premises by or Tenant’s Alterations, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Dimension Therapeutics, Inc.), Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord. Any occupation ’s cost, for the compliance of the Premises by Tenant prior to (including, without limitation, Landlord’s Work) and the Common Areas of the Project with Legal Requirements as of the Commencement Date (including any non-compliance as of the Commencement Date discovered at a later date during the Term). Commencing on the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Zentalis Pharmaceuticals, LLC), Lease Agreement (Zentalis Pharmaceuticals, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which consent shall not conduct be unreasonably withheld or give notice of any auction, liquidation, or going out of business sale on the Premisesdelayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentparty. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without to the Premises, that are required by as a result of changes in Legal Requirements related to Tenant's use or occupation of after the PremisesCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant's or Landlord's insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or restrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. If any increase in the cost of any insurance on the Premises or over that applicable to the Project Permitted Use is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLease other than the payment of rent.

Appears in 2 contracts

Samples: Lease (Blue Rhino Corp), Lease (Blue Rhino Corp)

Use. The (a) Tenant shall use the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the PremisesPermitted Use. Tenant will not 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 to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Project or contents; and in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Project or contents created by Tenant’s acts or conduct of business then Tenant shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the insurance increase to be fully eliminated, and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Landlord hereby agrees and acknowledges that based on what Landlord knows of Tenant’s intended use of the Premises, the Permitted Use shall not increase Landlord’s fire insurance rates. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Project. Tenant will maintain the Premises in a careful, clean and safe and proper manner condition and will comply with all laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to its specific manner of use of the premises. Tenant will not, without the prior written consent of Landlord, which consent shall not commit wastebe unreasonably withheld, overload conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the floor or structure exterior of the Premises or subject the Premises any part thereof. Should Landlord agree in writing to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projectforegoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, including without limitation, storage of but not limited to trucks and or other vehiclesvehicles or equipment shelter, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises which consent shall not be used as a place of public accommodation under the Americans With Disabilities Act unreasonably withheld, conditioned or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasedelayed.

Appears in 2 contracts

Samples: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)

Use. The Tenant shall use the Premises shall be used only for the purpose of receiving, storing, shipping and selling permitted use (but limited to wholesale salesas defined in Paragraph 1(h) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premiseshereof). Tenant will not occupy or use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take permit any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants portion of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit 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 to be disreputable in any manner that would void Tenant's or Landlord's insuranceextrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance riskon the Building or contents; and in the event that, or cause the disallowance by reason of any sprinkler credits. If acts of Tenant, there shall be any increase in the cost rate of any insurance on the Premises Building or the Project is caused contents created by Tenant's use acts or occupation conduct of the Premises, or because Tenant vacates the Premises, business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to Landlord. Any occupation create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, as set forth in Subparagraph 8(c) hereof, to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Commencement Date shall be subject Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all obligations of Tenant under this Leasetimes.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. The Premises shall be used (a) Tenant shall, subject to applicable zoning restrictions and any recorded covenants or restrictions in the public records upon the Commencement Date, use and occupy the Premises, including each Site, only for as bowling centers, with ancillary uses including dining establishments, banquet facilities, game rooms, billiard facilities, beauty shops, pro shops, other ancillary entertainment uses, uses permitted pursuant to the purpose of receivingnext succeeding sentence, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be which are incidental theretothereto (including where permitted, food and beverage service, including the sale of alcohol) (collectively, the “Permitted Use”); provided, however, with Landlord's except for the recordation of any Mortgage and any replacements, renewals, amendments, consolidations, modifications, extensions or refinancing thereof or as otherwise required by governmental order, from and after the Commencement Date, without first having obtained Tenant’s prior written consentconsent which may be withheld or granted in Tenant’s sole and absolute discretion, Tenant may also use Landlord shall not record or otherwise take any voluntary action to subject the Premises or Land to any additional (or modify or amend any existing) covenants, restrictions, easements, or other encumbrances of record or otherwise, or any rezoning of the Premises or any Site from the zoning classifications presently in existence as of the Commencement Date. The foregoing restriction on use shall not apply to any minor sublease for light manufacturinga portion of a Site if either (i) the use under such sublease is supporting or ancillary to the Permitted Use or (ii) such portion is excess or not necessary to Tenant’s business operations at the Site and the use is permitted by applicable laws and does not otherwise violate the other terms and conditions of this Lease. Tenant shall not conduct use, suffer or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturbportion thereof, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. to be used by Tenant, at its sole expenseany third party or the public, shall use and occupy the Premises in compliance with all laws, includingas such, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now restriction or hereafter applicable in such manner as might adversely affect Landlord’s title to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without interest in the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any such manner that would void Tenant's as might make possible a claim or Landlord's insuranceclaims of adverse possession by the public, increase the insurance riskas such, or cause the disallowance third Persons, or of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation implied dedication of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany portion thereof.

Appears in 2 contracts

Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, materially increase the insurance riskrisk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the Xxxxxx Xxxxx area, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance on increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project is caused by Tenant's use Common Areas or occupation the exterior of the PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or because Tenant vacates modifications to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.

Appears in 2 contracts

Samples: Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement, except to the Commencement Date extent arising from Landlord’s negligent or willful acts or omissions. Tenant’s indemnity obligations hereunder, however, shall be subject limited to all obligations the extent of Tenant Tenant’s authority to provide such indemnification under this Leaseapplicable law.

Appears in 2 contracts

Samples: Lease Agreement (Immune Design Corp.), Lease Agreement (Immune Design Corp.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions in Section 1.1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawsLegal Requirements now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, orders42 U.S.C. § 12101, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to et seq. (together with the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”). Tenant shall, at its expenseupon 5 days’ written notice Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's ’s insurance, increase the insurance riskcost, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations from Premises from extending into Common Areas, or other space in the Project. Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the capacity of the as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement (to the Commencement Date shall be subject extent that such Claims do not arise from the failure of Landlord’s Work to all obligations of Tenant under this Leasecomply with any Legal Requirements).

Appears in 2 contracts

Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon five (5) business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s sole cost, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Thereafter, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements first applicable to the Project following the Commencement Date, except to the extent arising from Tenant’s Alterations or Tenant’s particular use or occupancy of the Premises, in which case Tenant shall be responsible for the same. Subject to the requirements of the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to Tenant’s Alterations or Tenant’s use or occupancy of the Premises during the Term. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s Alterations or Tenant’s use or occupancy of the Premises during the Term, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises during the Term.

