Common use of Use Clause in Contracts

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 5 contracts

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

Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Permitted Use, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in by Tenant’s Occupants which may (a) increase the existing rate or about violate the Premises which will in provisions of any way insurance carried with respect to the Property, (b) create a public or private nuisance, commit waste or interfere with the rights with, annoy or quiet enjoyment of disturb any other occupants tenant or occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an improper, immoral or allow the Premises to be used for any unlawful objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, (h) lower the first-class character of the Building, or (i) result in or facilitate the Project and/or their contentsoperation of any internet web site, and shall comply “dial-up” computer service, or telephone service providing or providing access to gaming or gambling content, product or services, dating or escort services, sexually themed content, products, services, pharmaceutical products or services, or illicit drug themed content, product or services or paraphernalia commonly used in connection with all applicable insurance underwriters rulesillicit drugs or substances. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful, safe and proper manner, (w) comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements of all governmental authorities that pertain and any covenants, conditions and restrictions existing with respect to Tenant the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or its use of the Premisescontaminants and those relating to access by disabled persons, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulationx) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each any board of fire underwriters or other similar body relating to the “Indemnified Parties” Premises, (as defined in Section 10.3y) in keep the manner elsewhere provided in this Lease from Premises free of objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any release of hazardous substances, hazardous wastes, pollutants or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive contaminants on the expiration or earlier termination of this LeaseProperty.

Appears in 4 contracts

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

Use. 4.1 The Premises hereby leased shall be used by Tenant shall use the Premises only for the purposes stated set forth in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Section 1.1(L) above and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurposes. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectshall, or use or allow the Premises to be used for any unlawful purposeat Tenant’s expense, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall promptly comply with all applicable insurance underwriters statutes, ordinances, rules. Tenant shall comply at its expense with all present and future laws, ordinances regulations, orders and requirements in effect during the Term or any part of all governmental authorities that pertain to the Term hereof regulating the use by Tenant or its use of the Premises, including without limitation all federal limitation, the Declaration (as defined below). Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or will tend to unreasonably disturb other tenants in the Building, and state occupational health shall keep its mechanical apparatus free of noise and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment vibration which may be transmitted beyond the confines of the Premises. Tenant shall not generatestore, handle, store or transport, remove and dispose of hazardous all medical and biomedical waste matter at or toxic materials (as such materials may be identified from the Premises in compliance with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any part of the Term hereof. 4.2 Tenant covenants throughout the Lease Term, at Tenant’s sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules and regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards, and officers thereof, and of any applicable insurance rating agency, or local law any other body now or regulation) in hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, and whether or not the Premises same require structural repairs or Project without alterations, which may be applicable to the prior written consent Premises, or the use or manner of Landlorduse of the Premises; provided provided, however, that the foregoing Tenant shall not be deemed to proscribe responsible for structural repairs or alterations unless the use requirement for such structural repairs and alterations is caused by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding particular use or occupancy (as distinguished from the presence general type of hazardous use or toxic materials in occupancy permitted by the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantapplicable zoning ordinance). Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries likewise observe and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each policies of public liability, fire and all other policies of insurance at any time in force with respect to the “Indemnified Parties” (as defined in Section 10.3) in buildings and improvements on the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive Premises and the expiration or earlier termination of this Leaseequipment thereof.

Appears in 4 contracts

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

Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to zoning ordinances, Laws, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease Provisions. The parties agree that Board of Fire Insurance Underwriters and any contrary use shall be deemed similar bodies having or asserting jurisdiction, thereof now in effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and other encumbrances, if any, to cause material which the Leased Premises are subject at the time of execution and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for delivery hereof. (ib) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Leased Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingpart thereof, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord would in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost way violate any of the assessment/testing shall Laws or any certificate of occupancy affecting the Leased Premises or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be reimbursed furnished hereunder by Tenant Tenant, or that will cause or be likely to Landlord if such assessment/testing determines that Tenant failed cause structural injury to comply with the requirements of this Section. In all events Tenant shall indemnify each any of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided Improvements or that will constitute a public or private nuisance or waste. Nothing contained in this Lease from and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any release right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive Landlord in the expiration or earlier termination of this LeaseLeased Premises.

Appears in 3 contracts

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

Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material used for general office and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to storage purposes only. Tenant will not use or occupy any other available remedy. The uses prohibited under this Lease shall include, without limitation, use part of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of having jurisdiction over the Premises. Tenant shall conduct its business and control its employees, agents, customers, subtenants and invitees in a manner which does not generatecreate any nuisance (including but not limited to noise, handledust, store vibrations or dispose odors), or interfere with, annoy or disturb any other owner or tenant of hazardous the Project or toxic materials (as such materials may Lessor in its operation of the Project. Tenant will not conduct or permit to be identified conducted any activity, or place any equipment in or about the Premises, which will in any federalway increase the rate of fire insurance or other insurance on the Project; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, state such statement shall be conclusive evidence that such increase in such rate is due to such activity or local law equipment and, as a result thereof, Tenant shall reimburse Lessor for such increase as additional rent hereunder and, further, shall discontinue or regulation) cause the discontinuance of such conduct or shall remove such equipment upon Lessor’s demand made any time thereafter. There shall be no sale of food or beverages in the Premises for consumption on or Project off the Premises by any means without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsLessor. Tenant agrees that it shall promptly complete and deliver to Landlord may not install any disclosure form regarding hazardous food or toxic materials that beverage vending machines within the Premises other than those which may be required installed by any governmental agencyLessor. Tenant shall alsonot permit intoxicating liquors to be kept or sold in the Premises except for business receptions, subject to compliance with applicable laws and Lessor’s reasonable rules. Notwithstanding any other provision of this Lease to the contrary, Tenant covenants and agrees to use commercially reasonable efforts to refrain from time doing any act or thing which would cause measurable interference with any telecommunications operations of any current or future tenant of the Project located on the roof of the Building. Such tenants occupying the roof of the Building shall be deemed third-party beneficiaries of the foregoing covenant and agreement by Tenant. For purposes of this Provision, measurable interference shall be defined to time upon request include an increase in noise floor, harmonic distortion or cross-talk. Tenant specifically acknowledges that the Building is a wood frame structure with wooden floors and agrees that such structure and floors will require enhanced precautions by LandlordTenant to prevent interference, execute such affidavits concerning Tenant’s best knowledge annoyance or disturbance of other owners or tenants in the Project. Tenant specifically agrees to take all reasonable precautions to contain any and belief regarding the presence of hazardous or toxic all dust, water and other materials in within the Premises. Landlord Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right at to limit the weight and prescribe the position of any time safes, concentrated filing systems and other heavy equipment placed in or on the Premises by Tenant. Any and all damage or injury to perform an assessment the Premises or the Project caused by moving the property of Tenant in or out of the environmental condition Premises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and expense. Tenant will notify the Property Manager prior to moving furniture, equipment or other fixtures and furnishings into or out of the Premises and of Tenant’s compliance shall comply with this Sectionsuch reasonable restrictions as the Property Manager may reasonably impose. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing No deliveries or pickups shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) left unattended at any loading dock in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 3 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Use. Tenant shall use and occupy the Premises only and solely for the Permitted Use and for no other purposes stated in Item 3 of the Basic Lease Provisionswhatsoever. The parties agree that any contrary use Tenant shall be deemed to cause material solely liable and irreparable harm to Landlord responsible for obtaining or maintaining any and shall entitle Landlord to injunctive relief in addition to all approvals, authorizations, licenses, variances, or permits from any other available remedy. The uses prohibited under this Lease shall includeprivate party or any governmental or quasi-governmental agencies (collectively, "Permits") required for the Permitted Use, including without limitation, use of those required by the Premises or a portion thereof for Environmental Protection Agency (i"EPA") offices of any agency or bureau of the United States or any state board or political subdivision thereof; agency having authority or jurisdiction over compliance with environmental laws, regulations, or procedures (iicollectively, "State Agency"). Landlord shall have no duty or obligation (except as required by law) offices to assist or agencies of otherwise work with Tenant in obtaining or maintaining any foreign governmental such Permits, and Landlord shall have no liability or political subdivision thereof; (iii) offices of obligation whatsoever in the event Tenant is unable to obtain any health care professionals such Permits for whatever reason. Tenant's ability to obtain or service organization; (iv) schools, temporary employment agencies maintain any such Permits is not a condition to this Lease or other training facilities which are Tenant's liabilities and obligations hereunder. Tenant's failure to obtain or maintain any such Permits shall not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsaffect this Lease in any manner whatsoever. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful, disreputable, or extra-hazardous purpose or in any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectmanner. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(a) covering the Building, the Project and/or their contents, and shall comply with all Federal, state and local governmental laws, ordinances, orders, rules and regulations applicable insurance underwriters rules. Tenant shall comply at its expense to Tenant's use and occupancy of the Premises including, without limitation, compliance with all present and future laws, ordinances ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant the EPA or its use of the Premisesany State Agency and (b) not dump, including without limitation all federal and state occupational health and safety and handicap access requirementsdischarge, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handlerelease, store store, manufacture, or dispose of hazardous any hazardous, toxic or nuclear waste or other substances ("Other Hazardous Substances") considered hazardous, toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required nuclear by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials quasi-governmental agency in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part violation of any such assessmentlaws, Landlord orders, rules and regulations; and Tenant shall have the right, upon reasonable prior give prompt written notice to Tenant, Landlord of any notification to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseclaimed violation thereof.

Appears in 3 contracts

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

Use. (a) Tenant shall use and occupy the Premises for manufacturing, warehousing, offices and other uses incidental thereto and for no other purpose without Landlord's consent, which shall not be unreasonably withheld, delayed or conditioned and shall be deemed to be given if Landlord has not responded within ten (10) days of Tenant's request for such consent. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material a careful, safe and irreparable harm to Landlord proper manner and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, not use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in purpose prohibited by the certificate of occupancy issued for the Premises or the Projectlaws of the United States or the State of Colorado, or the ordinances of the County of Boulder. Neither Tenant nor Landlord shall not do or permit to be done anything any act or thing upon the Premises which will invalidate shall or increase might subject the cost other to any liability or responsibility for injury to any person or persons or to property by reason of any insurance policy(iesbusiness or operation carried on upon the Premises or for any reason. (b) covering In the Buildingevent that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the Project and/or their contentsPremises are used for a purpose which is a violation of any permit, and certificate of occupancy, statute, ordinance or other requirement of law applicable to the Premises, Tenant shall, upon ten (10) days' written notice from Landlord, immediately discontinue such use of the Premises. (c) Tenant, at its sole expense, shall comply with all applicable insurance underwriters ruleslaws, orders and regulations of federal, state, county and municipal authorities, and with any direction of any public officer or officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Notwithstanding the foregoing, Tenant shall not be obligated to comply at its expense with all present and future any such laws, ordinances and requirements of all governmental authorities that pertain orders, or regulations, including but not limited to Tenant the Americans With Disabilities Act, which (a) relate to the design or its use construction of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment (b) relate to the structural portions of the Premises. , or (c) may require structural alterations, structural changes, structural repairs or structural additions, all of which shall be the obligation of Landlord at its sole cost and expense; provided, however, if such laws, orders or regulations relate to the specific type or nature of the business being conducted or to be conducted by Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in upon the Premises or Project without to the prior written consent specific accommodations made or to be made for certain of Tenant's employees as opposed to being related to industrial or office buildings, generally, Tenant shall nevertheless be required to comply with them. Without limiting the generality of the foregoing, but subject to the proviso in the preceding sentence, Landlord; provided that , at it sole cost and expense, shall be responsible for complying with the foregoing shall not be deemed to proscribe applicable provisions of the use by Tenant of customary office supplies in normal quantities so long Americans With Disabilities Act and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that same may be required by any governmental agency. Tenant shall alsoamended (collectively, from time the "ADA"), relating to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge (i) the design and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition construction of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect work within the Premises to be performed by Landlord pursuant to this Lease, and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost (ii) the structural portions of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” Premises (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantcollectively, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease"Landlord's Work").

Appears in 3 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. , all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities, The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or the Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Site, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Site, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), Tenant shall indemnify only be responsible for the amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for capital improvement is required due to Tenant’s particular use of the “Indemnified Parties” Premises, (as defined in Section 10.3) in which case Tenants shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseeach capital investment).

Appears in 3 contracts

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

Use. The Tenant Equipment Areas shall use the Premises only be used solely for the purposes stated in Item 3 --- installation, operation and maintenance of the Basic Lease ProvisionsTenant Equipment and for no other purpose whatsoever. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, Any use of the Premises Tenant Equipment Areas for any other purpose or a portion thereof for (i) offices of any agency attempt by Tenant to allow the use or bureau occupation of the United States or any state or political subdivision thereofTenant Equipment Areas by anyone other than Tenant shall, unless otherwise agreed to by Landlord in writing shall be a default; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment immediately terminate this License unless such default is not cured within five (5) Working Days after notice thereof. Tenant shall not use or permit the use of the environmental condition Tenant Equipment Areas for any purpose which is illegal, dangerous to life, limb or property, or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCB's) or other environmentally hazardous materials will either be used or stored in or around the Tenant Equipment Areas except as otherwise specifically provided in this Paragraph; and no such materials will be used in any of the Premises Tenant Equipment installed by Tenant in the Tenant Equipment Areas. Notwithstanding the foregoing, Tenant may use and of Tenant’s store fossil fuels for its Generators and batteries for its emergency electrical backup systems in its Premises, so long as Tenant does so in compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantall applicable Legal Requirements. Tenant will cooperate not permit unauthorized persons or persons with insufficient expertise or experience to enter Service Areas to maintain or operate the Tenant Equipment. Tenant understands that the mechanical rooms within these Service Areas must be kept locked and secure at all times must not be available or open to the public. Landlord in connection with any assessment bymay, among at Landlord's discretion, authorize other things, promptly responding to inquiries licensees and providing relevant documentation and records. The reasonable cost tenants of the assessment/testing shall Building to use portions of the designated Pathways or Service Areas, or to use portions of other Pathway or Service Areas in the Building, whether for the installation of telecommunications equipment or otherwise, so long as such uses would not require Tenant to remove its previously installed Cable from the designated Pathways or Telecommunications Equipment from the designated Service Area. Tenant acknowledges that interruptions in utility services are not uncommon in facilities such as the Building and that any sensitive electronic equipment which may be reimbursed used in the Building should be protected by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with from utility service interruptions by the requirements use of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantbackup power supplies, its agentssurge protectors, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseand other appropriate safety systems.

Appears in 3 contracts

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

Use. The Premises shall be used only for general office purposes, engineering to include (a) visual inspection – requires microscope and special light as well as computer and digital camera; (b) mechanical inspection – requires force-displacement station and video camera; (c) micro processing including polishing, sharpening; (d) assembly of devices and tools; (e) electrical testing – requires oscilloscopes and amplifiers; (f) light manufacturing; (g) research and development; and for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In the event, Tenant’s uses should require any permits, variances, or other requirements as in order to occupy and use the Premises, Tenant shall use the Premises only be responsible for the purposes stated in Item 3 of the Basic Lease Provisionssecuring them at its sole cost and expense. 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. The uses prohibited under this Lease shall includeOutside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own cost and expense, obtain any and all other 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 Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or a portion thereof for (i) offices of any agency upon, or bureau of connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsPremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsall at Tenant’s sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or quiet enjoyment of other occupants of the Building otherwise handle any product, material or the Project, merchandise which is explosive or use or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including without limitation, nor shall Tenant permit any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises for the generation, storage, transportation or Project without the prior written consent disposal of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding dangerous, toxic or hazardous materials, chemicals, wastes or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasesimilar substances.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises in a careful, safe, and proper manner. TENANT will, at TENANT’s sole expense, only use and cause or permit the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any and all applicable municipal, county, state and federal laws, rules, directives, ordinances and regulations, permits, the purposes stated requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of LANDLORD’s engineers and/or consultants, relating in Item 3 any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and any covenants, conditions or restrictions of record, including without limitation all zoning, building and other codes, and the Americans with Disabilities Act, as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Basic Lease ProvisionsLeased Premises. TENANT will not commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. The 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. The uses prohibited under this Lease term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Premises comfortable enjoyment of life or a portion thereof for property. Within ten (10) days after receipt, TENANT shall deliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) offices any notices alleging violations respecting the project and/or the Leased Premises of any agency or bureau of the United States or any state or political subdivision thereofApplicable Requirements; (ii) offices any notices of claims made or agencies threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any foreign governmental or political subdivision thereofApplicable Requirements; and (iii) offices any notices of any health care professionals governmental or service organization; (iv) schools, temporary employment agencies regulatory actions or other training facilities which are not ancillary investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to corporate, executive all or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants portion of the Building or Leased Premises and/or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseproject.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s reasonable inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all existing covenants, handleconditions, store easements or dispose restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall alsoalso comply at its expense with any future amendments or modifications to such existing covenants, from time to time upon request by Landlordconditions, execute such affidavits concerning 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 best knowledge and belief regarding the presence use or enjoyment of hazardous or toxic materials in the Premises. Tenant shall promptly upon demand reimburse Landlord shall have the right at for any time to perform an assessment of the environmental condition of the Premises and additional insurance premium charged by reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events 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 indemnify only be responsible for the amortized cost of such “capital” improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for “capital” improvements is required due to Tenant’s particular use of the Premises (in which case Tenants shall be fully responsible for the entire cost and installation of each Indemnified Partiescapital(as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvestment).