Appears in 2 contracts

Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The provisions of the preceding sentence are intended to apply in the cost event that Tenant’s use of the Premises changes from the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date. Landlord acknowledges that Landlord does not object to the use which Tenant has disclosed to Landlord that it shall be making of the Premises as of the Commencement Date and Tenant may continue to make such use of the Premises during the Term of the Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter and/or consented to by Landlord in connection with any Alterations, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements solely related to Tenant’s use or occupancy of the Premises, provided that if alterations or because Tenant vacates modifications to the PremisesBuilding or Project (that are not improvements made for the exclusive benefit of another tenant) are required as a result of the occupancy of the Building by one or more tenants, then and not as a result solely of Tenant’s occupancy, the cost of the alterations or modifications shall be paid by Landlord as an Operating Expense. Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Poniard Pharmaceuticals, Inc.), Sublease Agreement (Poniard Pharmaceuticals, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant the uses set forth in Section 1 above, and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any manner that would void Tenant's use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or Landlord's insurance, increase the insurance risk, or cause the disallowance of said Certificate of Occupancy. Tenant shall comply with any direction of any sprinkler credits. If any increase in governmental authority having jurisdiction which shall, by reason of the cost nature of any insurance on the Premises or the Project is caused by Tenant's use or occupation occupancy of the Premises, impose any duty upon Tenant or because Tenant vacates Landlord with respect to the Premises, then Premises or with respect to the use or occupation thereof. Tenant shall pay the amount of such increase to Landlord. Any occupation comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises by which will in any way obstruct or interfere with the rights of other tenants or occupants of the 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 prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.cause, maintain or permit any nuisance in, on or about

Appears in 2 contracts

Samples: Letter Agreement (Stac Inc), Stac Inc

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, subject to the first two sentences of this paragraph, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Use. The Premises Tenant shall be used only entitled to use the Premises solely for the purpose of receivingoffice/research and development, storingsales, shipping marketing and selling other related uses and (but limited to wholesale sales) products, materials or no other use whatsoever. Tenant shall continuously and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also without interruption use the Premises for light manufacturingsuch purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not conduct do or give notice of any auction, liquidation, permit anything to be done in or going out of business sale on about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant will use shall not operate any equipment within the Premises in a carefulwhich does or could (i) injure, safe and proper manner and will not commit waste, overload the floor vibrate or structure of shake the Premises or subject the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use that would damage any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any objectionable waste in or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from about the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationBuilding, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises Common Areas or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseProperty.

Appears in 2 contracts

Samples: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises with the ADA to the extent applicable as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA resulting from Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements resulting from Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement resulting from Tenant’s use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises.

Appears in 2 contracts

Samples: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises by Tenant prior or Tenant’s alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Except as set forth in the two prior sentences immediately preceding, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Except as otherwise expressly provided in this Lease, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Use. (a) The Premises shall be used only and occupied by Tenant for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant use set forth in the Basic Lease Information and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct or give notice shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating Tenant's specific of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the use of the Premises to be used for any purpose or in any manner that would void Tenant's will tend to create waste or Landlord's insurance, increase the insurance riska nuisance, or cause which unreasonably disturbs other tenants of the disallowance Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any sprinkler credits. If any increase in signs on or visible from the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation exterior of the Premises, or because use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant vacates shall have the exclusive right to exterior sign(s) adjacent to the Building, with such sign(s) installed at Tenant's expense and only with Landlord's prior consent, which shall not unreasonably be withheld, conditioned or delayed. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, then either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Building or the Project or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall pay the amount of such increase not be responsible for compliance with any statutes, ordinances, rules, regulations, orders and requirements that are not related specifically to Landlord. Any occupation Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises by Tenant prior to be structurally strengthened against earthquake, or should require the Commencement Date removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be subject to all obligations performed by and at the sole cost of Tenant under this LeaseLandlord.

Appears in 2 contracts

Samples: Silicon Energy Corp, Silicon Energy Corp

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises by or as a result of Tenant’s Alterations (excluding the Tenant prior Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. After the Commencement Date Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its expense, make any alterations or modifications, within or without use of the Premises, that are required Tenant may continue to operate in the Premises for such additional period granted by Legal Requirements related to Tenant's use or occupation of the Premisesapplicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance on increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project is caused by Tenant's use Common Areas or occupation the exterior of the PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or because Tenant vacates modifications to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (ONCOSEC MEDICAL Inc), Lease Agreement (Vividion Therapeutics, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Landlord. Any occupation Tenant’s use or occupancy of the Premises by or Tenant’s Alterations, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)

Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed 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 such other Landlord’s reasonable inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also conduct of Tenant’s permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable way interfere with the rights of other occupants of the Building or unpleasant odors, smoke, dust, gas, noisethe Project, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant's the Premises or Landlord's insurance, the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on policy(ies) covering the Premises or Building, the Project is caused by Tenant's and/or their contents, and shall comply with all applicable insurance underwriters rules 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 or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the amount Building and/or Project, 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 increase “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 Landlord. Any occupation Tenant’s particular use of the Premises by Tenant prior to the Commencement Date (in which case Tenants shall be subject to all obligations fully responsible for the entire cost and installation of Tenant under this Leaseeach “capital” investment).

Appears in 2 contracts

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

Use. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, howeverand subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, with including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with the Premises. Tenant will use the Premises in a carefulpremises, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premisespremises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project building in which Tenant occupies space is caused by Tenant's use or occupation and occupancy of the Premisespremises, or because if Tenant vacates the Premisespremises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Any occupation Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant prior Tenant's negligence or failure to the Commencement Date shall be subject to all obligations of Tenant under comply with this Leaseparagraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. (a) The Premises shall be used only for the purpose of receivinggeneral office, storingadministrative, shipping call center use, storage and selling all other legal uses (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing“Tenant’s Use”). Tenant shall not conduct do or give notice of any auction, liquidation, permit to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Building anything which is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises or the Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises or the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants in the Building, or injure them, or use that would damage or allow the Premises or the Building to be used for any immoral or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance, in, on or about the Premises or the Building or commit or suffer to be committed any waste in, on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with Tenants’ permitted use of the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable have access to the Building and Premises (collectivelyon a 24 hour/7 day a week basis. Building hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeexcept holidays. Tenant shallshall be responsible for and shall pay for any increased building security costs, at its expense, make any alterations or modifications, within or without HVAC costs and utilities due to Tenant’s occupancy and the Premisesoperation of HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that are required by Legal Requirements related Tenant shall have the right to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase audit such costs in the cost same manner as Tenant’s right to audit Operating Expenses pursuant to Article 7 of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises by Tenant prior or Tenant’s Alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. 00000, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared to be a violation of any Legal Requirement by any Governmental Authority (as defined in Section 9) having jurisdiction. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase in additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the cost provisions of any insurance on the Premises this Section or the Project is otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe, and proper manner and will not commit waste, overload the floor or occupation structure of the Premises, or because Tenant vacates subject the Premises to use that would damage the Premises, then or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity, or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that may be required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges, and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold, and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of Landlord’s Work or the Tenant Improvements as reflected on the TI Space Plans attached to the Work Letter as Schedule 2 as of the date of Shell Substantial Completion. Any occupation Tenant shall be responsible for the compliance of the Premises by Tenant prior with Legal Requirements and shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of any changes to the Commencement Date TI Space Plans attached to the Work Letter as Schedule 2. Following the date of Shell Substantial Completion, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the Tenant Improvements (as defined in the Work Letter), Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary (other than Landlord’s responsibility for the Common Areas as provided for in the first two sentences of this paragraph), Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to the Tenant under Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Use. The Tenant shall use the Premises shall be used only solely for the Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. Tenant may also use shall comply, and cause Tenant Parties to comply, with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises for light manufacturingor any portion thereof. Tenant shall not conduct or give notice make any penetrations in the roof of any auctionBuilding without the consent of Landlord, liquidationand any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to 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 going out allow Tenant Parties to commit, any waste of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noisedo, or vibrations permit Tenant Parties to emanate from do, anything on or about the Premises that in any way invalidates or prevents the procuring, of any insurance protecting against loss or damage to any portion of the Premises or its contents, or against liability for damage to property or injury to persons in or about any portion of the Premises. For purposes hereof, "Tenant 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 applicable state, municipal or local cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or take other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any other action that would constitute a nuisance or would disturbportion thereof, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storageTenant, including without limitationboth statutory and common law, storage of trucks hazardous waste rules and other vehiclesregulations, is prohibited without and state cannabis licensing and program laws, rules and regulations. Tenant may only place equipment within the Premises with floor loading consistent with the applicable Building's structural design unless Tenant obtains Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeapproval. Tenant shall, at its expense, make any alterations or modifications, within or without may place such equipment only in a location designed to carry the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount weight of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseequipment.

Appears in 2 contracts

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

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are Net Multi-Tenant Laboratory 455 Mission Bay/Twist Bioscience - Page 7 required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises with the ADA) triggered by Tenant prior Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant under this LeaseAlterations.

Appears in 2 contracts

Samples: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Use. The Tenant shall use the Leased Premises shall be used only for the purpose of receivinggeneral office purposes, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's purpose without the prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice consent of any auction, liquidation, or going out of business sale on the PremisesLandlord. Tenant will not use or occupy the Leased Premises in a carefulfor any unlawful purpose, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all present and future laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codesand orders of the United States of America, directivesthe state in which the Leased Premises are located, permits, licenses, covenants and restrictions now all other governmental units or hereafter applicable agencies having jurisdiction over the Property and the Leased Premises. Tenant agrees to operate its business in the Leased Premises (collectively, "Legal Requirements")during the entire Term and to conduct its business in a reputable manner. The Premises Tenant shall not be used as a place of public accommodation under cause, maintain or permit any outside storage on or about the Americans With Disabilities Act Leased Premises, shall not commit or similar state statutes or local ordinances suffer any waste upon the Leased Premises, or any regulations promulgated thereundernuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, all as nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof. Tenant shall not sell, or permit to be kept, used, in or about the Leased Premises, any article, which may be amended from time to timeprohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, make comply with any alterations or modificationsand all requirements, within or without pertaining to the Leased Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on organization or company, necessary for the Premises maintenance or reasonable fire and public liability insurance covering the Project is caused by Tenant's use or occupation of the Leased Premises, or because Tenant vacates the Premises, then Building and appurtenances. Tenant shall pay restrict the amount number of employees, including temporary workers, permitted in the Leased Premises to no more than allowed by the prevailing building code at any given time. Tenant shall not place on any floor a load exceeding the floor load per square foot, which such increase floor was designed to Landlordcarry. Any occupation Landlord shall have the right to prescribe the weight, position and manner of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations installation of Tenant under this Leasesafes and other heavy equipment and fixtures.

Appears in 2 contracts

Samples: Meadows Corporate Center (Quality Systems Inc), Meadows Corporate Center (Quality Systems Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. 00000, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant general office use consistent with the character of a first class office building and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any manner that would void Tenant's use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or Landlord's insurance, increase the insurance risk, or cause the disallowance of said certificate of occupancy. Tenant shall comply with any direction of any sprinkler creditsgovernmental 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 the use or occupation thereof. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any fire, extended coverage or any other insurance on policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Project, or injure or annoy them, or use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of allow the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.used for any

Appears in 2 contracts

Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With 100 Binney, Cambridge, MA/TCR2 Therapeutics Inc. - Page 12 Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The number of control areas in the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project, Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall pay make any alterations or modifications to the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements for which Tenant is responsible hereunder or related to Tenant’s particular use of the Premises or its Alterations (as defined in Section 12 below), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Lease.or in connection with any failure of the Premises to comply with any Legal Requirement. (b) Intentionally omitted. 000 Xxxxxx, Xxxxxxxxx, MA/TCR2 Therapeutics Inc. - Page 13

Appears in 2 contracts

Samples: License Agreement (Tcr2 Therapeutics Inc.), License Agreement (Tcr2 Therapeutics Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurancethe insurance that Tenant and Landlord are required to maintain pursuant to Section 17 hereof, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

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Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord, conduct or give notice of any insurance auction, liquidation, or going out of business sale on the Premises, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall cause Landlord’s Work to be completed in compliance with applicable Legal Requirements (including the ADA). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to the Commencement Date Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which has been declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, or because and Tenant vacates the Premisesagrees to reasonably cooperate with Landlord, then Tenant shall pay the amount of and to provide such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Vir Biotechnology, Inc.), Lease Agreement (Vir Biotechnology, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement. For purposes of Section 1938 of the Commencement Date shall be subject to all obligations California Civil Code, as of Tenant under the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Corvus Pharmaceuticals, Inc.), Lease Agreement (Corvus Pharmaceuticals, Inc.)

Use. The Premises shall be used only solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may Permitted Use set forth in the Basic Lease Provisions. The Premises shall be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises used in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to all obligations locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant under this Leaselocating such Fire Safes within the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)

Use. The Tenant may use the Demised Premises as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses or for any other lawful purpose for which Landlord provides it's written consent, such consent not to be unreasonably withheld. Landlord's consent shall be used only for deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the purpose Entire Premises, or (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. Tenant shall indemnify and hold Landlord harmless of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed from all fines or penalties imposed by law arising by reason of the violation by Tenant of any laws, rules, ordinances or regulations relating to the conduct of business in the Demised Premises issued by any governmental authority having jurisdiction over the Demised Premises. Tenant shall not have any obligation to continuously use or occupy the Demised Premises or conduct business therein during the Term and for such other lawful purposes as may be incidental theretoTenant shall have the right (at any time and from time to time) to discontinue the use and occupancy of the Demised Premises or cease the conduct of business therein; provided, however, with Landlord's prior written consent, Tenant may also use that neither the Premises for light manufacturing. Tenant shall not conduct or give notice cessation of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation occupancy of the Premises. Demised Premises nor the discontinuation of the conduct of business therein shall relieve or discharge Tenant will not use from its obligation to pay Rent, Additional Rent or permit other amounts payable by Tenant and perform the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase obligations required by this Lease in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetime and manner set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)

Use. The Tenant shall continuously occupy and use the Premises shall be used only for the purpose Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (250) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, including, without limitation, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgments, ordinancesand all rules, regulations, codesand guidelines promulgated under such laws, directivesas 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 (subject to reimbursement as set forth in Exhibit B), permits, licenses, covenants and restrictions now or hereafter applicable to 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 made by Tenant (collectively, "Legal Requirements"which risk and responsibility shall be borne by Tenant). The Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlord's insuranceplace any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, or because any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant vacates or the contents or equipment in or about the Premises, then and, as a result thereof, Tenant shall pay the amount of be liable for such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date and such increase shall be subject to all obligations considered Additional Rent payable with the next monthly installment of Tenant Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Use. Premises -------- The Premises shall be used only for the purpose permitted Use as stated in the Basic Lease Information. No other use of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as the Premises may be incidental thereto; provided, however, with made without Landlord's prior written consentapproval, which shall be granted or withheld at Landlord's sole discretion. Without Landlord's prior written approval, which shall be granted or withheld at Landlord's sole discretion, Tenant may also shall not use the Premises for light manufacturingto receive, store, or handle any product, material, or merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall not conduct or give notice be solely responsible for complying with all laws applicable to the Use, occupancy, and condition of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise, or vibrations to emanate from the Premises, or ; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or person; nor permit the Premises to be used for any purpose or in any manner that would 1) void Tenant's any insurance on the Premises or Landlord's insurancethe Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred by Landlord that is caused by Tenant's use or occupation of the Premises, Premises or because Tenant vacates the Premises, then . Tenant shall pay the amount of such increase represents and warrants to Landlord. Any occupation Landlord that Tenant's intended Use of the Premises by is solely for business or commercial purposes, and not for personal, family, or household purposes. Parking Areas ------------- Tenant prior and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Commencement Date shall be Premises which Landlord may from time-to-time designate for such use, at an allocation of no less than one parking spaces per 1500 square feet of the Premises, subject to all obligations 1) such reasonable rules and regulations as Landlord may promulgate from time to time, and 2) rights of Tenant under this Leaseingress and egress of other tenants and their employees, agents, and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties.