Appears in 2 contracts

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

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only solely for general office, laboratory, research and development, manufacturing, all other life science uses and all other legally-permitted uses associated with Tenant’s business to the extent consistent with the current zoning for the purposes stated in Item 3 Premises, all applicable laws and the first-class nature of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Project as a first-class biotechnology project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without Landlord’s consent. Tenant shall not use, nor shall Tenant or suffer or permit any nuisance person or commit any waste in persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of Exhibit D, attached hereto, or in violation of the laws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall comply with the Rules and Regulations and all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Project, including but not do limited to, that certain Declaration of Covenants, Conditions and Restrictions (as amended, modified or permit supplemented from time to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingtime, the Project and/or their contents“Declaration”), dated June 6, 1984, by California Casualty Management Company, a California corporation, which was recorded as document #84061165 in the official records of San Mateo County, California, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present the Parcel 1 and future lawsParcel 2 Owners; as amended by that certain Amendment to Declaration of Covenants, ordinances Conditions and requirements of all governmental authorities that pertain to Tenant or its use of Restrictions dated and recorded on January 16, 2020 as Instrument 2020-004242 (collectively, the Premisesexisting “CC&Rs”), including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of as the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials same may be identified in any federalamended, state amended and restated, supplemented or local law or regulation) in the Premises or Project without the prior written consent of Landlordotherwise modified from time to time; provided that the foregoing shall any such amendments, restatements, supplements or modifications do not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning materially modify Tenant’s best knowledge and belief regarding the presence of hazardous rights or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseobligations hereunder.

Appears in 2 contracts

Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Use. (a) The Premises shall be used for general business and professional office purposes only and for no other purpose without the prior written consent of Landlord, which consent may be granted or denied in Landlord's absolute discretion. Tenant shall use not do or permit to be done in or about the Premises only for the purposes stated Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises enacted or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspromulgated. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights or quiet enjoyment of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit waste in, on or about the Premises. (b) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any waste in Hazardous Materials (as defined below), in, on, or about the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Building by Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants licensees, subtenants, customers, guests or licenseesinvitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). The foregoing covenants Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Section shall survive the expiration or earlier other termination of this Lease. For purposes of this Section "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos and asbestos containing materials ("ACMs"), PCBs, CFCs, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other federal, state or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all federal, state, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials.

Appears in 2 contracts

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

Use. (a) Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws. statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises (excluding structural changes to the Project not related to Tenant’s particular use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; Premises), and/or (ii) offices improvements installed or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Project. benefit of Tenant, Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable reasonable rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters underwriters, and Tenant shall promptly upon demand and evidence of such increase from Landlord reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this Article. (b) Tenant, at its sole cost and expense, covenants to conduct its business operations from the Premises strictly in accordance with all city, county, state and federal laws, rules. Tenant shall comply at its expense with all present and future lawsregulations, ordinances and requirements of generally accepted health care industry standards and practices, to the extent same presently exist or may exist in the future (collectively, “Applicable Law”), including but not limited to (i) compliance with any and all governmental authorities Occupational Safety and Health Administration guidelines; rules and standards, and (ii) ensuring that pertain to all waste products, including without limitation, any medical waste, if any, generated by Tenant or its present within the Premises or the Project as a result of Tenant’s use of the Premises, are appropriately used, stored, handled, transported and/or disposed of in strict accordance with all Applicable Laws. (c) Tenant hereby agrees, at its sole cost and expense, to comply with any and all procedures, practices, rules, standards, guidelines and/or special precautions which are required by any applicable city, county, state and federal law, regulation, ordinance and/or health care standard and practice, as a result of the particular use of the Premises by Tenant. (d) Tenant agrees not to engage in the practice of abortion services from the Premises. If any of the services provided from the Premises results in protests or demonstrations at the Project, Tenant shall discontinue such services upon notice from Landlord_ Tenant agrees not to dispense any drugs for remuneration (including without limitation all federal and state occupational health and safety and handicap access requirements, whether any medicinal marijuana or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premisessimilar substances). Tenant shall not generate, handle, store allow any client or dispose of hazardous patient to reside in or toxic materials (as such materials may be identified in any federal, state or local law or regulation) remain in the Premises on an overnight or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasein-patient basis.

Appears in 2 contracts

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

Use. (a) The Premises are to be used and occupied by Tenant (and its assignees and subtenants permitted hereunder) solely for general office use and for no other purpose. However, such permitted use shall include software development, sales, implementation, support and related services for the banking industry. Without limiting the foregoing, the Premises shall not be used for any purpose which would tend to lower the Class A character of the Building, or create excessive elevator loads and/or usage, or increase wear and tear on the Building’s mechanical, electrical and plumbing systems, or increase the Building’s maintenance and/or janitorial services or otherwise interfere with standard Building operations. Tenant shall use not be allowed to (i) have more than five and three tenths (5 3/10) persons per one thousand (1,000) square feet of Rentable Area occupy the Premises only for (excluding open houses, work-shops or other temporary events or functions which temporarily increase the purposes stated number of persons in Item 3 the Premises), (ii) operate separate shifts of employees from the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Premises (provided, Tenant may access and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, allow its employees use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; after normal business hours), (iii) offices use the space for the purpose of any health care professionals or providing telemarketing services (provided that the foregoing restriction shall not prohibit Tenant from conducting phone-based customer service organization; and sales activities from the Premises), (iv) schools, temporary employment agencies use the space as a consular office for any foreign government or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use the space as an office for any governmental or restaurant uses; regulatory authority, agency or bureau (vib) communications firms such as radio and/or television stations. Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose which violates any exclusive given to other tenants in the Project or which is unlawful, disreputable or deemed to be hazardous on account of fire or other hazards, or permit anything to be done in or about the Premises which will would in any way interfere with increase the rights rate of fire or quiet enjoyment liability or any other insurance coverage on the Building and/or its contents, or which would produce strong, unusual or offensive odors, fumes, dust or vapors, or that is a public or private nuisance, or that emits noise or sounds that are objectionable to a person of reasonable judgment due to intermittence, beat, frequency, shrillness or loudness. Landlord acknowledges Tenant’s proposed use does not violate any exclusive given to another tenant or, to Landlord’s knowledge, which would increase the rate of fire, liability, or other occupants of coverage on the Building or the Project, or use or allow its contents. Tenant shall not permit any cooking within the Premises to except the use of a microwave oven. Tenant agrees that no food, soft drink or other vending machine may be used for any unlawful purposeinstalled within the Premises without the written consent of Landlord, nor which shall not be unreasonably withheld or delayed. The Building is a “non-smoking” Building. Tenant permit any nuisance or commit any waste agrees that no smoking is allowed in the Premises or in the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost Public Areas of any insurance policy(ies) covering the Building. “Public Areas” shall include but are not limited to: the Parking Facilities, the Project and/or their contentsbuilding lobbies, elevators, elevator lobbies, corridors, restrooms, mailrooms, public break rooms, stairwells, sidewalks, exterior entrances, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials pedestrian tunnels (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premisesif any). Landlord shall have has designated the right at any time to perform Lakeside Break Area as an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasearea where smoking is permitted.

Appears in 2 contracts

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

Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary purpose other than general office 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. The uses prohibited under this Lease shall (which may include, without limitationsubject to compliance with applicable laws and governmental requirements, use of the Premises for non- destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials (other than "Standard Office Hazardous Materials" as hereinafter defined), and all in a manner consistent with operation within a first-class general office use building, so as not to exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or a portion thereof for (i) offices interfere with the use or occupancy of any agency or bureau other occupant of the United States Building). Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any state of its contents, or political subdivision thereof; (ii) offices or agencies cause cancellation of any foreign governmental insurance policy covering the Building or political subdivision the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof; (iii) offices . Lessee and Lessee's Agents shall not use, store, or dispose of any health care professionals "Hazardous Materials" (defined below) on any portion of the Project, except, however, that nothing contained in this Lease shall be deemed to prohibit Lessee's use of customary general office supplies typically used in an office area in the ordinary course of business. such as copier toner, liquid paper, glue and ink, for use in the manner for which they were designed, in such amounts and in a manner as is normal for first-class general office use but containing substances technically constituting Hazardous Materials under this Lease (collectively, "Standard Office Hazardous Materials"). Without limiting the generality of the foregoing, Lessee shall not (either with or service organization; (ivwithout negligence) schoolscause or permit the escape, temporary employment agencies disposal or release of any Hazardous Materials in, on or below the Premises or Any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not them has been any release or other training facilities use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee's best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor's employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings. orders, judgment, losses, costs, damages, liabilities. penalties, or expenses (including, without limitation, attorneys' fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, "Hazardous Materials" means any chemical, substance or material which are not ancillary has been determined or is hereafter determined by any federal, state, or local governmental authority to corporatebe capable of posing risk of injury to health or safety, executive including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing. the definition of "Hazardous Materials" shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. (S)(S) 9601 et seq., the -- --- Resource Conservation and Recovery Act of 1976, 42 U.S.C. (S)(S) 6901 et seq., -- --- the Hazardous Materials Transportation Authorization Act, 49 U.S.C. (S)(S) 5101 et seq., the National Environmental Policy Act, 42 U.S.C. (S)(S) 4321 et seq., -- --- -- --- the Clean Water Act, 33 U.S.C. (S)(S) 1251 et seq., the Clean Air Act, 42 U.S.C. -- --- (S)(S) 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. (S)(S) 2601 et -- --- -- seq., the Safe Drinking Water Act, 42 U.S.C. (S)(S) 300f et seq., the --- -- --- Occupational Safety and Health Act, 29 U.S.C. (S)(S) 651 et seq., Division 20 of -- --- the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspolicies promulgated thereunder. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Project or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Promises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any Hazardous Materials actually known by Lessor (without duty of investigation or imputation of knowledge) to exist in or about the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost other portions of any insurance policy(ies) covering the Building, the Project at levels in violation of applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the operation of Lessee's business from the Premises (including, without limitation, access to and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises and parking areas serving the Project). If requested by I as within thirty (30) days following the execution of this Lease, including without limitation all federal and state occupational health and safety and handicap access requirementsLessor shall promptly provide to Lessee copies of any Hazardous Materials reports or other environmental reports respecting the Project then existing in Lessor's possession, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the Premises. Tenant contrary contained herein, Lessee shall not generatebe responsible (either directly or as an item of Building Service Expenses or as an item of Project Expenses) for costs related to the testing, handle, store remediation and/or presence of Hazardous Materials on or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in about the Premises or Project without except to the prior written consent extent caused to be present thereon or thereabout by Lessee, any subtenant of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant Lessee and/or any of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsotheir respective employees, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employeesrepresentatives, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecontractors and/or invitees.

Appears in 2 contracts

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

Use. Tenant covenants that the Premises will not be used so as to interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to interfere with the quiet enjoyment of the other tenants of their respective demised portions of-the Building. Landlord shall be the sole judge on the question of noise, noxious frames and odors, Tenant shall provide and maintain, at its expense, the handheld fire extinguishers that are required to be maintained in Premises by the governmental agency having jurisdiction over this matter. Neither this lease nor any use by Tenant shall give Tenant any right or easement to the use of any door or passage or concourse connecting with any other building or to any public conveniences, and the use of such doors and passages and concourse and of such conveniences may be regulated and/or discontinued at any time and from time to time by Landlord without notice to Tenant. Tenant shall, at its own expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any governmental statute, regulation, ordinance or agency and all governmental requirements relating to the use or uses of the Premises only by the Tenant shall be complied with by Tenant at its own expense. Landlord shall obtain a Certificate of Occupancy for the purposes stated in Item 3 Premises following completion of the Basic Lease ProvisionsLandlord’s Work. The parties agree that Tenant shall not be permitted to store 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. The uses prohibited under this Lease shall includeitems, including, without limitation, inventory, furniture and equipment, outside of the Premises or the Building. The use of the Premises for the purposes specified in this Article shall not in any event be deemed to include, and Tenant shall not use, or a portion permit the use of, the Premises or any part thereof for for: (ia) offices sale of, or traffic in, any spirituous liquors, wines, ale or beer kept in the Premises; (b) sale at retail of any agency other products or bureau materials kept in the Premises, by vending machines or otherwise, or demonstrations to the public; (c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing or printing equipment, electronic data processing equipment and other business machines for Tenant’s own requirements at the Premises, provided only that such use shall not exceed that portion of the United States mechanical or any state or political subdivision thereofelectrical capabilities of the Building equipment allocable to the Premises; (iid) offices the rendition of medical, any or agencies other diagnostic or therapeutic services; (e) the conduct of a public auction of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useskind; or (vif) communications firms such as radio and/or television stations. Tenant shall not do a restaurant, bar, or permit anything to be done in the sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or about similar items, or the Premises which will preparation, dispensing or consumption of food and beverages in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasewhatsoever.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofintentionally omitted; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationintentionally omitted; (iv) schools, temporary employment agencies special classrooms or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not permit more than nine (9) persons on each balcony of the Premises at any time. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawslaws (“Allowed Materials”). Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable 24 hours prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with generated, handled, stored or disposed of Hazardous Materials in the requirements of this SectionPremises or the Project, except for the Allowed Materials. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. As of the date hereof, Landlord represents, to the best of its knowledge, the Premises is free of any hazardous materials. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

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

Use. (a) The Premises shall be used solely for general office purposes and for no other use or purpose without the prior written consent of Landlord. (b) Tenant shall use the Premises only for the purposes stated not do or suffer or permit anything to be done in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of or about the Premises or a portion thereof for (i) offices the Real Property, nor bring or keep anything therein, which would in any way subject Landlord, Landlord's agents or the holder of any agency Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or bureau affect any fire, casualty, liability, rent or other insurance relating to the Real Property or any of the United States contents of the Building, or cause a cancellation of, or give rise to any state defense by the insurer to any claim under, or political subdivision thereof; (ii) offices conflict with, any policies for such insurance. If any act or agencies omission of Tenant results in any foreign governmental such increase in premium rates, Tenant shall pay to Landlord upon demand the amount of such increase. In the event of subtenants, Tenant shall not obstruct their use of their demised premises, Tenant shall not use or political subdivision thereof; (iii) offices of suffer or permit the Premises to be used for any health care professionals immoral, unlawful or service organization; (iv) schoolsobjectionable purpose, temporary employment agencies nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises. No loudspeakers or other training facilities similar device, system or apparatus which are not ancillary to corporatecan be heard or experienced outside the Premises shall, executive without the prior written approval of Landlord, be used in or professional office useabout the Premises; (v) retail provided, nothing herein shall prohibit an internal paging or restaurant uses; or (vi) communications firms such as radio and/or television stationsannouncement system. Tenant shall not do commit or suffer to be committed any waste in, to or about the Premises. (c) Tenant shall not use or suffer or permit anything to be done in or about the Premises which will in any way interfere conflict with the rights any law, statute, ordinance or quiet enjoyment of other occupants of the Building governmental rule, regulation or the Projectrequirement now in force or which may hereafter be enacted or promulgated. Tenant, or use or allow the Premises to be used for any unlawful purposeat its sole cost and expense, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body now of hereafter constituted relating to Tenant or its affecting the condition, use or occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsexcluding structural changes not related to or affected by Tenant's improvements, whether acts or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement shall be conclusive of the fact as between Landlord and Tenant. (d) Notwithstanding any of the terms of Paragraph 8(c) of the Lease to the contrary, Landlord and Tenant acknowledge and agree that Tenant's obligation thereunder shall not generate, handle, store apply to the correction or dispose alteration of hazardous any physical condition or toxic materials (as such materials may be identified in characteristic of any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition portion of the Premises if such condition or characteristic existed prior to the commencement of the Agreed Initial Term. (e) The provisions of this Paragraph are for the benefit of Landlord only and of Tenant’s compliance with this Section. As part are not nor shall they be construed to be for the benefit of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost tenant or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 2 contracts

Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)

Use. Section 5.01. Tenant shall use and occupy the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporateadministrative, executive or professional and general business office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurposes only and for no other purposes. Section 5.02. Tenant shall not do suffer or permit the Demised Premises or any part thereof to be used in any manner, or suffer or permit anything to be done therein, or suffer or permit anything to be brought into or kept in or about the Demised Premises which will would in any way (i) violate any law or requirement of public authorities, (ii) cause structural injury to the Building or any part thereof, (iii) interfere with the rights normal operation of the heating, air conditioning, ventilating, plumbing or quiet enjoyment of other occupants mechanical or electrical systems of the Building or the Projectelevators installed therein, (iv) constitute a public or private nuisance, or use (v) alter the appearance of the exterior of the Building or allow of any portion of the Premises interior thereof other than the Demised Premises. Tenant's signage on its entrance door shall be subject to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectLandlord's approval. Section 5.03. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingnot, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing Landlord (which shall not be deemed unreasonably withheld or delayed), allow a "Servicing Company" (defined below) to proscribe install any telephone, data, information or other communications equipment in the use Demised Premises to service premises occupied by persons other than Tenant of customary office supplies in normal quantities so long and/or its affiliates. For example, the Demised Premises may not be used as a so-called "switching" or "relay" station serving third parties (that is, parties other than Tenant and its affiliates) without such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request consent by Landlord. In granting such consent, execute such affidavits concerning Tenant’s best knowledge and belief regarding Landlord may require that the presence of hazardous or toxic materials Servicing Company enter into a license agreement with Landlord confirming that the Servicing Company shall have no independent rights in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Demised Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, that upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease, for whatever reason, the Servicing Company will have no right to leave its equipment in the Demised Premises. Landlord may make a reasonable charge to the Servicing Company for allowing it to install its equipment in the Demised Premises. A "Servicing Company" shall mean a person, firm, corporation or other entity other than ---------- Tenant whose equipment services not only the Demised Premises, but other ------ premises or parties as well.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only The premises are to be used for the general office purposes stated in Item 3 of the Basic Lease Provisionsand for no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use be made of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolspremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permit, occupancy certificate, or other entitlement affecting the rights use or quiet enjoyment of other occupants occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance upon the Project or allow cause a cancellation of any insurance policy covering the Premises to be used for building or any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulespolicy. Tenant shall comply at its own expense comply with all present and future laws, ordinances and ordinances, orders, rules, regulations, and/or requirements of all governmental authorities that pertain pertaining to Tenant Tenant's particular use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises's activities therein. Tenant shall not generatecommit, handleor suffer to be committed, store any waste upon the premises, or dispose any public or private nuisance, or other act or thing which may obstruct or disturb the quiet enjoyment of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) other tenant in the Premises Project, nor shall Tenant, without the written consent of Landlord, use any apparatus, machinery or Project device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this lease. Tenant shall not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by the air conditioning equipment, without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete may install the usual office machines and deliver equipment, such as electrical typewriters, adding machines, teletypewriters and similar equipment. Notwithstanding the foregoing, Tenant may install and operate at the premises computers and related equipment, subject to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence provisions of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment this lease respecting use of the environmental condition premises and installation of the Premises alterations and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetrade fixtures.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, manufacturing, biology and tissue culture laboratory, wet laboratory, animal laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that any contrary use such approved uses shall be deemed in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose. Notwithstanding anything to cause material and irreparable harm to Landlord and the contrary herein, in no event shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents unless Tenant pays one hundred percent (100%) of said additional increase in said rate, or will cause a portion thereof for (i) offices cancellation of any agency or bureau of insurance covering the United States Premises or any state part thereof, or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits contents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises. Notwithstanding anything to the contrary herein, the sale by Tenant of a piece or pieces of equipment located within the Premises or the Projectto a third party shall not be deemed an auction. Tenant shall not do place any loads upon the floors, walls, or permit to be done anything ceiling which will invalidate endanger the structure, or increase place any harmful fluids or other materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and or overload electrical or other mechanical systems. No waste materials or refuse shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain be dumped upon or permitted to Tenant or its use remain upon any part of the PremisesPremises or outside of the Building, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where reasonably designated by Landlord. No materials, whether supplies, equipment, finished products or not semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises except as functionally necessary as a result of the design of Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesInterior Improvements as reasonably approved by Landlord. Tenant shall not generateplace anything or allow anything to be placed near the glass of any window, handledoor partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, store system or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, from time defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to time upon request by Landlordcomply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous condition, or toxic materials in restriction (“CC&R’s”) affecting the Premises. Landlord shall have the right at any time to perform an assessment has provided a copy of the environmental condition of the Premises and of Tenantsaid CC&R’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.