Appears in 2 contracts

Samples: Lease Agreement (Ebaseone Corp), Lease Agreement (Ebaseone Corp)

Use. The Tenant shall continuously occupy and use the Premises shall be used only for the purpose Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with applicable Law and all lawsinsurance requirements. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, including, without limitation, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgments, ordinancesand all rules, regulations, codesand guidelines promulgated under such laws, directivesas 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 (subject to reimbursement as set forth in Exhibit C), permits, licenses, covenants and restrictions now or hereafter applicable to 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 made by Tenant (collectively, "Legal Requirements"which risk and responsibility shall be borne by Tenant). The Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeabortion issues). Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Premises other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be used for conducted in the Premises any purpose activity, or place any equipment in any manner that would void Tenant's or Landlord's insuranceabout the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, or because any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant vacates or the contents or equipment in or about the Premises, then and, as a result thereof, Tenant shall pay the amount of be liable for such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date and shall be subject to all obligations considered Additional Rent payable with the next monthly installment of Tenant Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Cancer Genetics, Inc), Office Lease Agreement (Interpace Biosciences, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 10 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Building. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first sentence of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant's ’s failure to comply with any Legal Requirements as required in connection with Tenant’s particular use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation occupancy of the Premises by as provided in this paragraph, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement as required in connection with Tenant’s particular use or occupancy of the Commencement Date shall be subject to all obligations Premises as provided in this paragraph. For purposes of Tenant under Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Conkwest, Inc.), Lease Agreement (NantKwest, Inc.)

Use. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or and or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, howeverand subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, with including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with the Premises. Tenant will use the Premises in a carefulpremises, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premisespremises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project building in which Tenant occupies space is caused by Tenant's use or occupation and occupancy of the Premisespremises, or because if Tenant vacates the Premisespremises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Any occupation Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant prior Tenant's negligence or failure to the Commencement Date shall be subject to all obligations of Tenant under comply with this Leaseparagraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises by Tenant prior or Tenant’s alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant under Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auctiongeneral office use, liquidationas a data processing center and other reasonably related activities, or going out of business sale on only as otherwise outlined and stated in this lease and for no other purpose without the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at its sole expenseTenant's cost to alter, shall use and occupy maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, including, without limitation, the Americans With Disabilities Actordinances, orders, judgmentsrules and regulations. For purposes of this clause, ordinancesa "material capital improvement" shall mean any capital improvement, regulationsor series of capital improvements within any calendar year, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place costing in excess of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time$25,000. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the use of the Premises to be used for any purpose or in any manner that would void Tenant's will tend to create waste or Landlord's insurancea nuisance or, increase if there shall be more than one tenant of the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or because warranty to Tenant vacates as to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation suitability of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations conduct of Tenant under this LeaseTenant's business.

Appears in 2 contracts

Samples: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord, within 10 days after delivery to Tenant of written demand therefor, for any additional premium actually charged for any such insurance on policy by reason of Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to Landlordthe Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Any occupation Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith. The cost to obtain any such certification will not be included as part of Operating Expenses, but any cost to maintain such certification in effect shall be includable as part of Operating Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationonly for a medical and beauty consultation and administration office and for no other purpose. 5 In the event the Tenant uses the Premises for purposes not expressly permitted herein, the Americans With Disabilities ActLandlord may terminate the Lease, ordersor without notice to Tenant, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now restrain said improper use by injunction. Tenant shall not do or hereafter applicable permit anything to be done in or about the Premises (collectivelynor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, "Legal Requirements")or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. The Premises Tenant shall not do or permit anything to be used as a place done in or about the Premises which will in any way obstruct or interfere with the rights of public accommodation under other Tenants or occupants of the Americans With Disabilities Act Building or similar state statutes injure or local ordinances annoy them or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or allow to be committed any manner that would void waste in or upon the Premises. In the event Tenant's permitted use of the Premises increases the existing rate of or Landlord's affects any fire or other insurance, then and in that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the insurance riskPremises as a Tenant, or cause by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall be deemed to have accepted the disallowance of any sprinkler credits. If any increase same and to have acknowledged that the Premises are conclusively in the cost condition required by the Lease. This Lease does not grant Tenant any right of any insurance on air and light over and about the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.

Appears in 2 contracts

Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Use. The Premises Tenant shall be used only use the facility for the purpose operation of receivinga licensed RCFE, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose whatsoever without Landlord's prior written consent, which consent may be Initials: /s/ EM /s/ WB 7 withheld in Landlord's sole and absolute discretion. Tenant may also shall not do, bring or keep anything in, on or about the Premises that will cause a cancellation of any insurance maintained by either Landlord or Tenant with respect to the Premises or any personal property located or used thereon, and Tenant shall comply with all requirements imposed by the insurance companies issuing such insurance. Tenant shall not use the Premises in any manner that will constitute waste of the Premises or a nuisance or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises or any part thereof. No machinery, apparatus or other appliance shall be used or operated in, on or about the Premises that will in any manner injure the Premises or any part thereof. Tenant shall pay all payrolls promptly when due respecting all personnel at the Premises and shall file all governmental reports required pursuant thereto (including, without limitation, payroll tax returns), and shall pay such taxes promptly and before delinquency. Tenant shall comply with, and the leasehold created by this Lease shall at all times be subject to, all covenants, conditions, restrictions, easements and rights of way affecting the Premises or the real property on which the Premises are located. At Landlord=s request, Tenant shall furnish any bond which may be required by law in connection with the holding of any funds from residents, including resident's trust funds, and an accounting therefor. Tenant shall be fully responsible for light manufacturingsuch funds, and agrees to indemnify, defend and hold Landlord harmless from and against any losses, liabilities, costs or expenses arising in connection therewith. Tenant shall not conduct or give notice of permit to be conducted in, from or upon the Premises any sale by auction, liquidationwhether such auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor pursuant to any bankruptcy or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinsolvency proceeding.

Appears in 2 contracts

Samples: And Restated Lease Agreement (Emeritus Corp\wa\), And Restated Lease Agreement (Emeritus Corp\wa\)

Use. 11. The Demised Premises shall be used only and occupied by Tenant solely for the purpose purposes of receivingmedical products manufacturing, storingassociated warehousing and general office/R&D uses, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such any other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises purpose to which Landlord consents in a careful, safe and proper manner and writing (which consent will not commit wastebe unreasonably withheld), overload the floor or structure of the Premises or subject the Premises to so long as such use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all applicable laws, including, without limitation, ordinances and governmental regulations affecting the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Building and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")Property. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Property. Tenant shall occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as a place is lawful and reputable and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of public accommodation under the Americans With Disabilities Act Building. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Property, provided that such rules and regulations do not unreasonably interfere with Tenant's lawful use of the Demised Premises. Outside storage on the Property of any type of equipment, property or similar materials owned or used on the Property by Tenant or its customers and suppliers shall not be permitted. Tenant shall comply with all federal, state statutes or local ordinances or any and municipal laws, ordinances, standards and regulations promulgated thereunder, all as may be amended in effect from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without time governing the Premises, that are required by Legal Requirements related to operation of Tenant's use business including but not limited to federal regulations on occupational exposure to bloodborne pathogens (29 CFR ss. 1910.1030) and ionizing radiation (29 CFR ss. 1910.1096); any applicable Standards of Practice promulgated by the Centers for Disease Control; and all laws, ordinances, standards and regulations governing the transportation, use, storage and disposal of infectious or occupation potentially infectious substances and wastes. Notwithstanding anything in this Lease to the contrary, Tenant, and not Landlord, shall be responsible and shall pay for all costs of segregating, packaging, treating, transporting and disposing of all infectious waste (if any) generated by Tenant, its employees, agents, invitees and visitors at or from the Property. All infectious waste shall be identified, segregated, measured, stored and disposed of by Tenant in a manner that complies with all federal, state and local laws, ordinances, standards and regulations applicable to infectious waste. None of the Premises. Tenant will not use or permit the Premises to Common Areas may be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations storage or disposal of Tenant under this Lease.infectious waste. As used herein, "