Appears in 2 contracts

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

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Permitted Use and shall comply with all applicable Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance underwriters ruleson the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 26 hereto), provided, however, that such matters arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such matters are considered disreputable, create extraordinary fire hazards, or result in an increased rate of insurance on the Building or its contents. Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed). If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall comply at conduct its expense business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with all present other tenants or Landlord in its management of the Building, provided, however, that nuisances and future lawsinterference arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such nuisances and interference interfere in any way with other tenants or persons having business with them. Notwithstanding the foregoing, ordinances and requirements in the event of all governmental authorities that pertain to Tenant any nuisances or its use interference arising in connection with Tenant’s Permitted Use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsTenant shall, whether upon Landlord’s reasonable request, use commercially reasonable efforts to mitigate such nuisances or not interference, provided that Tenant shall have no obligation to effect any mitigation efforts that would disrupt or otherwise disturb Tenant’s compliance will necessitate expenditures or interfere with operation of its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in business on the Premises or Project without for the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePermitted Use.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, federal state or local law or regulation) , in the Premises or Project the Office Building without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant ▇▇▇▇▇▇ agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsopromptly, from time to time upon request demand, reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the provisions of this Section and shall indemnify Landlord from any liability and/or expense resulting from ▇▇▇▇▇▇'s noncompliance. Tenant acknowledges that: (a) the Office Building does not comply in certain respects with the requirements of this Section. In all events Tenant shall indemnify each the Americans with Disabilities Act; and (b) certain portions of the “Indemnified Parties” (as defined in Section 10.3) in Office Building contain asbestos containing materials. ▇▇▇▇▇▇▇▇ has been advised that these materials are non-friable and do not represent a health risk. ▇▇▇▇▇▇ is invited to review reports concerning these matters on file at the manner elsewhere provided in this Lease from any release office of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseOffice Building.

Appears in 2 contracts

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

Use. Tenant shall use the The Premises are to be used only for general office purposes and for no other business or purpose without the purposes stated in Item 3 prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use No act 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present and future lawsnot, ordinances and requirements of all governmental authorities that pertain without Landlord's prior consent, install any equipment, machine, device, tank or vessel which is subject to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or regulation) requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises or Project without the prior written consent of Landlord; provided that the foregoing and shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long observe such reasonable rules and regulations as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as EXHIBIT F. Without limiting the foregoing, Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part of 's sole cost and expense for any such assessment, Landlord shall have the right, upon reasonable prior notice accommodations or alterations which need to Tenant, be made to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” (Americans With Disabilities Act of 1990, as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseamended.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation of the Building structure or to the systems serving the Building is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on "capital" repairs or replacements contained in Section 4.2(g), shall be considered as part of "Project Costs" (except to the extent that such compliance obligations (I) are triggered by or relate to Tenant's use of the Premises for other than general office purposes, or (ii) are triggered by or relate to particular alterations or improvements installed by Tenant in the Premises, in which event Tenant shall not generateperform all required construction and/or rehabilitation at its sole cost and expense). Tenant shall comply at its expense with all existing covenants, handleconditions, store easements or dispose restrictions now affecting or encumbering the Building and/or Project, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall alsocomply at its expense with any future amendments or modifications to such existing covenants, from time to time upon request by Landlordconditions, execute such affidavits concerning 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 best knowledge 's use and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition enjoyment of the Premises and or materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 2 contracts

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

Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable. B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s). ▇. ▇▇▇▇▇▇ shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by ▇▇▇▇▇▇’s use, abuse, or misuse of the PREMISES. The parties agree that LESSEE shall at all times maintain the PREMISES and any contrary use airport grounds used in conjunction with ▇▇▇▇▇▇’s operations in a clean and orderly manner. No junk, trash, refuse, material, substance or discharge of any kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises exist or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. ▇▇▇▇▇▇’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to LESSOR’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long term storage is permitted outside of the hangar. ▇. ▇▇▇▇▇▇ shall keep the hangar and the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom. ▇. ▇▇▇▇▇▇ agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of aircraft from the AIRPORT, or quiet enjoyment of other occupants that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of ▇▇▇▇▇▇. F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances other than that contained within the aircraft itself. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by ▇▇▇▇▇▇, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed. G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials damage caused by Tenant, its agents, employees, contractors, subtenants negligence or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasemisuse by its invitees.

Appears in 2 contracts

Sources: Airport Hangar Lease, Airport Hangar Lease

Use. 10.1 Tenant shall may use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material laboratory research and irreparable harm to Landlord development and shall entitle Landlord to injunctive relief in addition to any related administrative, office and other available remedy. The ancillary uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for as permitted by (i) offices the applicable zone under the City of any agency or bureau of the United States or any state or political subdivision thereof; San Diego Land Development Code, (ii) offices or agencies of any foreign governmental or political subdivision thereof; other laws, regulations, ordinances, and permits applicable to the Project, and (iii) offices of any health care professionals or service organization; (iv) schoolsall covenants, temporary employment agencies or other training facilities which are not ancillary to corporateconditions and restrictions recorded against the property, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant and shall not do use the Premises, or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow suffer the Premises to be used for any unlawful purposeother purpose without the prior written consent of Landlord. 10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, nor state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of any law or regulation or the certificate of occupancy issued for the Building, 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 a violation of law or the certificate of occupancy. Tenant permit shall comply with any nuisance direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or commit occupancy of the Premises, impose any waste in duty upon Tenant or Landlord with respect to the Premises or with respect to Tenant’s particular use or occupation thereof. Tenant shall not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manner that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project. . 10.3 Tenant shall not do or permit to be done anything which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy(ies) policy covering the BuildingPremises, the Project and/or their contentsor which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances orders, regulations and requirements of all governmental authorities that pertain to Tenant or its use the insurers of the Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in cause the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements Americans with Disabilities Act of this Section1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. In All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises after the Term Commencement Date shall be exclusively that of Tenant and not of Landlord, including any duty to make capital improvements, alterations, repairs and replacements to the Premises; provided, however, (i) Landlord shall be responsible for compliance with the ADA to the extent of a violation of Landlord’s warranty in Section 14.3; (ii) Landlord shall make all events improvements outside of the Premises required for compliance with the ADA (with only the amortized costs of capital improvements payable by Tenant as an Operating Expense under Section 7.1(b)); and (iii) neither Tenant nor Landlord shall be required to make capital improvements, alterations, repairs or replacements to comply with the ADA unless and until required to do so by order of a government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. 10.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant acknowledges that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, and is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. Notwithstanding the foregoing, subject to Landlord’s reasonable approval and all applicable laws, Tenant shall indemnify each be entitled to display at least one exterior sign identifying Tenant near the entrance to the Building. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the “Indemnified Parties” (as defined in Section 10.3) in Lease, all signs shall be the manner elsewhere provided in this Lease property of Tenant and may be removed from any release of hazardous or toxic materials caused the Premises by Tenant, its agentssubject to the provisions of Article 36. 10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.7 Tenant shall not use or allow the Premises to be used for any unlawful purpose, employeesnor shall Tenant cause, contractorsmaintain or permit any nuisance or waste in, subtenants on, or licensees. The foregoing covenants about the Premises. 10.8 Landlord shall survive provide services to the expiration or earlier termination of this LeaseProject described on Exhibit H attached hereto, subject to reimbursement by Tenant as Operating Expenses pursuant to Section 7.1(b).

Appears in 2 contracts

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

Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to all applicable zoning ordinances, restrictive covenants, Laws, governmental authority, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease Provisions. The parties agree that Board of Fire Insurance Underwriters and any contrary use shall be deemed similar bodies having or asserting jurisdiction, thereof now in effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and other encumbrances, if any, to cause material which the Leased Premises are subject at the time of execution and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for delivery hereof. (ib) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Leased Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingpart thereof, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord would in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost way violate any of the assessment/testing shall Laws or any certificate of occupancy affecting the Leased Premises or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be reimbursed furnished hereunder by Tenant Tenant, or that will cause or be likely to Landlord if such assessment/testing determines that Tenant failed cause structural injury to comply with the requirements of this Section. In all events Tenant shall indemnify each any of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided Improvements or that will constitute a public or private nuisance or waste. Nothing contained in this Lease from and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any release right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive Landlord in the expiration or earlier termination of this LeaseLeased Premises.

Appears in 2 contracts

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

Use. Tenant shall use the Premises only for general office use consistent with the purposes stated in Item 3 character of a first class office building and shall not use or permit the Basic Lease ProvisionsPremises to be used for any other purpose without Landlord’s prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material 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 irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant’s failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.any

Appears in 2 contracts

Sources: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)

Use. Tenant shall use and occupy the Premises only for the purposes stated uses set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or unreasonably infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the specific use or occupancy of the Premises by Tenant (as opposed to the general use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. If Tenant permits more than six (6) people per one thousand (1,000) rentable square feet of the Premises to occupy the Premises in the Tower at any time, Tenant acknowledges that the Project systems may not be sufficient for Tenant’s use of the Premises and Landlord shall have no liability or a portion thereof responsibility for (i) offices the inadequacy of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectsystems. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances orders, regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premisesby major fire insurance underwriters, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use increased by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseArticle 7.

Appears in 2 contracts

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

Use. (a) Tenant shall occupy, operate and use the Premises only for the purposes stated in Item 3 Permitted Uses during Business Hours (as hereinafter defined) of the Basic Lease ProvisionsBuilding. The parties agree that any contrary Tenant shall comply with all governmental laws, ordinances and regulations (including, but not limited to, the Americans with Disabilities Act of 1990), now or hereinafter enacted (“Laws”) applicable to the Premises, Tenant’s occupancy, 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. The uses prohibited under this Lease shall include, without limitation, or manner of use of the Premises and shall promptly comply with all governmental orders and directives at Tenant’s sole expense. 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 which would constitute a portion thereof for nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises or the Common Areas. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. (b) Tenant shall not use, handle, store, discharge or fabricate any Hazardous Substances (as hereinafter defined) in the Premises. The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes or pollutants or contaminants, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance, statute, rule, regulation or directive promulgated by any governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that: (i) offices of no activity will be conducted on the Premises that will produce any agency or bureau of the United States or any state or political subdivision thereofHazardous Substance; (ii) offices or agencies the Premises will not be used in any manner for the storage of any foreign governmental or political subdivision thereofHazardous Substances except for the temporary storage of such materials as are customarily used in general business offices in office buildings of this type (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) offices of Tenant will not permit any health care professionals Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or service organization; (iv) schoolsfound located thereon, temporary employment agencies or other training facilities which are not ancillary the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to corporateall Environmental Laws. Furthermore, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use any part of the Premises or permit anything the Park without the written consent of Landlord and lender, for any dry cleaning activities involving chlorinated solvents or use chlorinated solvents in the operation of its business, except for products typically used in offices or restaurants, in which case, all of the removal, disposal and indemnification provisions of this Lease shall apply. If, at any time during or after the Term, the Premises are found to be done so contaminated or subject to said conditions as a result of a condition caused by Tenant only, Tenant agrees to indemnify and hold Landlord, its trustees, partners, affiliates, shareholders, officers, directors, employees, agents, contractors and the Manager (“Indemnitees”) harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the presence or the use of Hazardous Substances in or about the Premises which by Tenant. (c) Tenant will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance manner (including without limitation any method of storage) which would render the insurance thereon void or commit the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any waste sprinkler credits. If any increase in the Premises fire and extended coverage insurance premiums paid by Landlord or other tenants for the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Building is caused by Tenant’s use and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal or if Tenant vacates the Premises and state occupational health and safety and handicap access requirementscauses an increase in such premiums, whether then Tenant shall pay the amount of such increase to Landlord as Additional Rent. (d) If Tenant shall receive notice of any violation of, or not defaults under, any Laws or Environmental Laws, liens or other encumbrances applicable to the Premises, Tenant shall give prompt notice thereof to Landlord. (e) Tenant agrees that the floor load resulting from Tenant’s compliance will necessitate expenditures furniture, inventory and equipment pertaining to Tenant’s use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant’s negligence or failure to comply with this Subparagraph (e). (f) The Premises shall not be used for any purpose that would, in Landlord’s reasonable judgment, create unreasonable or excessive elevator or floor loads, violate the certificate of occupancy of the Building, impair or interfere with its use and enjoyment any of the Premises. Tenant shall not generateBuilding operations or the proper and economic heating, handleair-conditioning, store cleaning or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other services of the environmental condition Building or impair the appearance of the Premises and Building. (g) The provisions of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants Paragraph 4 shall survive the expiration termination or earlier termination expiration of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

Use. Tenant Section 3.1. The Premises may be used only for the manufacture, fabrication, assemblage, warehousing and distribution of fireplace and barbecue equipment and accessories, for Lessee's general offices, and for related uses incidental or tangential thereto. Section 3.2. Lessee shall not use or suffer or permit any person to use the Premises only or any Improvements at any time situated thereon for any use or purposes in violation of any Requirements or in any manner that would violate any certificate of occupancy affecting the purposes stated in Item 3 of Premises, or which would cause the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use value or usefulness of the Premises or any part thereof to diminish, or that would constitute a portion thereof for (i) offices public or private nuisance or waste, and Lessee covenants that it will, promptly upon discovery of any agency or bureau such use, take all necessary steps to compel the discontinuance of the United States or such use and to oust any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies sublessees or other training facilities which are not ancillary to corporate, executive or professional office occupants guilty of such use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Section 3.3. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord Lessee shall have the right at its own expense to contest, by appropriate proceedings diligently conducted in good faith, any time to perform an assessment of the environmental condition of allegation by public authorities that Lessee, the Premises or any Improvements are in violation of any Requirements or any certificate of occupancy affecting the Premises, but only so long as: (a) neither the Premises nor any part thereof would by reason of such contest be, in Lessor's sole judgment, in danger of being forfeited or lost; (b) Lessor shall not in its sole judgment be in danger of being subject to criminal liability or penalty by reason of such contest; and (c) Lessee shall have indemnified and shall continue to indemnify Lessor with a surety bond, or other means satisfactory to Lessor in its sole discretion, in an amount sufficient to pay any fines, penalties or other charges that may or might be assessed against or become a charge on the Premises if such contest is unsuccessful. Any such contest may be made in the name of Tenant’s compliance Lessor or Lessee or both as Lessee shall determine; and Lessor agrees to cooperate reasonably with Lessee in any such contest but without expense to Lessor. Lessee shall pay all costs and expenses (including, but not limited to, Lessor's attorneys' fees) incurred by Lessor in connection therewith. If Lessee upon the conclusion of any contests or proceedings shall fail to pay any fines, penalties or other charges thereby determined to be due, or if prior thereto Lessor, in the exercise of its sole judgment, shall determine that either condition (a) or (b) of this Section. As Section 3.3 is no longer satisfied, Lessor may apply all or any part of any security provided under this Section to the payment, removal and discharge of such assessmentamounts and any costs, Landlord expenses (including, but not limited to, Lessor's attorneys' fees) and other liabilities accruing in such proceedings, and shall have refund to Lessee the rightbalance of any security not so applied, upon reasonable prior notice if any. Lessee shall promptly pay to TenantLessor any deficiency resulting from such application, with the amount of such deficiency to enter and inspect be due as Additional Rent due on the next rent day after any such deficiency is determined, with interest thereon at the rate of Prime plus three percent (3%) per annum from the date of such determination. Section 3.4. Lessee shall not suffer or permit the Premises and or any portion thereof to perform testsbe used in any manner as might tend to impair Lessor's title to the Building or Land or any portion thereof, provided those tests are performed or in such manner as might make possible a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost claim or claims of adverse usage or adverse possession or of implied dedication of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from Building or Land or any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseportion thereof for public use.

Appears in 1 contract

Sources: Lease Agreement (Blue Rhino Corp)

Use. Tenant The Lessee shall place a modular building on the Demised Property, and the Demised Property may be used for any lawful purpose relating to the Lessee's current business and the construction on the property which is subject to the Purchase Agreement. Lessee shall not use or occupy, or permit the Premises only for use or occupancy of, the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Demised Property, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about to the Premises Demised Property, in whole or in part, in a manner which will in any way interfere with the rights might constitute a public or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any private nuisance or commit any waste in the Premises offensive conduct or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementscircumstances, whether or not Tenant’s compliance will necessitate expenditures constituting a nuisance. Lessee shall not use or interfere occupy, or permit the use of, the Demised Property, in whole or in part, in a manner which violates any present or future, ordinary or extraordinary, foreseen or unforeseen laws, regulations, orders, rules, ordinances or requirements of any governmental or quasi governmental authority now existing or hereafter created, having jurisdiction over the Demised Property. Lessee shall, at no cost or expense to Lessor, diligently comply with its use and enjoyment all of the Premises. Tenant shall not generateforegoing; provided, handlehowever, store or dispose of hazardous or toxic materials that Lessee may, in good faith (as such materials may be identified in any federal, state or local law or regulation) and wherever necessary in the Premises or Project name of, but without expense to, Lessor) contest the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part validity of any such assessmentlaws, Landlord regulations, orders, rules, ordinances or requirements, and, pending the determination of such contest, may postpone compliance therewith, except that Lessee shall have not so postpone compliance therewith as to subject Lessor to any fine or penalty or to prosecution for any misdemeanor, felony or other crime, or as to cause the rightLand, upon reasonable prior notice to Tenantor any part thereof, to enter be condemned. Lessee shall indemnify and inspect the Premises save harmless Lessor against any recovery or loss to which Lessor may be subject or which Lessor may sustain, including reasonable attorney's fees and to perform testsexpenses, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord arising in connection with any assessment bybreach of this Section or by reason of any action or proceedings which may be brought against Lessor or against the Demised Property, among other thingsor any part thereof, promptly responding by virtue of violation of any such laws, regulations, ordinances or requirements relating to inquiries the use and providing relevant documentation and records. The reasonable cost occupancy of the assessment/testing shall be reimbursed Land or the Improvements, or by Tenant to Landlord if virtue of any such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each present or future law of the “Indemnified Parties” (as defined in Section 10.3) in United States of America, the manner elsewhere provided in this Lease from any release State of hazardous South Carolina, or toxic materials caused by Tenantthe City, its agentsCounty or State where the Demised Property is located, employeesor other municipal, contractorspublic or quasi public authority now existing or hereafter created, subtenants or licensees. The foregoing covenants shall survive having jurisdiction over the expiration or earlier termination of this Leasepremises.

Appears in 1 contract

Sources: Ground Lease Agreement (CommunitySouth Bancshares Inc)

Use. Tenant shall use the Premises only solely for general, executive and administrative non- medical office purposes consistent with the purposes stated in Item 3 character of the Basic Lease ProvisionsProject as a first-class office building project, and Tenant shall not use or permit the Premises to be used for any other purpose or purposes whatsoever. Tenant shall, at its sole cost and expense, obtain all governmental licenses and permits required to allow Tenant to conduct Tenant's permitted use. The parties agree that population density within the Premises as a whole shall at no time exceed one person for each 250 rentable square feet in the Premises. Tenant shall not use, or permit any of Tenant's employees, agents, representatives, contractors, invitees or licensees to use, the Premises or any part thereof for any use or purpose: (i) contrary use shall be deemed to cause material the Rules and irreparable harm to Landlord and shall entitle Landlord to injunctive relief Regulations; or (ii) in addition to violation of any other available remedy. The uses prohibited under this Lease shall includeapplicable laws, including, without limitation, those with respect to Hazardous Materials; or (iii) which would adversely affect or render more expensive (unless Tenant directly pays to Landlord the additional premium therefor) any fire or other insurance maintained by Landlord for the Project or any of its contents; or (iv) which would impair or interfere with any of the Building systems and equipment or the janitorial, security and building maintenance services; or (v) which would impair or materially and adversely interfere with the structural portions of the Building including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, Parking Facilities, stairwells, elevator cabs, plazas, washrooms, mechanical, electrical and telephone closets. Tenant shall comply with all recorded covenants, conditions, and restrictions, and the provisions of all ground leases, now or hereafter affecting the Project and shall not at any time use of or occupy or allow any person to use or occupy the Premises or a portion thereof for (i) offices of any agency the Project or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done or kept in or about the Premises which will or the Project in any way interfere with manner which: (A) violates any certificate of occupancy in force for the rights or quiet enjoyment of other occupants of Premises, the Building or the Project, ; (B) causes or use or allow the Premises is likely to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in cause damage to the Premises or the Project. Tenant shall not do Project or permit to be done anything any equipment, facilities or other systems therein; (C) results in repeated demonstrations, bomb threats or other events which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use require evacuation of the PremisesBuilding or Project or otherwise disrupt the use, including without limitation all federal and state occupational health and safety and handicap access requirements, whether occupancy or not Tenant’s compliance will necessitate expenditures or interfere with its use and quiet enjoyment of the Premises. Tenant shall not generateBuilding or Project by other tenants and occupants; or (D) interferes with the transmission or reception of microwave, handletelevision, store radio or dispose other communications signals by antennae located on the roof of hazardous the Building or toxic materials (as such materials may be identified in any federal, state or local law or regulation) elsewhere in the Premises Building or Project without the prior written consent of Landlord; provided that the foregoing Project. Landlord shall not be deemed responsible to proscribe Tenant for the use nonperformance of any of Rules and Regulations by Tenant or otherwise with respect to the acts or omissions of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous other tenants or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment occupants of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 1 contract

Sources: Office Lease (Sierra Oncology, Inc.)

Use. The Premises shall be occupied and used by Tenant shall use the Premises only for the purposes stated in Item 3 operation of the Basic Lease Provisions. The parties agree that a retail automotive dealership, and 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. The uses prohibited under this Lease shall includeall related, ancillary, or complementary purposes, including, without limitation, the display, sale, storage, and service of new and used automotive vehicles, and any other lawful uses (the “Permitted Use”). In no event shall Tenant use or occupy or permit any of the Premises to be used or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsoccupied, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not nor do or permit anything to be done in or about the Premises which will in on any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsin a manner which constitutes a Prohibited Use (as defined below) or which (a) violates any Law; (b) makes void or voidable or causes any insurer to cancel any insurance required by this Lease, whether or makes it difficult or impossible to obtain any such insurance at commercially reasonable rates; (c) constitutes a nuisance or physical waste; or (d) violates, or not be permitted pursuant to, any document or instrument that was, as of the day prior to the Effective Date, filed in the Real Property Records of the County and actually affects title to the Premises, as listed on the attached Exhibit B (the “Existing Encumbrances”). Without Tenant’s compliance prior written consent, which consent shall be in Tenant’s sole and absolute discretion, Landlord will necessitate expenditures not enter into or interfere amend any reciprocal easement agreements, development agreements, operating agreements, maintenance agreements or other instruments (including, without limitation, any Existing Encumbrances) affecting the use, occupancy, benefits or burdens pertaining to the Premises or any portion thereof if the effect thereof could reasonably be expected to (i) materially and adversely impact Tenant’s use of or access to the Premises or Tenant’s rights under this Lease, or (ii) materially increase Tenant’s costs, expenses, or other obligations or result in the imposition of any material cost, expense, or obligation of Tenant. Landlord makes no representation or warranty that the Premises is adequate for use for the Permitted Use or that the Premises may be lawfully used for the Permitted Use. Landlord acknowledges and agrees that, so long as Tenant continues to pay Rent and otherwise comply with its use and enjoyment of the Premises. obligations under this Lease, (A) Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in required to operate its business upon the Premises (continuously or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete otherwise), and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning (B) Tenant’s best knowledge and belief regarding the presence of hazardous abandonment or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition vacation of the Premises and shall not, by itself, be deemed a breach or Event of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of Default under this Lease.

Appears in 1 contract

Sources: Asset Purchase Agreement (Asbury Automotive Group Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Endwave Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable reasonable insurance underwriters rulesrules of which Tenant has received written notice. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for non-general office use, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such commercially reasonable affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall have no obligation to clean up, remediate, monitor, or a▇▇▇▇, or to reimburse, release, indemnify or defend Landlord with respect to, any hazardous materials which Tenant did not cause to be introduced onto the Premises or any other portion of the Building. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed in a material way to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Acacia Research Corp)

Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for any purpose other than general office use and other related legal uses incidental thereto. Lessor and Lessee hereby acknowledge and agree that the purposes stated foregoing use restriction is an absolute prohibition against a change in Item 3 use of the Basic Lease ProvisionsPremises m contemplated under California Civil Code Section 1997.230. The parties agree Lessee shall not do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any contrary of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal, release or discharge of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be deemed reimbursed by Lessee to cause material Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and irreparable harm certifications as may be reasonably required by Lessor from time to Landlord time concerning Lessee’s best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Lessee shall entitle Landlord indemnify, defend with counsel acceptable to injunctive relief in addition to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any other available remedy. The uses prohibited under this Lease shall includeand all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, use attorneys’ fees) arising in connection with the breach of the Premises or a portion thereof for (i) offices of obligations described in any agency or bureau of the United States previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspolicies promulgated thereunder. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Project or injure them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of upon the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Net Office Lease (Splunk Inc)

Use. Tenant The Demised Premises are hereby leased to the Lessee upon the express condition that the Lessee shall use the said Demised Premises only 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 purposes stated in Item 3 zoning ordinance of the Basic Lease ProvisionsTown 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 put by the Lessee shall conform to the requirements of any and all local laws, ordinances, rules or regulations adopted or enacted by the municipality having jurisdiction over the Demised Premises and shall also conform to any special use permit or 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 and shall not be 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 condition precedent to such use shall have been obtained. The parties agree that Lessee shall not use or permit the use of such Demised Premises or part thereof for any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to immoral or any other available remedypurpose 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 uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit suffer anything to be done in 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 about the other appliance to be used or operated upon said Demised Premises which will in any way interfere with the rights vibrate, shake or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeotherwise injure said Demised Premises, nor shall Tenant the Lessee permit any nuisance noisemaking device to be operated or commit any waste in allowed upon said Demised Premises for the Premises purpose of attracting trade or the Projectotherwise. Tenant The Lessee shall not do or permit any use to be done anything made of the Demised Premises which will invalidate 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 increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether Demised Premises by the Lessee shall cause directly or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment indirectly any increase of the PremisesLessor's insurance expense, such additional expense shall be paid by the Lessee to the Lessor upon demand as Additional Rent. Tenant No such payment by the Lessee shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) limit the Lessor in the Premises exercise of any other rights or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous remedies or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment constitute a waiver of the environmental condition of Lessor's right to require the Premises and of Tenant’s compliance with this Section. As part of any Lessee to discontinue such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous act or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseuse.

Appears in 1 contract

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

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

Appears in 1 contract

Sources: Lease Agreement (Hyseq Inc)

Use. Tenant shall Lessee will use and occupy the Demised Premises solely for the installation and operation of computer equipment only and for no other purpose whatsoever. Lessee will not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises manner which will in any way annoy or interfere with the rights or quiet enjoyment of other occupants of tenants in the Building or and will comply with the Project, or Rules and Regulations listed under Exhibit C. Lessee will not use or allow occupy the Demised Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant or its use orders of the PremisesUnited States of America, including without limitation all federal and state occupational health and safety and handicap access requirementsthe State of Virginia, whether the Fire Mars▇▇▇▇ ▇▇▇ any other public authority having jurisdiction over the Demised Premises that may affect the Demised Premises or not Tenant’s compliance will necessitate expenditures or interfere with its Lessee's use and enjoyment of the Premisesand/or occupancy thereof. Tenant In no event shall not Lessee generate, handlemanufacture, store prepare, use, store, treat or dispose of hazardous any polychlorinated biphenyls ("PCB's"), petroleum products or asbestos, or any hazardous, radioactive, carcinogenic, or toxic chemicals, substances pollutants, contaminant, materials (or waste, including storage tanks and/or containers thereof, as such materials may terms are defined under applicable Federal, state and local laws, ordinances or regulations, in or on the Demised Premises or the Building on the Property upon which the Demised Premises is located or any portion thereof, nor shall Lessee use, or suffer the Demised Premises to be identified in used, for industrial or manufacturing purposes. In the event of any breach of this Section 3, Lessee agrees to defend, indemnify and hold Lessor harmless from and against any and all claims, damages, expense and liability incurred as a result, including, but not limited to, costs and attorneys' fees incurred by or on behalf of Lessor to (i) cure Lessee's breach of this Section 3, (ii) remediate the effects of Lessee's breach, or (iii) to bring Lessee into compliance with any and all federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the and municipal orders, ordinances, laws, and regulations. The foregoing indemnity shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Deed of Lease (Abovenet Communications Inc)

Use. Tenant (a) Lessee shall use and operate the Premises only for throughout the purposes stated in Item 3 Term as a minimum or medium security correctional facility. Lessee and Lessor shall comply with §511.0092 of the Basic Lease ProvisionsGovernment Code at Lessee’s sole expense pursuant to Texas law and the rules and standards promulgated or adopted by the Texas Commission on Jail Standards. The parties agree that any contrary use Lessor shall be deemed provide Lessee with sufficient spaces to cause material and irreparable harm meet its governmental obligations to Landlord maintain a County jail and shall entitle Landlord provide the Sheriff of Lessee with sufficient access to injunctive relief in addition such space to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for carry out his duties as imposed by state law. (ib) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way interfere with the rights or quiet enjoyment cause cancellation of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in insurance policy covering the Premises or any part thereof. (c) Except as provided in this Lease, or as required by law, Lessor or its successors or assigns shall in no way have responsibility for, interfere or oversee Lessee’s operations on the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(iesPremises. (d) covering the Building, the Project and/or their contents, and Lessee shall comply with all covenants, conditions, restrictions and Governmental Requirements applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and shall promptly comply with all federal governmental orders and state occupational health directives for the correction, prevention and safety abatement of nuisances, hazards and handicap access requirementsother conditions or activities in or upon, whether or not Tenant’s compliance will necessitate expenditures or interfere connected with its use and enjoyment of the Premises. Tenant , all at Lessee’s sole cost, risk and expense, including any expense or cost resulting from the compliance with improvements for handicapped or disabled persons or any other costs, fees or expenses mandated by Governmental Requirements. (e) Lessee shall pay the cost of all utility services, including but not generatelimited to, handleall charges for gas, store or dispose of hazardous or toxic materials (as such materials may be identified in any federalwater, state or local law or regulation) sewerage, storm water disposal, trash disposal, communications and electricity used on the Premises and in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete Sheriff’s Offices. (f) Upon 24 hours notice, Lessor and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord its authorized agents shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the reasonable right, upon reasonable prior notice to Tenantduring normal business hours, to enter and the Premises, at a time set by the Warden, (a) to inspect the Premises general condition and state of repair thereof, (b) to perform testsmake repairs required or permitted under this Lease, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with or (c) for any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionpurpose. In all events Tenant shall indemnify each the event of an emergency, Lessor may enter the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from Premises at any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetime.

Appears in 1 contract

Sources: Lease Agreement (Correctional Services Corp)

Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used only for any unlawful purpose, nor shall Tenant permit any nuisance general office purposes and for no other business or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purpose without the prior written consent of Landlord; provided that the foregoing shall not be deemed provided, however, subject to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports Tenant’s compliance with all applicable laws, rules and regulations, the Connector Building may also include a restaurant for use by Tenant and its employees, contractors, invitees and licensees without Landlord’s consent. No act shall be done in or about the Premises that is unlawful. In the event of a breach of this covenant, promptly following Tenant’s actual notice of such breach, Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencycease the performance of such unlawful act. Tenant shall alsonot commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall not, without Landlord’s prior consent (such consent shall not be unreasonably withheld, conditioned or delayed), install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Project and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto and incorporated herein as Exhibit C. Without limiting the foregoing, Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part of sole cost and expense for any such assessment, Landlord shall have the right, upon reasonable prior notice accommodations or alterations which need to Tenant, be made to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” (Americans With Disabilities Act of 1990, as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseamended.