Appears in 2 contracts

Samples: Possis Medical Inc, Possis Medical Inc

Use. The Tenant shall use the Premises shall be used only for the purpose Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits and licenses necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. Notwithstanding anything in this Lease to the contrary, includingas between Landlord and Tenant, without limitation, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgmentsand all rules, ordinancesregulations and guidelines promulgated under such laws, regulationsas amended from time to time (the “Disabilities Acts”) in the Premises. Further, codesLandlord shall be responsible for compliance with Disabilities Acts in the Common Area and with respect to the path of travel to the Premises, directivesunless any non-compliance is caused by or attributable to (a) any Alterations performed by or at Tenant’s request (other than the Work), permits, licenses, covenants and restrictions now or hereafter applicable to (b) Tenant’s specific use of the Premises (collectively, "Legal Requirements"as opposed to general office use). The If Tenant’s initial use of the Premises is not a “place of public accommodation” within the meaning of the Disabilities Acts, then Tenant may not thereafter change the use to cause the Premises to become a “place of public accommodation”. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness or loudness; or which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlord's insuranceplace any equipment in or about the Premises or the Project, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Project. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, such statement or because threat shall be conclusive evidence that the increase in such rate is due to such activity of Tenant vacates the Premisesand, then as a result thereof, Tenant shall pay be liable for the amount payment of such increase as additional Rent. In no event shall Tenant introduce or permit to Landlord. Any occupation of be kept on the Premises by or brought into the Project any dangerous, noxious, radioactive or explosive substance. Tenant prior agrees to comply with and cooperate with Landlord’s efforts to comply with energy efficiency, green building and/or carbon reduction laws, including occupant, water, energy and transportation surveys within the Commencement Date shall be subject to all obligations of Tenant under this Leasecity, county, state or any other jurisdiction.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any To Landlord’s actual knowledge, the Permitted Use will not result in the voidance of or an increase in insurance risk with respect to the cost insurance currently being maintained by Landlord. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has received no written notice from any Governmental Authority (as defined in Section 9 below) that the Project is not in compliance with the applicable provisions of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”). Landlord shall be responsible, at Landlord’s sole cost and expense (and not as an Operating Expense) for the compliance of the Common Areas of the Project with the ADA as of the Commencement Date. To the extent first arising after the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any alterations or modifications made by Tenant prior Tenant) make any alterations or modifications to the Project (other than the Premises) that are required by Legal Requirements, including the ADA. in addition, Landlord shall, at Landlord’s expense, make any alterations or modifications to the Premises that are required due to the non compliance of the Premises with Legal Requirements, including the ADA, applicable to the Premises as of the Commencement Date Date, except to the extent such alterations or modifications are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA) related to Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Fluidigm Corp)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant administrative offices, and related storage and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. 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 manner that would void Tenant's or Landlord's insurance, way increase the existing rate or affect any fire or other insurance riskupon the Building or any of its contents, or cause the disallowance of any sprinkler credits. If any increase in the cost cancellation of any insurance on policy covering said Building or any part thereof or any of its contents. Landlord represents and warrants that the Premises or the Project is caused by Tenant's use of the Premises in accordance with this Lease shall not result in any breach of Tenant's obligations under the preceding sentence. Tenant shall not do or occupation permit anything to be done in or about the Premises which will, in any material way, obstruct or interfere with the rights of other tenants or occupants of the Building or injure or unreasonably annoy them or use or allow the Premises to be used for any improper or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Landlord acknowledges that Tenant, its subsidiaries and affiliates are engaged in the promotion, offering, distribution and sale of adult entertainment and goods, which some reasonable people might find objectionable or morally reprehensible, and so long as Tenant's business is conducted and maintained within the confines of the Premises, or because Tenant vacates this Lease authorizes the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation use of the Premises by for such purposes, provided, however, that Tenant prior agrees to use its diligent efforts to prevent any adult entertainment items or materials which may tend to offend or annoy reasonable persons from being readliy visible to persons passing outside of the Commencement Date Premises (i.e. through a window or open door). Tenant shall not commit or suffer to be subject to all obligations of Tenant under this Leasecommitted any waste in or upon the Premises.

Appears in 1 contract

Samples: New Frontier Media Inc

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Lessee shall use and occupy the Demised Premises for no purpose except (a) purposes related to those for which the Demised Premises is being used as of the Effective Date and/or (b) other lawful purposes consistent with the industrial nature of the Demised Premises. Lessee shall not use or occupy the Demised Premises for any unlawful purpose, or in compliance any manner that will violate the certificate of occupancy for the Demised Premises. Lessee shall, at Lessee's expense, comply with all laws, present and future laws (including, without limitation, the Americans With with Disabilities Act), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders, judgmentsrecommendations, ordinancesdecisions, regulations, codes, directives, permits, licenses, covenants and restrictions decrees now or hereafter applicable to promulgated (including, without limitation, those made by any public or private agency), as any of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as same may be amended from time to timetime (collectively, "Laws", and individually, ''Law") applicable to Lessee, the use, occupancy and condition of the Demised Premises and the business being conducted thereon, and all machinery, equipment, furnishings, fixtures and improvements on or used in connection with the Demised Premises. Tenant shallIf any Law requires any occupancy or use permit or license for the Demised Premises or the operation of the business conducted therein, then Lessee shall obtain and keep current all such permits or licenses at Lessee's expense. Lessee shall deliver to Lessor, promptly upon request, copies of all such licenses and permits. If any Law requires any modification to the Demised Premises, Lessee shall perform such alterations, at its sole cost and expense, make any alterations or modifications, within or without in accordance with the Premises, that are required by Legal Requirements related to Tenant's use or occupation applicable terms and conditions of Section 3.2 below. Use of the Premises. Tenant will not use or permit the Demised Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all covenants, conditions, easements and restrictions of record, and Lessee shall comply with the same (but not with any of Lessor's obligations for and relating to borrowed money except as provided in this Lease or agreed by Lessee with Lessor’s lender). Lessee shall conduct its business in the Demised Premises in a reputable manner. Lessee shall have the right to erect and maintain directional or Lessee identification signs (but no third party signage such as, by way of Tenant under this Leaseexample and not limitation, advertisements, political advocacy, or position statements) in or on the Demised Premises at such place or places as Lessee may choose, subject to all applicable Laws and ordinances.