Appears in 1 contract

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

Use. Tenant shall (a) Not to use the Premises only for any purpose other than the Permitted Use; (b) Not to commit, waste or use the Premises for gambling or any offensive trade or business or any illegal, immoral or improper purposes or so as to cause nuisance, damage or danger to the Landlord or the occupiers of neighbouring premises; (c) Not to use the Premises for the purposes stated storage of goods other than in Item 3 small quantities consistent with the nature of the Basic Lease ProvisionsTenant’s trade or business, provided that storage of such small quantities of goods shall comply with all directions from the Landlord from time to time and all applicable provisions in Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) below; (d) Not to keep at the Premises any Dangerous Goods and Hazardous Substances. Provided that if it is necessary to keep any Dangerous Goods and/or Hazardous Substances at the Premises in the normal course of the Permitted Use, the Tenant shall inform the Landlord of the nature of such Dangerous Goods and/or Hazardous Substances and provide such other information as the Landlord may request from time to time. The parties agree that use, storage, handling, release, treatment, manufacture, processing, deposit, transportation or disposal (including into any contrary use shall be deemed to cause material Service Media) of any Dangerous Goods and/or Hazardous Substances should comply with all the directions and irreparable harm to requirements of the Landlord and in accordance with Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) of this Lease. Notwithstanding the foregoing, the Landlord may at any time demand the Tenant to remove any and all Dangerous Goods and/or Hazardous Substances from the Premises for any reason whatsoever, and the Tenant shall entitle comply forthwith. For the avoidance of doubt and without limiting the Tenant’s obligation to indemnify the Landlord to injunctive relief in addition to under Clause 3.13 (Indemnities), the Tenant shall indemnify and hold harmless the Landlord from any other available remedy. The uses prohibited under this Lease shall includeand all claims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, without limitation, use any and all sums paid for settlement of claims, legal fees, consultant and expert fees) arising, during or after the Term from or in connection with the Tenant’s breach of this Clause 3.8(d); (e) Not to make any noise (including but not limited to music or sound produced by broadcasting from television, radio and any equipment capable of producing or reproducing music or sound) which is audible outside the Premises, or make any vibration or odour in the Premises which is or may be a nuisance to the occupiers of nearby premises, or allow any smoke, fumes or gas to escape from the Premises; or do anything on the Premises which may be a nuisance or cause annoyance, danger, injury or damage to the Landlord or any neighbouring tenants or occupiers; (f) Not to place on the Premises anything (including any safe) of a weight in excess of the floor loading of the Premises prescribed by the Landlord, or on parts of the Premises containing reinforced flooring, anything of a portion thereof weight in excess of the appropriate weightings for which such reinforcements were designed and to comply with any prescription by the Landlord of the maximum weight and permitted location of safes and other heavy equipment and any requirements of the Landlord that the same stand on supports of such dimensions and materials as the Landlord reasonably determines; (g) To use the raised flooring and false ceiling (if any) in the Premises with care and in accordance with the Landlord’s instructions and not to overload, scratch or place any article which would release water onto the raised flooring or false ceiling; Lease Agreement - Ewell 2024 (h) To comply with all legislation in relation to: (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; Premises, (ii) offices or agencies the conduct of any foreign governmental or political subdivision thereof; the Tenant’s business on the Premises (including the use, handling, storage and disposal of all biological samples collected and/or used in the course of the Tenant’s business, and (iii) offices the storage of any health care professionals or service organization; Dangerous Goods and/or Hazardous Substances in accordance with this Clause 3.8(d) (ivUse), Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) schoolsherein). Furthermore, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. the Tenant shall not apply for all requisite licences and permits that may be required from all competent authorities to lawfully conduct the Tenant’s business and activities at the Premises; (i) Not to do anything which would amount to a breach or permit non-observance of any provision of the Government grant under which the Landlord holds the portion of the Development on which the Building is situated; (j) To ensure that all refuse is disposed of by arrangement with and in containers specified by the Landlord, and if the Landlord provides a collection service for refuse, to use such service exclusively at the sole cost of the Tenant. Where recycling facilities are provided by the Landlord, the Tenant shall use its best endeavours to dispose of all recyclable refuse through such recycling facilities; (k) Not to place or leave anything in the Common Parts nor to be done in tout or about the Premises which will in any way interfere with the rights solicit business or quiet enjoyment of other occupants of distribute anything within the Building or the ProjectDevelopment without the prior written approval of the Landlord; (l) To take delivery of furniture, equipment, fittings or bulky items in and out of the Building only during the hours specified by the Landlord from time to time, and to take such delivery only in the lift and along the route designated for that purpose by the Landlord; (m) Not to discharge into any Service Media any substance that may obstruct, pollute, or use cause any damage or allow danger to the Service Media; (n) Not to conduct any auction, fire sale, bankruptcy sale or any similar activities at the Premises; (o) Not to keep any animals, birds or pets of any kind inside the Premises, and to take all precautions to the reasonable satisfaction of the Landlord to prevent the Premises from becoming infested by pests including, if the Landlord so requires, the employment at the Tenant’s cost of such pest extermination contractors and at such intervals as the Landlord may reasonably determine; (p) Not to be used allow any person to use the Premises for residential purposes; and (i) Subject to sub-paragraphs (ii) and (iii) below, not to display, publish, publicize, advertise or represent anything relating to, involving or including the whole or any unlawful purposepart of the names, nor shall Tenant permit any nuisance characters or commit any waste in words of the Landlord, the Development, the Building or the Premises or the Project. Tenant shall whole or any part of the words “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, or unless the facts displayed, published, publicized, advertised or represented are true and accurate. (ii) Subject to sub-paragraph (iii) below, not do to display, publish, publicize, advertise or permit to be done anything which will invalidate represent such of its logos or increase marks bearing the cost whole or any part of any insurance policy(ies) covering the names, characters or words of the Landlord, the Development, the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant Premises or its use the whole or any part of the Premiseswords “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, Lease Agreement - Ewell 2024 (iii) The Tenant may with the prior written approval of the Landlord (which approval may be given or refused at the Landlord’s discretion and, if given, may be subject to such conditions the Landlord deems fit to impose) display, publish, publicize, advertise or represent the Landlord’s logos or marks provided that the design and specification of such logos or marks shall be in accordance with and in line with the Landlord’s logo specification. (iv) Not to do anything (including without limitation all federal not to make any representation) which in the opinion of the Landlord prejudices or may or is likely to prejudice the goodwill or reputation of the Landlord, the Government of the Hong Kong SAR and/or any part(s) of the Development, the Building or the Premises. In particular but without prejudice to the generality of the foregoing and state occupational health the Landlord’s other rights and safety and handicap access requirementsremedies, the Landlord reserves the right to request the cessation of any activity conducted or to be conducted by the Tenant whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment previously permitted by the Landlord which is in the opinion of the PremisesLandlord in breach of this Clause 3.8(q). The Tenant shall not generateupon the Landlord’s such request forthwith cease such activity and rectify the breach by taking all such actions which the Landlord shall deem necessary at its absolute discretion; (r) Notwithstanding other provisions of this Lease, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver the Landlord may without the need to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning obtain the Tenant’s best knowledge and belief regarding approval or consent display, publish, publicize, advertise or represent the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As logos or marks or anything relating to, involving or including the whole or any part of such logos or marks in any such assessmentof its promotional or advertising material at the Landlord’s absolute discretion without being liable to the Tenant for damages, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among compensation or royalty payment; and (s) Notwithstanding other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination provisions of this Lease, if the Landlord in its reasonable opinion determines that this Lease ought to be terminated based on the ground that its continuation (in whole or in part) would be impermissible under laws of Hong Kong or would have an adverse impact on the reputation of the Landlord and/or the Government of the Hong Kong SAR; the Landlord shall be entitled to terminate this Lease and in such event.

Appears in 1 contract

Sources: Lease Agreement (Ultra High Point Holdings LTD)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordsrecords relating to hazardous or toxic materials at the Premises. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section; otherwise, the same shall be at Landlord's expense and not a Building Cost. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Quest Software Inc)

Use. Tenant 5.01 The Demised Premises shall be used and occupied by Lessee solely for offices, chemical and biological laboratories and pilot plants, combustion laboratories, light manufacturing and other related activities, and for no other or additional purpose without the prior written consent of Lessor. 5.02 Lessee shall not use the Demised Premises only for or permit anything to be done in or about the purposes stated Demised Premises which is prohibited by or will in Item 3 any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the Basic Lease Provisionsexisting rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The parties agree judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any contrary use law, statute, ordinance or governmental rule, regulation or requirement, shall be deemed to cause material conclusive of that fact as between Lessor and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyLessee. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of tenants in the Building Industrial Center, or the Projectinjure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises. 5.03 Lessee shall, at its sole expense, secure and maintain in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of full force and effect any insurance policy(ies) covering the Buildingand all licenses, the Project and/or their contentspermits, authorizations, and shall comply with all applicable insurance underwriters rules. Tenant shall comply other approvals required by any governmental agency for activities conducted and materials stored or used by Lessee at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Demised Premises, including without limitation including, but not limited to, all federal licenses, permits and state occupational health approvals relating to the storage and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federalmaterials, state or local law or regulation) in and Lessee shall at all times comply with the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete conditions and deliver to Landlord any disclosure form regarding hazardous or toxic materials requirements that may be required contained in or imposed by any governmental agency. Tenant shall alsosuch licenses, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous permits or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseapprovals.

Appears in 1 contract

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

Use. The Premises shall be used and occupied for general business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant shall use represents and warrant to, and covenants with, Landlord that the Premises only for shall not be used as a “public accommodation” as defined in the purposes stated Americans With Disabilities Act. As used in Item 3 this Lease, the term “Laws” means all laws, codes, rules, regulations, ordinances and directives of the Basic Lease Provisions. The parties agree that all governmental and quasi-governmental authorities with jurisdiction now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from 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. The uses prohibited under this Lease shall includepreviously existing policy, including, without limitation, laws; codes; rules, regulations and ordinances pertaining to industrial hygiene, Hazardous Materials, and the Americans With Disabilities Act and local ordinances pursuant thereto, including handicap access requirements. At Tenant’s sole cost and expense, Tenant shall comply with all Laws applicable or relating to: (1) the Premises and/or Tenant’s use or occupancy of the Premises; (2) the manner or conduct of Tenant’s business or the operation of its installations; equipment or other property; (3) any cause or condition created by or at the request of Tenant; or (4) the breach of any of Tenant’s obligations under this Lease. Tenant’s obligations hereunder to comply with all Laws shall include the obligation to make any and all alterations and improvements to the Premises and other portions of the Building required in order to comply with Laws; provided, however, that Tenant shall not be required to make structural alterations or capital improvements unless such compliance is triggered or necessitated by Tenant’s use of the Premises for other than general office use (or Tenant’s change in use of the Premises; regardless of the nature of use) or by any work performed or improvements constructed by or at the request of Tenant (and the cost of such work that is not required to be performed by Tenant shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). Tenant shall give Landlord prompt written notice of any notice that Tenant receives of any violation of any Law relating to the Premises, the Building or the Property, or Tenant’s use thereof. 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 or an increase in the existing premium for, any insurance policy coveting the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that win constitute waste or a portion thereof nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the: Building. Without limiting the foregoing, the Premises shall not be used for (ia) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolseducational activities, temporary employment agencies schools or other training facilities which are not ancillary to corporate, executive or professional office use; , (vb) retail practice of medicine or restaurant uses; any of the healing arts, (c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (vii) communications firms such as radio and/or television stationsreservation center operations or uses. Tenant shall not do or permit anything to be done in or about not, without the Premises which will in any way interfere with the rights or quiet enjoyment prior consent of other occupants of Landlord: (i) bring into the Building or the ProjectPremises anything that may cause substantial noise, odor or use or allow vibration, overload the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste floors in the Premises or the Project. Tenant shall not do Building or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premisesheating, including without limitation all federal ventilating and state occupational health and safety and handicap access requirementsair-conditioning (“HVAC”), whether mechanical, elevator, plumbing, electrical, fire protection, life safety, security or not Tenant’s compliance will necessitate expenditures .other systems in the Building (“Building Systems”), or interfere with its use and enjoyment jeopardize the structural integrity of the Premises. Tenant shall not generateBuilding or any part thereof; (ii) connect to the utility systems of the Building any apparatus, handle, store machinery or dispose of hazardous other equipment other than typical low power task lighting or toxic materials office equipment; or (as such materials may be identified in iii) connect to any federal, state or local law or regulation) electrical circuit in the Premises any equipment or Project without other load with aggregate electrical power requirements in excess of 80% of the prior written consent rated connected load capacity of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawscircuit. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding use of electricity shall never exceed the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment safe capacity of the environmental condition feeders to the Property or the risers or wiring installation of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (LendingClub Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building Buildings or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuildings, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Buildings and/or Project, and any reasonable amendments or modifications thereto, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Sources: Industrial Lease (New Century Financial Corp)

Use. Tenant 5.01 The Demised Premises shall be used and occupied by Lessee solely for office/R&D/warehouse and for no other or additional purpose without the prior written consent of Lessor. 5.02 The Lessee shall not use the Demised Premises only for or permit anything to be done in or about the purposes stated Demised Premises which is prohibited by or will in Item 3 any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the Basic Lease Provisionsexisting rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The parties agree judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any contrary use law, statute, ordinance or governmental rule, regulation or requirement, shall be deemed to cause material conclusive of that fact as between Lessor and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyLessee. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of tenants in the Building Industrial Center, or the Projectinjure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises. 5.03 Lessee shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). Such statutes, laws, ordinances, rules, regulations, and all regulations adopted pursuant to them: Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., the Superfund Amendments and Reauthorization Act., 42 U.S.C. Sections 1101 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Sections 136 et seq., the Occupational Safety and Health Act, 29 U.S.C. sections 651 et seq., the Hazard Communication Standard, 29 C.F.R. section 1910.1200, the Hazardous Substance Account, Cal. Health & Safety Code Sections 25300 et seq., (including new Section 25359.7, effective 1/1/88), the Hazardous Waste-Control Law, Cal. Health & Safety Code Sections 25100 et seq., the Hazardous Materials release Response Plans and Inventory, Cal. Health & Safety Code Sections 25500 et seq., (including new Section 25503.6 effective 2/19/88), the Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code Section 25249.5 et seq., the C&I. Food & Agriculture Code Section 11401 et seq., and the California Occupational safety & Health Act, Cal. Labor Code Section 6300 et seq. As herein used, Hazardous materials shall include, but not be limited to, those materials identified in Title 22 of the California code of Regulations Sections 66680 through 66685, Title 8 of the California Code of Regulations Section 339, those materials listed pursuant to the Safe Drinking Water and Toxic Enforcement Act, Ca. Health & Safety Code Section 25249.8, and those substances defined as "hazardous wastes," or other similar designations in the Comprehensive Environmental response, Compensation and Liability Act of 1980, and amended 42 U.S.C. Sections 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq., and any other governmental statutes, laws, ordinances, rules, regulations, and precautions. Except for products used in typical office operations, such as cleaning materials and office machine supplies, Lessee shall not cause, or authorize anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project Building without the prior written consent of Landlord; provided Lessor, which consent may be withheld in the sole discretion of Lessor. Furthermore, Lessee shall notify Lessor in writing of any release, spill, use, generation, storage, or disposal of Hazardous Materials on or about the Premises or Building. If Hazardous Materials are used, generated, stored, or disposed of, Lessee shall provide Lessor with a copy of all permits, reports, inventories and business plans filed with any federal, state, local, or other governmental agency pursuant to any statutes, laws, ordinances, rules or regulations. Furthermore, Lessee shall notify Lessor in writing if Lessee is subject to reporting requirements under particular statutes or regulations, and shall also notify Lessor in writing that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports Lessee has complied with all applicable lawsreporting requirements. Tenant agrees that it Lessee shall promptly complete indemnify and deliver to Landlord any disclosure form regarding hazardous hold Lessor harmless from liability, including all fines and penalties, and all reasonably foreseeable consequential damages, directly or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment indirectly arising out of the environmental condition use, generation, storage, or disposal of Hazardous Materials on or about the Premises and by Lessee or any agent, employee, customer, vendor or invitee of Tenant’s compliance with this Section. As part Lessee, including, without limitation, the cost of any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans, whether such assessment, Landlord shall have action is required or necessary prior to or following the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease, to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Lessee or any agent, employee, customer, vendor or invitee of Lessee. Neither the written consent by Lessor to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Lessee with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Lessee from Lessee's obligation to indemnification pursuant to this subsection.

Appears in 1 contract

Sources: Lease Agreement (Catapult Communications Corp)

Use. Tenant (a) Lessee shall use and operate the Premises only for throughout the purposes stated in Item 3 Term as a minimum or medium security correctional facility. Lessee and Lessor shall comply with Sec. 511.0092 of the Basic Lease ProvisionsGovernment Code at Lessee's sole expense pursuant to Texas law and the rules and standards promulgated or adopted by the Texas Commission on Jail Standards. The parties agree that any contrary use Lessor shall be deemed provide Lessee with sufficient spaces to cause material and irreparable harm meet its governmental obligations to Landlord maintain a County jail and shall entitle Landlord provide the Sheriff of Lessee with sufficient access to injunctive relief in addition such space to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for carry out his duties as imposed by state law. (ib) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way interfere with the rights or quiet enjoyment caus cancellation of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in insurance policy covering the Premises or any part thereof. (c) Except as provided in this Lease, or as required by law, Lessor or its successors or assigns shall in no way have responsibility for, interfere or oversee Lessee's operations on the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(iesPremises. (d) covering the Building, the Project and/or their contents, and Lessee shall comply with all covenants, conditions, restrictions and Governmental Requirements applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and shall promptly comply with all federal governmental orders and state occupational health directives for the correction, prevention and safety abatement of nuisances, hazards and handicap access requirementsother conditions or activities in or upon, whether or not Tenant’s compliance will necessitate expenditures or interfere connected with its use and enjoyment of the Premises. Tenant , all at Lessee's sole cost, risk and expense, including any expense or cost resulting from the compliance wit improvements for handicapped or disabled persons or any other costs, fees or expenses mandated by Governmental Requirements. (e) Lessee shall pay the cost of all utility services, including but not generatelimited to, handleall charges for gas, store or dispose of hazardous or toxic materials (as such materials may be identified in any federalwater, state or local law or regulation) sewerage, storm water disposal, trash disposal, communications and electricity used on the Premises and in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete Sheriff's Offices. (f) Upon 24 hours notice, Lessor and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord its authorized agents shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the reasonable right, upon reasonable prior notice to Tenantduring normal business hours, to enter and the Premises, at a time set by the Warden, (a) to inspect the Premises general condition and state of repair thereof, (b) to perform testsmake repairs required or permitted under this Lease, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with or (c) for any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionpurpose. In all events Tenant shall indemnify each the event of an emergency, Lessor may enter the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from Premises at any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetime.

Appears in 1 contract

Sources: Lease Agreement (Correctional Services Corp)

Use. Tenant shall use the Premises only solely for the purposes stated "Permitted Use", as --- that term is defined in Item 3 Section 12 of the Basic Lease Provisions. The parties agree that any contrary Summary, and Tenant shall not use shall or ---------- permit the Premises to be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used for any other available remedypurpose or purposes whatsoever without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about allow occupancy density of use of the Premises which will is greater than the average density of the other tenants of the Building. Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the Rules and Regulations, or in any way interfere violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building. Tenant shall faithfully observe and comply with the rights Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of such Rules and Regulations by or quiet enjoyment otherwise with respect to the acts or omissions of any other tenants or occupants of the Building Building. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectReal Property. Tenant shall not do use or permit allow another person or entity to be done anything which will invalidate or increase the cost of use any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use part of the PremisesPremises for the storage, including without limitation all federal and state occupational health and safety and handicap access requirementsuse, whether treatment, manufacture or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose sale of hazardous materials or toxic materials (substances as such materials may be identified in defined pursuant to any applicable federal, state or local law governmental or quasi-governmental law, code, ordinance, rule, or regulation) . Landlord acknowledges, however, that Tenant will maintain products in the Premises or Project without which are incidental to the prior written consent operation of Landlord; provided its offices, such as photocopy supplies, secretarial supplies and limited janitorial supplies, which products contain chemicals which are categorized as hazardous materials. Landlord agrees that the foregoing use of such products in the Premises in compliance with all applicable laws and in the manner in which such products are designed to be used shall not be deemed to proscribe the use a violation by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsthis Article 5. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.---------- 5.2

Appears in 1 contract

Sources: Office Lease (Mego Financial Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Gardenburger Inc)

Use. Tenant shall agrees that it will use the Premises only for the purposes stated general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state and federal laws, statutes, ordinances and governmental rules, regulations or requirements now in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall force or which may hereinafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeforce, including, without limitation, the Americans with D▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇ et seq. and any governmental regulations relating thereto, including any required alterations for purposes of “public accommodations” under such statute which arise as a result of the particular nature of the use of the Premises by Tenant or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsTenant Parties. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Project or cause the cancellation of any insurance policy covering the Project, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Project, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way interfere with manner damage the rights Building, (v) place any harmful liquids in the drainage system or quiet enjoyment of other occupants of in the Building or soils surrounding the Project, or use (vi) disturb or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or unreasonably interfere with other tenants of the Project. Tenant shall not do If any of Tenant’s office machines or permit to be done anything which will invalidate or increase equipment disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use sole cost and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseexpense.

Appears in 1 contract

Sources: Lease Agreement (Redwood Trust Inc)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 --- general office and commercial bank branch use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive, or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, (ii) a flammable explosive, (iii) radioactive material, (iv) a polychlorinated biphenyl, (v) asbestos or asbestos containing material, or (vi) a carcinogen. Notwithstanding the foregoing, Tenant shall alsohave no obligation to pay any cost or expense related to clean-up of Hazardous Waste, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding unless the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials Hazardous Waste was caused by the act or omission of Tenant or Tenant, its 's agents, employeesrepresentatives, contractorscustomers, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvitees.

Appears in 1 contract

Sources: Office Lease (Business Bancorp /Ca/)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral offices and/or receiving, storing, shipping materials and light manufacturing of products and merchandise made and/or distributed by Tenant. 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. The uses prohibited under this Lease shall includeOutside storage including, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsdrop shipments, temporary employment agencies or dock storage, trucks and other training facilities which are not ancillary to corporatevehicles, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsis prohibited without Landlord's prior written consent. Tenant shall not do or permit anything to be done in or about the Premises which will in obtain, at Tenant's sole cost and expense, any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or and all licenses and permits necessary for Tenant's contemplated use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord's insurance carrier. Tenant shall not generatepermit any objectionable or unpleasant odors, handlesmoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third-party tenants' use of their respective space. Tenant shall not receive, store or dispose otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules, codes, regulations and requirements of any federal, state, municipal or other governmental or quasi-governmental authority with respect to any hazardous or toxic materials wastes (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, term is defined from time to time upon request by Landlordany governmental or regulatory authority) which are stored, execute such affidavits concerning Tenant’s best knowledge produced, manufactured, treated, or disposed of by Tenant within the Premises; and belief regarding Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the presence discharge, disbursement, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or toxic gasses, waste materials in or other irritants, contaminants or pollutants into or about the Premises or Property, which originate from any products stored, produced, manufactured, treated, or disposed of by Tenant within the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises The aforesaid indemnification and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants defenses shall survive the expiration or earlier termination term of this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Aradigm Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any material way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and with all federal energy usage reporting requirements of Landlord. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). Pursuant to Section 1938 of the California Civil Code, Landlord hereby provides the following notification to Tenant: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state occupational health law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and safety manner of the CASp inspection, the payment of the fee for the CASp inspection, and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises." If Tenant requests to perform a CASp inspection of the Premises, Tenant shall, at its cost, retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord’s option) to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall not generateprovide Landlord with a copy of any report or certificate issued by the CASp (the "CASp Report") and Tenant shall, handleat its cost, store or dispose promptly complete any modifications necessary to correct violations of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) construction related accessibility standards in the Premises or Project without identified in the prior written consent of Landlord; provided that CASp Report, notwithstanding anything to the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies contrary in normal quantities so long as such use comports with all applicable lawsthis Lease. Tenant agrees that it shall promptly to keep the information in the CASp Report confidential except as necessary for the Tenant to complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be such modifications and/or as required by any governmental agencyapplicable law. Subject to the terms of this Lease, Tenant and its employees, licensees, and visitors shall alsohave access to the Premises on a 24 hours a day, 7 days a week basis. Landlord shall comply with all laws relating to the Base Building (hereinafter defined), provided that compliance with such laws are not the responsibility of Tenant under this Lease, and provided further that Landlord’s failure to comply therewith would prohibit Tenant from time to time upon request by Landlordobtaining or maintaining a certificate of occupancy (or its legal equivalent) for the Premises, execute such affidavits concerning or would unreasonably and materially affect the safety of Tenant’s best knowledge and belief regarding employees or create a significant health hazard for Tenant’s employees. In addition, Landlord shall be responsible for the presence cost of hazardous or toxic materials in correcting any violations of Title III of the PremisesAmericans with Disabilities Act (“ADA”) with respect to the Common Areas of the Building. Landlord shall have the right at to contest any time to perform an assessment such violations in good faith. For purposes herein, "Base Building" shall include the structural portions of the environmental condition Building, the public restrooms and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have Building on the right, upon reasonable prior notice to Tenant, to enter and inspect floor or floors on which the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaselocated.

Appears in 1 contract

Sources: Lease Agreement (BioPharmX Corp)

Use. Tenant shall use the Premises only for general office use and shall not use or permit the purposes stated in Item 3 Premises to be used for any other purpose without the prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material 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 irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States 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. Tenant's shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant's failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure 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 commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, handleconditions and restrictions against the Premises on February 18, store or dispose 1987 as Instrument Number 87/046032 in the Official Records of hazardous or toxic materials Alameda County (the "CC&Rs"). Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&R's, as such materials the same may be identified in amended from time to time, provided that any federalamendments do not materially diminish Tenant's rights under this Lease or materially increase Tenant's obligations. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, state utilities, fire or local law or regulation) in emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies Bemal Corporate Park Owner's Association in normal quantities so long as such use comports with all applicable lawstheir sole discretion. Tenant agrees acknowledges that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoentities with jurisdiction over the Premises may, from time to time upon request by Landlordpromulgate laws, execute such affidavits concerning Tenant’s best knowledge rules, plans and belief regarding regulations affecting the presence use of hazardous or toxic materials in the Premises, including, but not limited to, traffic management plans and energy conservation plans. Landlord shall have the right at any time to perform an assessment of the environmental condition Tenant's use of the Premises shall be subject to and of Tenant’s compliance Tenant shall comply with this Sectionany and all such laws, rules, plans, and regulations. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform testsat its sole cost, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with all laws relating to the requirements storage, use and disposal of this Section. In all events Tenant shall indemnify each of hazardous, toxic or radioactive matter, to the “Indemnified Parties” (as defined in Section 10.3) in extent brought into the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused Project by Tenant, its agents, agents or employees, contractorsincluding those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, subtenants Division 4, Chapter 30 ("Title 22") as they may be amended from time to time (collectively "Toxic Materials"). If Tenant does store, use or licensees. The foregoing covenants dispose of any Toxic Materials, Tenant shall survive notify Landlord in writing at least ten (10) days prior to their first appearance on the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Sources: Office Lease (Accpac International Inc)

Use. (a) Tenant shall use the Leased Premises only for the purposes stated in Item 3 operation of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed a pharmacy and other uses ancillary to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includesuch use, including, without limitation, use medical and related office facilities. In no event shall the Leased Premises be used for any purpose which shall violate any of the provisions of any recorded covenants, restrictions or agreements (including, without limitation, the Declaration) applicable to the Project. Tenant agrees that with respect to any such presently recorded covenants, restrictions or agreements, Tenant shall observe and comply with the provisions thereof. (b) Tenant shall not permit any unlawful occupation, business or trade to be conducted on any of the Leased Premises or a portion any use to be made thereof for (i) offices of any agency contrary to applicable Legal Requirements or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsInsurance Requirements. Tenant shall not use, occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on any of the Premises Leased Premises, in a manner which will would (i) violate any certificate of occupancy or equivalent certificate affecting any of the Leased Premises; (ii) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises; (iii) affect in any way interfere with manner the rights ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder; (iv) cause any injury or quiet enjoyment of other occupants damage to any of the Building or the Projectimprovements unless pursuant to Alterations permitted under Paragraph 11 hereof, or use constitute a public or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any private nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit waste. (c) Subject to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premisesprovisions of this Lease, including without limitation all federal so long as no Event of Default exists hereunder, Landlord covenants that neither it nor any party claiming by, through or under it, shall do any act to disturb the peaceful and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use quiet occupation and enjoyment of the PremisesLeased Premises by Tenant. Tenant shall not generateSubject to the limitations contained herein, handleLandlord may enter upon and examine any of the Leased Premises at reasonable times after reasonable notice and during business hours and exercise any rights and privileges granted to Landlord under the provisions of this Lease. During an Event of Default or in an emergency, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in Landlord’s access to the Leased Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long restricted as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials provided in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseimmediately preceding sentence.

Appears in 1 contract

Sources: Lease Agreement (Smsa Gainesville Acquisition Corp.)

Use. Tenant shall use the Premises only COUNTY grants to LICENSEE a license to install, maintain and operate telecommunications equipment for the purposes stated in Item 3 purpose of establishing a public safety communications system subject to the restrictions herein. A. Prior to any new installation, modification or operation, LICENSEE shall submit a copy of the Basic Lease Provisionscomplete construction plans (drawings, specifications, structural calculations) with appropriate stamps and signatures to COUNTY. The parties agree that any contrary use shall be deemed Installation is not to cause material and irreparable harm proceed prior to Landlord and shall entitle Landlord the approval of said plans by COUNTY. Permission from COUNTY to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of install the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing equipment shall not be deemed unreasonably withheld, delayed or conditioned. After installation, COUNTY will, within ten days, inspect installation for conformity to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsplans. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have COUNTY reserves the right at any time to perform an assessment deny permission to transmit should the installation not conform to approved plans. B. The installation and maintenance of the environmental condition radio equipment of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord LICENSEE shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are be performed in a neat and workmanlike manner that minimizes disruption and shall conform in all respects to Tenantthe fire safety and construction standards deemed applicable to such installation by the COUNTY in its commercially reasonable discretion. Tenant will cooperate with Landlord in connection with any assessment byLICENSEE shall, among other thingsat its sole cost and expense, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each local, State, and Federal statutes, laws, ordinances, and regulations now enforced or which may be enforced pertaining to use of the “Indemnified Parties” (as defined Facility by LICENSEE. C. COUNTY, at its sole cost, shall maintain the Facility, and all of the COUNTY equipment located thereon. LICENSEE shall not be responsible in Section 10.3) in any manner for the manner elsewhere provided in this Lease from any release maintenance and repair of hazardous the Facility or toxic materials caused by Tenant, its agents, employees, contractors, subtenants equipment belonging to COUNTY or other licensees. The foregoing covenants LICENSEE, at its sole expense, shall survive be responsible for the expiration or earlier termination maintenance and upkeep of its own equipment. D. Any improvements installed by LICENSEE at the Facility shall comply with the applicable provisions of the California Environmental Quality Act. E. COUNTY, at its sole discretion, has the right to approve LICENSEE’s contractors and exclude contractors from the Premises for any reason. F. If the Facility is destroyed, COUNTY shall decide, at its sole discretion, whether to replace the Facility. If COUNTY chooses to do so, LICENSEE may be granted the opportunity to reestablish its equipment within the new facility. COUNTY acknowledges that it is extremely important that LICENSEE maintain continuous operation of its equipment. Should damage and destruction of the Facility occur, LICENSEE may be allowed to place temporary equipment at the direction of the COUNTY. Should the damage and destruction be such that COUNTY chooses not to rebuild the Facility, this License will be deemed terminated. G. LICENSEE will negotiate and contract directly with LANDLORD for any LICENSEE use of the tower on the Property. H. As of the date of the execution of this LeaseAgreement the Licensee rack of equipment is located at a temporary location within the shelter. At a future date, LICENSEE will need to relocate this rack to another location within the shelter to be determined by COUNTY. The costs to relocate this equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs. I. Any improvements installed by COUNTY at the Facility that require relocation of LICENSEE equipment will be communicated to LICENSEE at least 60 days prior to required relocation. All costs related to relocating LICENSEE equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs.

Appears in 1 contract

Sources: Communications Site License Agreement

Use. Tenant agrees, from the Commencement Date to the end of the Term, to use and occupy the Premises for general office, research and development, laboratory and manufacturing or other purposes permitted by federal, state and local laws and ordinances. Tenant agrees not to injure, overload or deface the Premises, nor to permit on the Premises any auction sale. Tenant shall use the Premises only for the purposes stated in Item 3 comply with all requirements of public authorities and of the Basic Lease Provisions. 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 Board of Fire Underwriters in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitationconnection with methods of storage, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsand disposal. Tenant shall not do or permit anything to be done in or about the Premises any nuisance, or the emission from the Premises of any objectionable noise, odor or vibration, nor use or devote the Premises or any part thereof for any purpose which will in is contrary-to law or ordinance or liable to invalidate or increase premiums for any way interfere with the rights or quiet enjoyment of other occupants of insurance on the Building or its contents or liable to render necessary any unpermitted alteration or addition to the Project, or use or allow the Premises to be used for any unlawful purposeBuilding, nor shall Tenant commit or. permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit with respect to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not nor generate, handle, store or dispose of any oil, toxic substances, hazardous wastes, or toxic hazardous materials (as such materials may be identified each a "Hazardous Material"), or permit the same in any federal, state or local law or regulation) in on the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies for under this Lease, except in normal quantities so long as such use comports with all compliance with-applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencylaw. Tenant shall alsonot dump, from time to time upon request by Landlordflush or in any way introduce any Hazardous Material into septic, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous sewage or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of other waste disposal systems serving the Premises provided for under this Lease. Tenant shall permit Landlord to enter the Premises for the purpose of testing and of to determine Tenant’s 's compliance with this Section. As part of any the covenants herein contained, each such assessment, Landlord entry shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed be made in a manner that minimizes disruption to Tenantaccordance with Section 4.5 above. Tenant will cooperate with indemnify the Landlord in connection with and its successors and assigns against all claims, loss, cost, and expenses, including, without limitation, attorneys' fees, incurred as a result of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost contamination of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each Building or any portion of the “Indemnified Parties” (as defined in Section 10.3) in Land with Hazardous Materials by the manner elsewhere provided in this Lease from any release of hazardous Tenant or toxic materials caused by Tenant's contractors, its licensees, invitees, agents, servants or employees, contractors, subtenants or licensees. The foregoing covenants and this indemnity shall survive the expiration of the Term or earlier any other termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Altus Pharmaceuticals Inc.)