Appears in 1 contract

Samples: Lease (LIVE VENTURES Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements" and each, a "Legal Requirement"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a "place of public accommodation", as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant's expense (to the extent such Legal Requirement is applicable solely by reason of Tenant's, as compared to other tenants of the Project, particular use of the Premises by or as a result of Tenant's Alterations (excluding the Tenant prior Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. After the Commencement Date Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's particular use or occupancy of the Premises or as a result of Tenant's Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (BioCardia, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited Tenant agrees to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingthe Permitted Use, and for no other use or purpose. Tenant must comply with the Rules and Regulations, a copy of which is attached as Exhibit C. Tenant will, at its sole cost, comply with, and cause Tenant’s Parties to comply with, all Applicable Laws pertaining to the Premises or Tenant’s use or occupancy of the Premises, and obtain any permits, approvals, or licenses required for such use and occupancy (other than those Landlord has expressly agreed to obtain as part of Landlord Work, if applicable). Tenant shall not conduct use the Premises in any manner that would cause the Premises or give notice the Project to be considered a “place of public accommodation” under the ADA. If an Alteration to the Premises or the Project becomes required under any auction, liquidationApplicable Law, or going out requested in a citation issued by a governmental authority, as a result of business sale (i) Tenant’s particular use of the Premises (as opposed to warehouse and distribution with ancillary office uses in general), or (ii) any Alterations performed by or at the request of Tenant, then Tenant shall upon Landlord’s demand, at Tenant’s election make such required Alteration at Tenant’s sole cost or pay Landlord the documented third party costs reasonably incurred by Landlord for the Alteration. Tenant acknowledges that the Premises is not currently separately demised from the remaining 11,834 square feet of office space on the first floor of the Building (such vacant space, the “Vacant Area”). Tenant shall not use or occupy any portion of the Vacant Area, except for gaining access to the elevator and stairwell as necessary to access the Premises. Tenant will use acknowledges that the utilities for the Premises in a carefuland the Vacant Area are not separately metered between the Premises and the Vacant Area, safe and proper manner and will not commit waste, overload the floor or structure Tenant shall be responsible for payment of the Premises actual costs of all utilities to the Vacant Area, in accordance with the terms of paragraph 8 below, so long as the Vacant Area is not separately metered or subject used or occupied by a third party tenant. During the Premises to use that would damage Term, so long as the Premises. Tenant shall Vacant Area is not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate demised from the Premises, or take any other action that would constitute used or occupied by a nuisance third party tenant, for purposes of determining Landlord’s and Tenant’s respective liabilities for acts or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of omissions occurring within the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationVacant Area, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Vacant Area shall not be used as considered a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation part of the Premises. Tenant will not use or permit agrees that Landlord may, at any time during the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insuranceTerm, increase demise the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of Vacant Area from the Premises, and Tenant agrees that Landlord may have access to the Premises as may be reasonably necessary in connection therewith. Landlord shall demise the Vacant Area from the Premises prior to granting any occupancy rights in the Vacant Area (or because any portion thereof) to a third party, provided that Landlord will demise the Vacant Area from the Premises in a manner as to continue to allow Tenant vacates access to the elevator and stairwell as necessary to access the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease (Repro Med Systems Inc)

Use. The Premises shall be used only and occupied for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant general business office and for such research and development and for no other lawful purposes as may be incidental thereto; provided, however, with use or purpose (the “Permitted Use”) without Landlord's ’s prior written consent, such consent not to be unreasonably withheld, conditioned or denied. Tenant may also shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises for light manufacturing(and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the “Building Rules” (as defined in Section 27—Rules and Regulations). Tenant shall not conduct do, bring, keep or give notice sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of any auctioninsurance policy covering the Premises or any part thereof. Tenant shall not do, liquidationbring, keep or sell anything in or about the Premises that is prohibited by, or going out that will cause an increase in the existing premium for, any insurance policy covering the Premises or any part thereof unless Tenant agrees to pay for such increase. Tenant shall, at Tenant’s sole cost and expense, comply with all requirements of business sale on Landlord’s insurance carriers that relate to Tenant’s use of the Premises. Tenant will use the Premises in a carefulshall, safe at Tenant’s sole cost and proper manner and will not commit wasteexpense, overload the floor or structure comply with all requirements of the Premises or subject the Premises Landlord’s insurance carriers that relate to use that would damage the Premises. Tenant shall not permit the Premises to be occupied or used in any objectionable manner that will constitute waste or unpleasant odors, smoke, dust, gas, noisea nuisance, or vibrations to emanate from disturb the Premises, quiet enjoyment of or take any otherwise annoy other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of in the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy Without limiting the Premises in compliance with all laws, including, without limitationforegoing, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place for educational activities (other than training of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances Tenant’s employees and customers), practice of medicine or any regulations promulgated thereunderof the healing arts, all as may be amended from time to timeproviding social services, for any governmental use (including embassy or consulate use). Tenant shallshall not, at its expense, make any alterations or modifications, within or without the Premisesprior consent of Landlord, that are required by Legal Requirements related to Tenant's use (i) bring into the Building or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose anything that may cause substantial noise, odor or in any manner that would void Tenant's vibration, overload the floors or Landlord's insurance, increase the insurance risk, or cause the disallowance roof structure of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use Building or occupation any of the Premisesheating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or because Tenant vacates jeopardize the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation structural integrity of the Premises by Tenant prior Building or any part thereof; (ii) connect to the Commencement Date shall utility systems of the Building any apparatus, machinery or other equipment other than typical equipment which can be subject accommodated by the then-existing utility systems of the Building; or (iii) connect to all obligations any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of Tenant under this Lease80% of the rated capacity of the circuit.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant general office purposes and purposes incident thereto, and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy issued for the Building of which the Premises are a part, and shall, upon seven (7) business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant may not offer shared tenant services, such as, but not limited to, telecommunications, data processing or word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. Tenant shall comply with any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance direction of any sprinkler creditsgovernmental 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 the use or occupation thereof. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon written demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant 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 injure or annoy them, or use or allow the 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 Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first-class condition, repair, and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Landlord, at Landlord’s option and at Tenant’s expense (payable promptly upon written demand as additional rent), shall be responsible for all structural engineering required to determine structural load. The following uses of the Premises or the Project is caused by shall be prohibited in all events under this Lease without Landlord’s express prior written approval: (i) use of unreasonable (i.e. more than one employee per 200 square feet of space) numbers, substantially disproportionate to general office use, of computers, printers, copiers, facsimile, telex, and/or telecopy machines, and other electronic equipment constituting, in Landlord’s reasonable judgment, a burden on the electrical, HVAC, structural, mechanical, or other Building or Project systems in excess of that usual and customary for Tenant's ’s permitted use and (ii) any access, use; operations, installations, or occupation other activities of Tenant on the roof or exterior walls and other areas of the PremisesBuilding or the Project, including, without limitation, satellite, microwave, telecommunications, data processing, television, short wave, weather, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseother transmitting or receiving or related equipment.

Appears in 1 contract

Samples: Office Lease

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or Net Multi-Tenant Laboratory 1616 Eastlake/Immune Design - Page 8 using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises of Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Immune Design Corp.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not, to Tenant’s knowledge, result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand (together with applicable invoices or bills) for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises, the Premises Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations.