Use. Tenant shall have the right to use, in common with others so entitled, all Common Areas associated with the Building and located in the Building or on the Property including all hallways, common lavatories, elevators, loading dock, freight elevator, access ways, walkways, courtyards and landscaped areas. Tenant shall have the right in common with others so entitled to use a proportionate share of the Building parking facilities for the parking of automobiles, it being understood and agreed by Tenant however that such parking is on an unreserved and unassigned basis and Landlord does not monitor or supervise use of said parking facilities. Tenant shall use the Premises only premises for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree general offices and other reasonable uses incidental and related thereto, provided 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or use, permit nor suffer anything to be done or anything to be brought into or kept in the premises or about on the Premises Property which will in Landlord's sole judgment occasions discomfort or annoyance to any way interfere with other tenants or occupants of the rights Building and parking area or quiet enjoyment of other occupants which may tend to impair the reputation or appearance of the Building or the Project, Property or use or allow tend to interfere with the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost proper and economic operation of any insurance policy(ies) covering the Building, parking area or the Project and/or their contentsProperty by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any governmental body. Tenant covenants that it will move into the premises promptly at the commencement of the term hereof and, will continuously use and occupy the entire premises, throughout the term hereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply further covenants and agrees that, except temporarily by reason of casualty, taking or loss of access, if it vacates the premises or fails for a period in excess of thirty (30) consecutive days to conduct its business therein at its expense with all present and future lawsany time during the term hereof, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge then all rent and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided escalation payments reserved in this Lease from any release the date of hazardous or toxic materials caused such breach to the expiration date of this lease shall immediately become due and payable by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ascent Pediatrics Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease Provisions. The parties agree that Information and for no other use (including laboratory use) without Landlord's prior written consent, which consent may be granted or denied in Landlord's commercially reasonable discretion, and Tenant shall not cause or permit, nor allow any contrary use shall be deemed of Tenant Parties to cause material and irreparable harm or permit, any hazardous materials (as defined under Applicable Laws, as defined below) to Landlord and shall entitle Landlord to injunctive relief in addition to be brought upon, stored, manufactured, recycled, disposed or used in, on, under or about the Premises, the Building, the Common Facilities or any other available remedyportion of the Project. The uses prohibited under this Lease shall include, without limitation, Tenant's use of the Premises shall be in compliance with and subject to all taws, codes, ordinances, statutes, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and other governmental authorities and all administrative or a judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to or affecting the Project or any portion thereof or the use or operation thereof, whether now existing or hereafter enacted, as the same may be amended from time to time, and all covenants, conditions and restrictions of record, including the CC&Rs and any supplement thereto, now or hereafter recorded in any official or public records that are applicable to the Project or any portion thereof ("Applicable Laws"). Tenant shall be responsible for (i) offices obtaining any permit, business license, certificate of occupancy, or other permits or licenses required by any governmental agency permitting Tenant's use or bureau occupancy of the United States Premises (except that Landlord shall obtain all necessary permits or licenses with respect to the base, shell and core of the Premises to be delivered to Tenant pursuant to Exhibit "B' attached hereto). Tenant shall comply with the rules and regulations (the "Rules and Regulations") attached hereto as Exhibit C, together with such additional and/or modifications to such Rules and Regulations as Landlord may from time to time prescribe; provided, however, that no such additional or modified Rules and Regulations shall have any state material adverse impact on Tenant's use and enjoyment of the Premises or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary materially increase Tenant's costs to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsconduct business in the Premises. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, subject the Premises, the Building, the Common Facilities or any other portion of the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger Landlord or any third party, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, nor or Landlord's failure to enforce, any of the Rules and Regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant shall Tenant permit promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit any waste in the Premises other similar body now or the Projecthereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether the Building or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment any other portion of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 1 contract

Sources: Office Lease (Allos Therapeutics Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States states or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Except as otherwise expressly provided in this Lease, Tenant shall not do perform any work or permit to be done anything which will invalidate or increase the cost of conduct any insurance policy(ies) covering the Building, business whatsoever in the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesother than inside the Premises. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and with any and all federal and state occupational health and safety and handicap access requirementsgovernment mandated energy usage reporting requirements of Landlord. Notwithstanding the foregoing or anything to the contrary contained in this Lease, whether or Landlord, not Tenant’s compliance will necessitate expenditures or interfere , shall be obligated to make and pay for (subject to reimbursement as a Project Cost, as and to the extent allowed under Exhibit B hereto) any and all alterations that are required to comply with its use any and enjoyment all present and future laws, ordinances and requirements of all governmental authorities relating to the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials Base Building and Common Areas (as such materials may be identified terms are hereinafter defined), unless such Alterations are required in any federal, state or local law or regulationconnection with and triggered by (i) in the specific nature of Tenant's use of the Premises (as opposed to office and other uses of the Building or Project without by tenants in general), or (ii) any Alterations or other improvements made to the prior written consent Premises by Tenant, or (iii)"any event of Landlord; provided that the foregoing shall not be deemed to proscribe the use Default by Tenant under this Lease. In addition, Landlord shall be responsible for the cost of customary office supplies in normal quantities so long as such use comports correcting any violations of Title 111 of the Americans with all applicable laws. Tenant agrees that it shall promptly complete and deliver Disabilities Act (ADA) with respect to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence Common Areas of hazardous or toxic materials in the PremisesBuilding. Landlord shall have the right at to contest any such violations in good faith. For purposes herein, "Base Building" shall include the structural portions of the Building, (including without limitation, the foundations, columns, footings, load-bearing and exterior walls, and sub-flooring of the Building) the public restrooms and the base Building mechanical, fire protection, life safety, conveyance, sewage, electrical and plumbing systems and equipment serving the Premises and the Building. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). Pursuant to Section 1938 of the California Civil Code, Landlord hereby provides the following notification to Tenant: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises." If Tenant requests to perform an assessment a CASp inspection of the environmental condition Premises, Tenant shall, at its cost, retain a CASp approved by Landlord, which approval shall not be unreasonably withheld (provided that Landlord may designate the CASp, at Landlord's option, which event Landlord, not Tenant, shall pay for the cost of such inspection) to perform the inspection of the Premises and of Tenant’s compliance at a time agreed upon by the parties. Tenant shall provide Landlord with this Section. As part a copy of any report or certificate issued by the CASp (the "CASp Report") and Tenant shall, at its cost, promptly complete any modifications necessary to correct violations of construction related accessibility standards identified in the CASp Report, but only as and to the extent required above in this Section 5.1. Tenant agrees to keep the information in the CASp Report confidential except as necessary for the Tenant to complete such assessmentmodifications, Landlord shall have the rightand except as may be required by law, upon reasonable prior notice court order or pursuant to litigation; it being understood that Tenant may also release such information to Tenant's attorneys, brokers, members, prospective financial partners and purchasers, tax and financial advisors, lenders and investor, and prospective subtenants and assignees, to enter and inspect the Premises and extent such parties have a need to perform testsknow, provided those tests that such parties are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost informed of the assessment/testing shall be reimbursed by Tenant to Landlord if confidentiality of such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinformation.

Appears in 1 contract

Sources: Sublease (Upwork Inc.)

Use. Tenant 5.1 Lessee (and its permitted assignees and subtenants) shall use the Premises only for the purposes stated general office and administrative, not in Item 3 violation of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises protective or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrestrictive covenants hereinafter referred to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project for no other purpose without the prior written consent of Landlord; provided that the foregoing Lessor which consent shall not be deemed unreasonably withheld, delayed or conditioned. Lessee shall operate its business in the Premises during the entire Lease Term and in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not knowingly permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which unreasonably annoys or disturbs any persons occupying adjacent premises either within or without the Building. 5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to proscribe the use by Tenant Building structure or to any space to such a degree as to be unreasonably objectionable to Lessor or to any tenant, occupant, or other person in the Building. Neither Lessee nor any of customary office supplies in normal quantities Lessee's employees, agents or invitees shall place or maintain within the Premises any stoves, ovens or space heaters, except that Lessee may maintain one (1) microwave oven within the Premises so long as such use comports with microwave oven uses standard 110V electrical service. Lessee shall not make or permit any smoke or odor that is objectionable to the public or to other occupants of the Building, to emanate from the Premises, and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Building. 5.3 Lessee shall cause all applicable laws. Tenant agrees that it shall promptly complete loading and deliver unloading of any goods or materials delivered to Landlord any disclosure form regarding hazardous or toxic materials that may sent from the Premises to be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials done only in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition loading dock area of the Premises and or, if no loading dock area is located at the Premises, then at the loading dock area of Tenant’s compliance with this Sectionthe Building or such other dock area as Lessor may reasonably designate. As part of Under no circumstances shall Lessee allow any such assessment, Landlord shall have the right, upon reasonable prior notice goods or materials delivered to Tenant, to enter and inspect or sent from the Premises and to perform testsbe stored on, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment byaccumulate on or obstruct the loading dock area, among dumpster pad, sidewalks, driveways, parking areas, entrances or other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost public areas or spaces of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines Building or the Property. Lessee acknowledges that Tenant failed to comply with the requirements violations of this Section. In all events Tenant Paragraph 5.3 shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination constitute a material breach of this Lease.

Appears in 1 contract

Sources: Lease (Fundtech LTD)

Use. A. Tenant shall use and occupy the Premises only solely for general office, recruiting and training purposes conducted by the purposes stated in Item 3 Gateway operations acquired under the Asset Purchase Agreement and for no other purpose without the written consent of Landlord. B. Tenant shall not commit nuisance or waste on the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do use or occupy the Premises or use the Building or any portion of either for any unlawful, disorderly, or hazardous purpose, or in a manner that will obstruct or interfere with the rights of other occupants or their invitees or in any way injure or annoy them. Tenant shall not conduct or permit anything to be done any activity, or place any equipment, in or about the Premises which will or the Building that shall in any way interfere with increase the rights or quiet enjoyment rate of other occupants of insurance premiums on the Building or the Project, or use or allow the Premises to be used for on any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste personal property kept in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, or conflict with fire laws or regulations or with any insurance policy on the Project and/or their contentsBuilding or such personal property. Landlord shall have the right to prescribe the maximum weight and position of safes and other heavy equipment or fixtures that Tenant desires to install in the Premises. C. Landlord further covenants and agrees during the Term and any renewals or extensions thereof to use its best efforts to assist Tenant in the procurement of economic development, and shall comply with all applicable insurance underwriters rules. government aid, or similar assistance which may be available for Tenant, including providing any required Landlord consents, verifications, confirmations or certificates on behalf of Tenant not to be unreasonably withheld or delayed. D. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office and cleaning supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such commercially reasonable affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this SectionSection at Landlord’s sole cost and expense. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests (including physically invasive tests), provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The Landlord shall have no liability to Tenant with respect to the results of any such assessments, inspections or tests. Notwithstanding the above, the reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section, and in that event Tenant shall accept custody and arrange for the disposal of any hazardous materials found in the test samples. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease. Landlord hereby represents and warrants to Tenant that, to the best of Landlord’s knowledge, as of the execution of this Lease and as of the delivery of the Premises to Tenant: (a) no hazardous or toxic materials are, will be, or have been stored, treated, disposed of, or incorporated into, on, or around the Premises in violation of any applicable statutes, ordinances or regulations; (b) the premises are in material compliance with all applicable environmental, health, and safety requirements; and (c) any business heretofore operated on the Property has disposed of its waste in accordance with all applicable statutes, ordinances, and regulations. Landlord has no knowledge of any pending or threatened action or proceeding arising out of the condition of the Premises or any alleged violation of environmental, health, or safety statutes, ordinances or regulations. In no event shall Tenant be liable for, or responsible for any remediation efforts related to, hazardous or toxic materials that impact the Premises, Building or Land prior to the Lease Commencement Date or that impact the Premises, Building or Land after the expiration or earlier termination of this Lease. Further, in no event shall Tenant be liable for any contamination arising out of or related to the acts or omissions of Landlord, its agents, employees, contractors and other tenants on the Premises or in the Building or the Land.

Appears in 1 contract

Sources: Lease (MPC Corp)

Use. Tenant (a) Subscriber shall use the Premises Subscription Services only (i) in the ordinary course of Subscriber's internal business and (ii) for purposes and in a manner that is in accordance with applicable federal, state, and local laws, rules, and regulations. (b) Without limiting the foregoing, Subscriber and its employees shall not publish, disclose, or otherwise make public any Personal Information of an Individual obtained through the Subscription Services except as required in the ordinary course of Subscriber’s internal business or by applicable federal, state, and local laws, rules, and regulations. (c) Subscriber shall not, and shall not attempt to, (i) circumvent any of the security features of the Subscription Services, (ii) copy, other than as expressly permitted, all or any portion of the Subscription Services, (iii) modify, create any derivative work of, or translate any portion of the Subscription Services, (iv) reverse engineer, decompile, or disassemble any portion of the Subscription Services, in whole or in part, or otherwise reduce any underlying code to human- perceivable form, (v) use any functionality or feature of the Equipment or the Subscription Services that is not expressly enabled by Raptor for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsSubscriber, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms use the Subscription Services to provide outsourcing, service bureau, similar services, or any other services to Third Parties. (d) To the extent that the Subscription Services include, supply, or provide access, links, or references to Third Party Information, Subscriber's use, distribution, reproduction, display, and dissemination of, or reliance on, such as radio and/or television stations. Tenant Third Party Information shall not do be at Subscriber's sole risk. (e) Subscriber must provide Subscriber's own Internet access and equipment to use the Subscription Services, and such Subscriber-provided access and equipment must meet or permit anything exceed Raptor's then-current configuration specifications set forth in the Raptor Terms of Use and technical specifications. (f) Subscriber agrees to be done notify Raptor promptly in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants writing of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost existence of any insurance policy(ies) covering the Buildingunauthorized access, the Project and/or their contentsdisclosure, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsdistribution, ordinances and requirements of all governmental authorities that pertain to Tenant possession, alteration, transfer, reproduction or its other unauthorized use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether Subscription Services or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment Equipment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasewhich Subscriber becomes aware.

Appears in 1 contract

Sources: Subscription Agreement

Use. Tenant shall To use and occupy the Premises only for the purposes stated Permitted Use only, as applicable, and not to injure or deface the Premises, Building, Office Park or Lot, nor to permit in Item 3 the Premises any auction sale, or inflammable fluids or chemicals, except as expressly authorized or permitted hereunder, or nuisance, or the emission from the Premises of the Basic Lease Provisions. The parties agree that any contrary objectionable noise or odor, nor to 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. The uses prohibited under this Lease shall include, without limitation, use of or devote the Premises or a portion any part thereof for (i) offices of any agency or bureau of purpose other than the United States or Permitted Uses, as applicable, nor any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities use thereof which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere is inconsistent with the rights or quiet enjoyment of other occupants maintenance of the Building or as an office Building and/or office, lab and research Building, as applicable, of first class in the Projectquality of its maintenance, use and occupancy, or use which is improper, offensive, contrary to law or allow the Premises ordinance or liable to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost premiums for any insurance on the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, or its contents or liable to render necessary any alteration or addition to the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any insurance policy(ies) covering additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the Buildingprovisions of this Lease, the Project and/or their contentsincluding, and but not limited to, this Section 5.3. Tenant shall comply with all applicable insurance underwriters rulesstatutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later (“Law(s)”) regarding the operation of Tenant’s business, the use, condition, configuration and occupancy of the 18 C▇▇▇▇▇ Premises and/or the 14 C▇▇▇▇▇ Premises, as applicable, and the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, systems located in or exclusively serving the 18 C▇▇▇▇▇ Premises and/or the 14 C▇▇▇▇▇ Premises, as applicable. In addition, Tenant shall comply shall, at its expense sole cost and expense, promptly comply with all present and future lawsany Laws that relate to the “Base Building” (defined below), ordinances and requirements of all governmental authorities that pertain but only to Tenant or its the extent such obligations are triggered by Tenant’s use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsother than for the Permitted Use, whether as applicable, or not alterations or improvements in the 18 C▇▇▇▇▇ Premises and/or the 14 C▇▇▇▇▇ Premises, as applicable, performed or requested by Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment . “Base Building” shall include the structural portions of the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, the public restrooms and the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, mechanical, electrical and plumbing systems and equipment located in the internal core of the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, on the floor or floors on which the 18 C▇▇▇▇▇ Premises and/or the 14 C▇▇▇▇▇ Premises, as applicable, are located. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall not generateexceed the standard density limit for the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyapplicable. Tenant shall also, comply with the rules and regulations of the Building attached as Exhibit F and such other reasonable rules and regulations adopted by Landlord from time to time upon request by Landlordtime, execute such affidavits concerning Tenant’s best knowledge including rules and belief regarding regulations for the presence performance of hazardous or toxic materials in alterations and the Premises. Landlord shall have rules and regulations for the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseOffice Park.

Appears in 1 contract

Sources: Lease (Quanterix Corp)

Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material used and irreparable harm to Landlord occupied for general business office purposes and shall entitle Landlord to injunctive relief in addition to any as a dry lab, and for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Laws relating to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures use or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition occupancy of the Premises (and of Tenant’s compliance with this Section. As part of make any such assessmentrepairs, Landlord shall have the right, upon reasonable prior notice alterations or improvements to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed as required to comply with the requirements of this Section. In all events Tenant such Laws), and shall indemnify each of observe the “Indemnified PartiesBuilding Rules” (as defined in Section 10.3) 27 - Rules and Regulations), provided, however, in no event shall Tenant be required to make any repairs, alterations, or improvements to the Building or the Building’s systems. Notwithstanding anything to the contrary contained in this Lease, in the event Tenant’s electrical requirements are such that they would necessitate full or partial replacement, upgrades, or any additional work to the electrical system serving the Building, whether located in or outside of the Premises and whether or not serving the Premises, all such work shall be completed at Tenant’s sole cost and expense. 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 or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner elsewhere provided that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in this Lease from the Building. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any release of hazardous the healing arts, providing social services, for any governmental use (including embassy or toxic materials caused by consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord (such consent not to be unreasonably withheld, conditioned, or delayed), (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or 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 jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant, its agents, employees, contractors, subtenants ’s use of electricity shall never exceed the safe capacity of the feeders to the Property or licensees. The foregoing covenants shall survive the expiration risers or earlier termination wiring installation of this Leasethe Building.