Appears in 1 contract

Samples: Lease Agreement (Nurix Therapeutics, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant products and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of . Outside storage is prohibited at the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all federal, state, local, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. The Premises shall not be used for residential purposes. Tenant shall, at its expense, make any alterations or modifications, within at the Premises or without the PremisesProject, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises as opposed to general warehouse and distribution use. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Tenant will not use In the event that Landlord receives notice, or permit is otherwise informed, that the Premises to be used for any purpose or is not in any manner that would void Tenant's or Landlord's insurance, increase compliance with applicable Legal Requirements existing as of the insurance riskCommencement Date, or cause which come into effect after the disallowance Commencement Date, and such non-compliance is not related to Tenant’s specific use of any sprinkler credits. If any increase in the cost of any insurance on the Premises or Tenant-Made Alterations to the Project is caused Premises performed by Tenant's use , Landlord shall make such modifications as may be required by order or occupation directive of the Premisesapplicable governmental authority, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase otherwise brought to Landlord. Any occupation of ’s knowledge, in order to bring the Premises by Tenant prior into compliance with such applicable Legal Requirements without cost or expense to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Tenant. Any

Appears in 1 contract

Samples: Lease Agreement (TheRealReal, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any federal, state, regional, municipal, local or other governmental authority or agency, including, without limitation, quasi-public agencies (collectively, “Governmental Authority”) having jurisdiction to be a violation of a Legal Requirement unless Tenant is contesting such determination by a Governmental Authority as provided in Section 40(n). Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler creditsor other credits unless Tenant pays any increased cost therefor. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Subject to Tenant’s obligations under Section 28, Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would materially damage the Premises or because Tenant vacates obstruct or use or allow the Premises, then Premises to be used for any unlawful purpose. Tenant shall pay not place any machinery or equipment in the amount Premises that would damage the structure of such increase the Building. Tenant, at its sole expense, as soon as reasonably practical, shall make any alterations or modifications to Landlord. Any occupation the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises by Tenant prior with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Arena Pharmaceuticals Inc)

Use. The Premises shall be used only for the purpose of light manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions and restrictions affecting the Project) now or hereafter applicable to such use of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the PremisesPremises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be subject to all obligations the terms and conditions of this Lease, other than any obligation of Tenant under to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, in the event that Landlord receives notice from the applicable governing authority that the Premises are not in compliance with Legal Requirements existing on the Commencement Date and such non-compliance is not related to Tenant's specific use of the Premises, then Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's specific use of the Premises shall be chargeable to Tenant in accordance with the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale or mail order or web-based retail sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Intervideo Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators which exceeds the structural capacity of the Building. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share of the Building as usually furnished for the Permitted Use. Tenant and Landlord acknowledge that structural reinforcements may be required in connection with Tenant’s server room and fire proof high density storage rooms. All of the costs related to such structural reinforcements shall be borne by Landlord as part of cost of the Building Shell. Following Landlord’s Delivery of the Premises to Tenant, Tenant, at its sole expense, shall make any insurance on alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant's ’s use or occupation occupancy of the Premises. Except as otherwise expressly set forth in this Lease, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Exelixis Inc)

Use. The Premises shall be used and occupied only for the purpose of receivinggeneral office, storingadministration, shipping research and selling (but limited to wholesale sales) productsdevelopment and other legal uses not expressly prohibited herein, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, use or purpose. Landlord shall deliver the Building to Tenant may also use on the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises Delivery Date in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storagecompliance with all Laws, including without limitationlimitation the Americans with Disabilities Act and all Environmental Requirements (as defined in Paragraph 5.2(a)(2), storage below), and Landlord hereby represents and warrants that, as of trucks and other vehiclesthe Lease Date, is prohibited without Landlord's prior Landlord has not received any written consentnotice of noncompliance with respect to the Property. At its sole expense, Landlord shall correct any noncompliance noted by Tenant in writing during the period of one (1) year after the Premises Delivery Date (the “Warranty Period”). After the expiration of the Warranty Period, Tenant, at its sole expense, shall comply with all present and future Laws relating to the condition, use and occupy or occupancy of the Premises (and shall discharge its obligations under Paragraph 7.1 in compliance with all lawsLaws and shall make any repairs, includingalterations or improvements as required to comply with all such Laws), without limitationand shall observe the “Rules and Regulations” (as defined in Paragraph 28). The term “Laws,” as used in this Lease, the Americans With Disabilities Actmeans all statutes, ordersordinances, codes, rules, regulations, requirements, licenses, permits, certificates, judgments, ordinancesdecrees, regulationsorders or directives of any federal, codesstate, directivescounty or local governmental or quasi-governmental authority, permitsagency, licensesdepartment, covenants and restrictions board panel or court now in force or which may hereafter applicable be in force, as same may be amended. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, any insurance policy covering the Property 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 any occupant of property adjacent to the Premises (collectivelyProperty. Without limiting the foregoing, "Legal Requirements"). The the Premises shall not be used as a place for educational activities (other than Tenant’s internal training sessions), practice of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances medicine or any regulations promulgated thereunderof the healing arts, all as may be amended from time to timeproviding social services, for any governmental use (including embassy or consulate use), or for a personnel agency, studios for radio, television or other media, travel agency or reservation center operations or uses for any church or manufacturing use. Tenant shallshall not, at its expense, make any alterations or modifications, within or without the Premisesprior consent of Landlord, (i) bring onto the Property anything that are required by Legal Requirements related to Tenant's use may cause substantial noise, odor or occupation vibration, overload the floors in the Building or any of the PremisesBuilding Systems, or jeopardize the structural integrity of the Building or any part thereof; or (ii) connect to any electrical circuit in the Building any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. The term “Building Systems,” as used in this Lease, means the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing and sewer, electrical, fire protection, life safety, security and other systems in the Building and all components thereof. Notwithstanding anything to the contrary in this Lease, Tenant will shall not use be required to comply with or permit cause the Premises to be used for comply with any purpose Laws or in any manner that would void insurance requirements requiring the construction of alterations unless such compliance is necessitated solely due to Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance ’s particular use of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused any alterations performed by Tenant's use or occupation Tenant after completion of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseImprovements.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant general business office and internet broadcast purposes and uses incidental thereto, and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance permit or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit suffer the Premises to be used for any other purpose without the written consent of Landlord, which consent will not be unreasonably withheld, delayed, or conditioned. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, or any manner that would void master lease underlying the Premises which Tenant has been notified, and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be in violation of law or of said certificate of occupancy or ground lease. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or Landlord's insuranceoccupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate, restrict or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any fire, "All-Risk", extended coverage or other insurance on policy covering the Building and/or property located therein, and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau, or any other organization performing a similar function. Tenant shall, promptly, upon demand, reimburse Landlord for any additional premium charged to Landlord for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph 8, and upon such payment, shall not be in breach of the preceding sentence. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Building, or injure or annoy them, or use or occupation of allow the 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 Premises. Tenant shall not commit or suffer to be committed any waste in, on or because Tenant vacates about the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Loudeye Corp

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesa) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises only for the use set forth in compliance with all laws, including, without limitation, Article 1.G. of the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Basic Lease Provisions and restrictions now shall not use or hereafter applicable to occupy the Premises (collectively, "Legal Requirements"). The Premises shall not or permit the same to be used as a place or occupied for any other purpose without the prior written consent of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderLandlord, all as which Landlord consent may be amended from time 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 timeunreasonably interfere with or infringe upon the rights of any other tenants in the Project. Except for items which are Landlord’s responsibility hereunder, Tenant shall, at its sole cost and expense, make any alterations promptly comply with all covenants, conditions and restrictions, laws, statutes, ordinances and governmental regulations or modificationsrequirements now in force or which may hereafter be in force relating to or affecting (i) the condition, within use or without occupancy of the Premises, that are required by Legal Requirements excluding changes to the Premises or its systems not related to Tenant's ’s particular use or occupation of the PremisesPremises (for other than normal and customary general office operations), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. Notwithstanding the foregoing, Tenant will shall not use be responsible for the cost of complying with any existing covenants, conditions and restrictions, laws, statutes, ordinances or governmental regulations or requirements relating to or affecting any portion of the Project other than the Premises required as a result of such initial tenant improvements installed or constructed in the Premises by or for the benefit of Tenant (e.g., modifications to the Project parking facilities). Except as otherwise provided in Article 14(e) below, Tenant shall not do or permit the Premises to be used for any purpose done anything which would invalidate or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on the Premises or policy covering the Project is caused by Tenant's use or occupation of and/or the Premises, or because Tenant vacates the Premises, then property located therein and Tenant shall pay the amount comply with all rules, orders, regulations and requirements of such increase any organization which sets out standards, requirements or recommendations commonly referred to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasemajor fire insurance underwriters.

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Use. The Demised Premises are hereby leased to the Lessee upon the express condition that the Lessee shall use the said Demised Premises for warehousing and distribution of computer and office supplies, including but not limited to, toner and ink-jet cartridges, fax supplies and diskettes; related office uses ("Lessee's Intended Use"), and any other lawful purpose related to Lessee's business activities, provided same is in accordance with the zoning ordinance of the Town of Bethlehem and other applicable federal, state and local laws. Lessor represents that Lessee's Intended Use of the Demised Premises (including any expansion of the Demised Premises as provided under Paragraph 5 of this Lease) is permitted under Chapter 128of the Town of Bethlehem Ordinance, entitled "Zoning" as of the date of the execution and delivery of this Lease. All uses to which the Demised Premises shall be used only for put by the purpose of receiving, storing, shipping and selling (but limited Lessee shall conform to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice requirements of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all local laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules or regulations adopted or enacted by the municipality having jurisdiction over the Demised Premises and restrictions now shall also conform to any special use permit or hereafter applicable certificate of occupancy or other permit of any kind issued or required to be issued by any governmental authority having such jurisdiction over the Demised Premises (collectively, "Legal Requirements"). The Premises and shall not be used put to any such use by the Lessee until all governmental rules and regulations relative to or affecting such use have been complied with and all governmental permits required as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time condition precedent to timesuch use shall have been obtained. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will The Lessee shall not use or permit the use of such Demised Premises or part thereof for any immoral or any other purpose prohibited by law or which will increase the rate of insurance upon the Demised Premises or cause a cancellation of any insurance policy covering the Demised Premises or any part thereof. The Lessee shall not do or suffer anything to be done upon said Demised Premises which will cause structural injury to said Demised Premises of which the same form a part, nor shall it cause said Demised Premises to be overloaded, nor shall it permit any machinery, apparatus or other appliance to be used for any purpose or operated upon said Demised Premises which will in any manner that would void Tenantway vibrate, shake or otherwise injure said Demised Premises, nor shall the Lessee permit any noisemaking device to be operated or allowed upon said Demised Premises for the purpose of attracting trade or otherwise. The Lessee shall not permit any use to be made of the Demised Premises which will in any way impair the efficient operation of the sprinkler within the Demised Premises. In addition to the Lessee's liability for Additional Rent in respect of insurance premium rate increases as provided in Paragraph 7 hereof, if any act on the part of the Lessee or Landlorduse of the Demised Premises by the Lessee shall cause directly or indirectly any increase of the Lessor's insuranceinsurance expense, increase such additional expense shall be paid by the insurance risk, or cause Lessee to the disallowance Lessor upon demand as Additional Rent. No such payment by the Lessee shall limit the Lessor in the exercise of any sprinkler credits. If any increase in the cost of any insurance on the Premises other rights or the Project is caused by Tenant's use remedies or occupation constitute a waiver of the Premises, Lessor's right to require the Lessee to discontinue such act or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseuse.

Appears in 1 contract

Samples: Lease Agreement (Daisytek International Corporation /De/)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase Landlord hereby acknowledges that the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s sole cost and expense (but subject to the terms of the Work Letter regarding Excess TI Costs) and not as an Operating Expense, for the compliance of the Premises and the Common Areas of the Project with applicable Legal Requirements (including the ADA) as of the Commencement Date, but regardless of when such lack of compliance is discovered. Subject to the terms of the immediately preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises or Tenant’s Alterations. In no event shall Tenant’s Alterations include the Tenant Improvements (as defined in the Work Letter) constructed pursuant to the Work Letter. Notwithstanding any other provision herein to the contrary (other than the first sentence of this paragraph), Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, or because and Tenant vacates the Premisesagrees to reasonably cooperate with Landlord, then Tenant shall pay the amount of and to provide such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant the manufacturer of semiconductor products, wafer fabrication, assembly and testing, and general office purposes and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Complex of which the Premises are a part and shall, upon five (5) days’ written notice from Landlord, discontinue any manner that would void use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said 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 ’s use or Landlord's insurance, increase occupancy of the insurance riskPremises impose any duty upon Tenant or Landlord with respect to the Premises, or cause with respect to the disallowance use of any sprinkler creditsoccupation thereof. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any lire, extended coverage or any other insurance on policy covering the Complex and/or property located therein. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Complex, or injure or annoy them, or use or occupation of allow the 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 Premises, . Tenant shall not commit or because Tenant vacates suffer to be committed any waste in or upon the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease (Advanced Power Technology Inc)

Use. The Premises shall may be used and occupied only for the purpose of receivinggeneral business office, storingsales, shipping administrative, software engineering, and selling (but limited to wholesale sales) products, materials software research and merchandise made and/or distributed by Tenant development purposes and for such no other lawful purposes as may be incidental thereto; provided, however, with use or purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises by Tenant, Landlord may withhold consent if the proposed use is either not compatible with the use as an office building or violates another provision of this Lease. Tenant may also shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - RULES AND REGULATIONS), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for light manufacturinguse as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the provisions of Section 3.2(a)(1)(G) above). Tenant shall not conduct do, bring, keep or give sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, or an increase in the existing premium (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any auction, liquidation, insurance policy covering the Project or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesany part thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be occupied or used for any purpose or in any manner that would void Tenant's will constitute waste or a nuisance. Tenant shall not, without the prior consent of Landlord's insurance, increase bring into the insurance riskBuilding or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Building or any of the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("BUILDING SYSTEMS"), or cause jeopardize the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation structural integrity of the Premises, Building or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany part thereof.

Appears in 1 contract

Samples: Lease Agreement (3do Co)

Use. The Leased Premises shall be used only are leased to Tenant solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use set forth in Article 1.9 above and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose whatsoever. Tenant shall not conduct use or give notice occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any casualty or other insurance on the Building or the Property, or any of their respective contents, or make void or voidable or cause a cancellation of any auction, liquidationinsurance policy covering the Building or the Property, or going out any part thereof or any of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisestheir respective contents. Tenant shall not do or permit any objectionable anything to be done in or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from about the Leased Premises, the Building and/or the Property which will in any way obstruct or take any interfere with the rights of other action that would constitute a nuisance tenants or would disturb, unreasonably interfere with, or endanger Landlord or any tenants occupants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy Building or the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now Property or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act injure or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeannoy them. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit allow the Leased Premises to be used for any purpose 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 Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any manner that would void Tenant's or Landlord's insurance, increase the insurance riskway conflict with any matters of record, or cause 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 disallowance requirements of any sprinkler credits. If any increase in Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the cost condition, use or occupancy of any insurance on the Premises Property, excluding structural changes not relating to or the Project is caused affected by Tenant's use improvements or occupation 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 place a load upon any floor of the PremisesLeased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or because Tenant vacates other mechanical equipment in the Premises, then Tenant shall pay Leased Premises which cause noise or vibration that may be transmitted to the amount of such increase to Landlord. Any occupation structure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Building. EXHIBIT 10.1 - continued

Appears in 1 contract

Samples: Acoma Business Center Industrial Lease (Studio One Media, Inc.)

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