Appears in 1 contract

Sources: Lease Agreement (Rockley Photonics Holdings LTD)

Use. Section 3.01. Tenant shall use and occupy the Demised Premises only solely for executive and general business office purposes and as a computer training facility for computer operators, and for no other purpose. Section 3.02. If any governmental license or permit, other than a certificate of occupancy for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use Building, shall be deemed to cause material required for the proper and irreparable harm lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and furnish a photostatic copy thereof to Landlord upon Landlord's request therefor. Tenant shall at all times comply with the terms and conditions of each such license or permit. (a) Any provision hereof to the contrary notwithstanding, Tenant shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, not use of the Demised Premises or a portion any part thereof for or permit the Demised Premises or any part thereof to be used (i) offices for a banking, trust company, depository, guarantee or safe deposit business, (ii) as a savings bank, or as a savings and loan association or as loan company, (iii) for the sale of travelers' checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (iv) as restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, except for vending machines for the sale of prepackaged consumer quantity foods and beverages to Tenant, its employees and guests and a pantry for the preparation of coffee or tea, (vi) as a State of New York accredited school, (vii) by any agency or bureau department of the United States Government or the City or State of New York or any state foreign government or political subdivision thereof; instrumentality, (iiviii) offices for public stenography, (ix) for an employment or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsplacement agency, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vix) communications firms such as radio and/or television stations. for the business of photographic or offset printing. (b) Tenant shall not do suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be done in brought into or about the Premises kept therein. which will would in any way (i) violate any of the provisions of any 'Superior Lease. or 'Superior Mortgage' provided such terms, conditions or provisions are provided to Tenant in advance, as defined herein, the certificate of occupancy for the Demised Premises or the Building or the requirements of public authorities, (ii) cause, or in Landlord's reasonable opinion be likely to cause, physical damage to the Building, (iii) constitute a public or private nuisance, (iv) impair the appearance, character or reputation of the Building, (v) interfere with the rights normal operation of the heating, air-conditioning. ventilating, plumbing or quiet enjoyment of other occupants mechanical or electrical systems of the Building or the Projectelevators installed therein, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(vi) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures impair or interfere with its the use and enjoyment of any of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other areas of the environmental condition Building by, or occasion discomfort, annoyance or inconvenience to, Landlord or any of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost tenants or occupants of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Sources: Lease (New Horizons Worldwide Inc)

Use. Tenant shall use the Premises only solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Section 1.1, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance other purpose or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purposes whatsoever without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use by Tenant of customary office supplies withheld in normal quantities so long as such use comports with all applicable lawsLandlord's sole, absolute and arbitrary discretion. Tenant further covenants and agrees that it shall promptly complete will not use, suffer or permit any person or persons to use the Premises or any part thereof for any use or purpose contrary to the Rules and deliver to Landlord any disclosure form regarding hazardous or toxic materials that Regulations of the Center as set forth in Exhibit "G," as the same may be required amended by any governmental agency. Tenant shall also, Landlord from time to time upon request time, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local, municipal or county governing bodies or any other lawful governmental or quasi-governmental authorities having jurisdiction over the Center, or in violation of any regulations of any insurance carrier providing insurance for the Premises or the Center. Tenant further covenants and agrees that during the Term, the Premises and every part thereof shall be kept by LandlordTenant in a first-class, execute clean and wholesome condition, free of any objectionable noises, odors or nuisances, and that all fire, safety, health and police regulations shall, in all respects and at all times, be fully complied with by Tenant. Landlord represents that it has been advised by the City of Yorba Linda, California ("City"), that (a) the land on which the Premises are located is presently zoned PC Office and Industrial Park Zone, Subcategory C - Industrial Research and Development, and that such affidavits concerning Tenant’s best knowledge zoning was created by the Preannexation and belief regarding the presence of hazardous or toxic materials Development Agreement dated October 11, 1982, recorded in the Official Records of Orange County on October 13, 1982, as Instrument No. 82-360356; (b) a copy of the permitted uses contained in such Preannexation and Development Agreement is attached to this Lease as Exhibit "H"; and (c) to obtain the City's approval of Landlord's working drawings for the proposed improvements to the Premises, Landlord will be required to submit to the City an occupancy letter ("Occupancy Letter") signed by Tenant describing in detail Tenant's proposed use of the Premises, the form and content of which letter will be subject to the reasonable approval of Landlord before it is submitted to the City. If the City refuses to approve the Occupancy Letter within 15 days after it has been submitted, then either Landlord or Tenant shall have the right at any time to perform an assessment of terminate this Lease upon ten days notice to the environmental condition of other party, in which event all funds and documents shall be returned to the Premises party delivering the same and of Tenant’s compliance with this Section. As part of any such assessment, Landlord the parties shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of no further obligations under this Lease.

Appears in 1 contract

Sources: Industrial Building Lease (Celerity Group Inc)

Use. (a) Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises (excluding structural changes to the Project not related to Tenant's particular use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; Premises), and/or (ii) offices improvements installed or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Projectbenefit of Tenant. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable reasonable rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters rules. underwriters, and Tenant shall promptly upon demand and evidence of such increase from Landlord reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the provisions of this Article. (b) Tenant, at its expense sole cost and expense, covenants to conduct its business operations from the Premises strictly in accordance with all present city, county, state and future federal laws, rules, regulations, ordinances and requirements of generally accepted health care industry standards and practices, to the extent same presently exist or may exist in the future (collectively, “Applicable Law”), including but not limited to (i) compliance with any and all governmental authorities Occupational Safety and Health Administration guidelines, rules and standards, and (ii) ensuring that pertain to all waste products, including without limitation, any medical waste, if any, generated by Tenant or its present within the Premises or the Project as a result of Tenant's use of the Premises, are appropriately used, stored, handled, transported and/or disposed of in strict accordance with all Applicable Laws. (c) Tenant hereby agrees, at its sole cost and expense, to comply with any and all procedures, practices, rules, standards, guidelines and/or special precautions which are required by any applicable city, county, state and federal law, regulation, ordinance and/or health care standard and practice, as a result of the particular use of the Premises by Tenant. (d) Tenant agrees not to engage in the practice of abortion services from the Premises. If any of the services provided from the Premises results in protests or demonstrations at the Project, Tenant shall discontinue such services upon notice from Landlord. Tenant agrees not to dispense any drugs for remuneration (including without limitation all federal and state occupational health and safety and handicap access requirements, whether any medicinal marijuana or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premisessimilar substances). Tenant shall not generate, handle, store allow any client or dispose of hazardous patient to reside in or toxic materials (as such materials may be identified in any federal, state or local law or regulation) remain in the Premises on an overnight or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasein-patient basis.

Appears in 1 contract

Sources: Standard Office Lease (Castle Biosciences Inc)

Use. Tenant shall use The Premises are to be used only for general office --- purposes. In addition, the Premises only for the purposes stated in Item 3 may be occupied by no more than five (5) persons per one thousand (1,000) square feet of the Basic Lease Provisionsoffice space (with any fractional product being rounded downward). The parties agree that any contrary use No act 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment causes interruption with any other Building tenant's business, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present and future lawsnot, ordinances and requirements of all governmental authorities that pertain without Landlord's prior consent, such consent not to Tenant be unreasonably withheld, conditioned or its use of the Premisesdelayed, including without limitation all federal and state occupational health and safety and handicap access requirementsinstall any equipment, whether machine, device, tank or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in vessel which is subject to any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing permitting requirement. Tenant, at its expense, shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant agrees that it Tenant, at its expense, shall promptly complete comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and deliver the provisions of any recorded documents now existing or hereafter in effect relating to Landlord any disclosure form regarding hazardous its use, operation or toxic materials that occupancy of the Demised Premises and shall observe such reasonable rules and regulations as may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordsgood order therein. The reasonable current rules and regulations for the Building are attached hereto as "Exhibit F". Without limiting the foregoing, --------- Tenant agrees to be wholly responsible at Tenant's sole cost of and expense for any accommodations or alterations which need to be made to the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Demised Premises to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” (Americans With Disabilities Act of 1990, as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseamended.

Appears in 1 contract

Sources: Lease Agreement (Naviant Inc)

Use. Section 5.01 Tenant shall use and occupy the Premises only for the purposes stated in Item 3 Permitted Use, and for no other purpose. Tenant shall not use or occupy, or permit the use or occupancy, of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use part of the Premises or a portion thereof for in any manner which in Landlord’s reasonable judgment is not within the customary scope of the Permitted Use and would adversely affect (i) offices the proper and economical rendition of any agency or bureau of the United States or service required to be furnished to any state or political subdivision thereof; tenant, (ii) offices or agencies the use of any foreign governmental or political subdivision thereofpart of the Building by any other tenant; (iii) offices the efficient operations of any health care professionals the Building; or service organization; (iv) schools, temporary employment agencies the appearance or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsreputation of the Building. Tenant shall not at any time use or occupy, or permit anyone to use or occupy the Premises, or do or permit anything to be done in or about the Premises which will Premises, in any way interfere with the rights or quiet enjoyment of other occupants violation of the Building certificate of occupancy for the Building. Section 5.02 If any governmental license or permit, other than a certificate of occupancy, shall be required for the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste proper and lawful conduct of Tenant’s business in the Premises or any part thereof at any time, then Tenant shall, at its sole cost and expense, procure and thereafter maintain such license or permit and submit the Projectsame to Landlord for inspection. Tenant shall not do at all times comply with the terms and conditions of each such license and permit, but in no event shall failure or inability to procure or maintain such license or permit by Tenant affect Tenant’s obligations hereunder. Landlord shall cooperate with Tenant in applying for any permits required for Tenant’s use, including initial building permit for Tenant’s Work, but shall not be required to incur any costs or expenses in connection therewith, nor shall Landlord be done anything which will invalidate responsible in any way to pursue or increase procure any such licenses or permits; it being Tenant’s sole responsibility and sole risk. Section 5.03 There shall be no separate food use or preparation on the cost Premises (i.e. for Tenant’s employees’ consumption) that requires any special ventilation or exhaust system, cooking facilities (other than microwaves, coffee makers and vending machines in the kitchenette areas) or special refuse removal. There shall be no use of any insurance policy(iestoaster ovens or other kitchen equipment (e.g. popcorn in microwave ovens) covering that has a tendency to set off smoke/fire alarms. Section 5.04 Tenant may, to the Building, the Project and/or their contentsextent provided in Tenant’s Approved Plans, and otherwise with the consent of Landlord, which shall not be unreasonably withheld, install, maintain, or operate in the Premises telecommunications interconnect systems and data processing, computer, and other business machines customarily used in offices; provided, however, Tenant shall comply with all of the terms of this Lease that may be applicable insurance underwriters rulesto such installation, maintenance or operation and shall give Landlord prior notice of the installation thereof, except that no such notice shall be required for any such installation as part of Tenant’s Work. If and to the extent Tenant utilizes any space on the roof of the Building pursuant to any rights conferred upon Tenant herein, it shall comply with the following requirements at all times and in all respects. A. Tenant’s right to make and maintain any installations on the roof shall be subject to the reasonable approval rights of Landlord and Landlord’s architect with respect to the plans and specifications for such equipment, facilities and installations the “Rooftop Facilities”, including, without limitation: (i) the size, height and dimensions of the Rooftop Facilities; (ii) the manner in which the Rooftop Facilities are attached to the roof of the Building (including water penetration prevention) and the manner in which any cables are run to and from the Rooftop Facilities and the routing and manner of installation of cables, conduits and lines through the Building core shafts to and from the Premises and Rooftop Facilities. Tenant shall comply at its expense with be solely responsible for obtaining all present necessary governmental and future lawsregulatory approvals and for the cost of installing, ordinances operating, maintaining and requirements of all governmental authorities that pertain to Tenant or its use removing of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant Rooftop Facilities. B. Landlord agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the rightthat, upon reasonable prior notice to Landlord, Tenant shall have access to the Rooftop Facilities space and other areas of the Building where Tenant’s cables and other items of Rooftop Facilities are installed whenever reasonably required for the purpose of installing, maintaining, repairing, replacing and removing the Rooftop Facilities, provided that, in the event of an emergency, Landlord will use reasonable efforts to provide Tenant with immediate access to the roof space and such other necessary areas. Only authorized engineers, employees or properly authorized contractors of Tenant, licensed inspectors or persons under their direct supervision will be permitted to enter have access to the roof space through the Tenant. Tenant further agrees to exercise firm control over the people requiring access to the roof space in order to keep to a minimum the number of people with access and inspect the Premises frequency of their visits. C. Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Rooftop Facilities will in no way damage the Building or roof thereof, or materially interfere with the use of the Building and roof by Landlord. Tenant agrees to perform testsbe responsible for any damage caused to the roof or any other part of the Building, provided those tests are which may be caused by Tenant or any of its agents or representatives. D. All Rooftop Facility installations and operations in connection with by Tenant shall meet with all applicable rules and regulations of the Federal Communications Commission (“FCC”) and all applicable federal, state and municipal codes and regulations. Landlord assumes no responsibility for the licensing, operation and/or maintenance of Tenant’s Rooftop Facilities and Tenant has the sole responsibility of carrying out the terms of any applicable communication licenses in all respects. E. Tenant shall be solely responsible for the cost of installation, operation, cleanliness, maintenance and removal of the Rooftop Facilities and their appurtenances, all of which shall remain the personal property of Tenant, and which shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes or penetrations to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Such maintenance and operation shall be performed in a manner that minimizes disruption to Tenantavoid any interference with any other tenants or Landlord. Tenant agrees to maintain all of Tenant’s equipment placed on or about the roof in proper operating condition and maintain same in satisfactory condition as to appearance and safety. Tenant agrees that at all times during the term of this Lease, it will cooperate keep the Rooftop Facilities totally free of all trash, debris, or waste materials. F. Tenant must provide Landlord with prior notice of any Rooftop Facility installation, removal or repair and coordinate such work with Landlord in connection order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with any assessment byrespect to the roof. In the event Landlord contemplates an of its own roof repairs that may interfere with the Rooftop Facilities, among other thingsLandlord shall formally notify Tenant at least ten (10) days in advance prior to the commencement of such contemplated work; provided that, promptly responding in the event of an emergency, Landlord shall not be required to inquiries give Tenant ten (10) days’ notice but, in good faith, shall give Tenant as much notice and providing relevant documentation and records. The reasonable cost information as is reasonably possible considering the nature of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseemergency.

Appears in 1 contract

Sources: Lease Agreement (Carbonite Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do perform any work or permit to be done anything which will invalidate or increase the cost of conduct any insurance policy(ies) covering the Building, business whatsoever in the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesother than inside the Premises. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. , provided, however, that if: (i) such compliance would apply to all similar buildings and is not due to Tenant’s particular manner of use of the Premises, and (ii) such improvements have a useful life that extends beyond the Term, then Landlord shall construct such improvements and Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may only be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided obligated to pay an amortized portion on a monthly basis based on that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment portion of the environmental condition of useful life that occurs during the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseTerm.

Appears in 1 contract

Sources: Lease (Meade Instruments Corp)

Use. Tenant Sublessee shall use and occupy the Subleased Premises only for the purposes stated in Item 3 permitted under the Prime Lease and for no other purpose. Sublessee shall observe and comply with all Rules and Regulations of the Basic Lease ProvisionsBuilding. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Sublessee shall not do use, generate, store, treat, dispose of, or permit anything to be done in otherwise introduce into, on or about the Subleased Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeHazardous Substances (as hereinafter defined), nor shall Tenant Sublessee cause or permit any nuisance other person or commit entity to do so. Hazardous Substances means any hazardous waste, hazardous substance, pollutant, contaminant, biological waste or solid waste as defined in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingComprehensive Environmental Response, the Project and/or their contentsCompensation and Liability Act, 42 U.S.C. §9601 et seq., and shall comply with all any other applicable insurance underwriters rules. Tenant shall comply at its expense with all present federal, state or local laws or ordinances, and future lawsin the rules and regulations thereunder, ordinances and requirements of all governmental authorities that pertain as may be amended, supplemented or superseded from time to Tenant or its use of the Premisestime, including without limitation all federal and state occupational health and safety and handicap access requirementsany polychlorinated biphenyls (PCB's), whether urea formaldehyde, asbestos or not Tenant’s compliance will necessitate expenditures petroleum or interfere with its use and enjoyment petroleum containing products or any other substance which may at any time be a violation or support a claim or cause of the Premises. Tenant shall not generate, handle, store action for liability under common law or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law health, safety, or environmental statute, regulation) , ordinance or other environmental regulatory requirement, whether currently or as a result of future removal. Sublessee agrees to clean up Hazardous Substances on the Subleased Premises, if caused or permitted by Sublessee (or if Sublessee shall be otherwise responsible therefor), in the Premises or Project without the prior written consent of Landlord; provided that the foregoing a manner which shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable lawsall health, safety and environmental laws and requirements. Tenant agrees that it Upon request, Sublessee shall promptly complete cooperate with Sublessor and deliver Prime Landlord in furnishing to Landlord a governmental authority any disclosure form regarding hazardous or toxic materials that information which may be required by any governmental agency. Tenant shall alsoregarding all health, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge safety and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordsmatters. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements provisions of this Section. In Paragraph regarding all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenanthealth, its agents, employees, contractors, subtenants or licensees. The foregoing covenants safety and environmental matters shall survive the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Syscomm International Corp)

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

Appears in 1 contract

Sources: Lease Agreement (Prometheus Laboratories Inc)

Use. (a.) Tenant shall use not do or permit to be done in or about the Premises only for Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the purposes stated standard form of fire insurance policy, or would in Item 3 any way increase the existing rate of or affect any fire or other insurance upon the Basic Lease Provisions. The parties agree that Building or any contrary use shall be deemed to of its contents, or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices cancellation of any agency or bureau of insurance policy covering the United States Building or any state part thereof or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits contents. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights or quiet enjoyment of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit waste in, on or about the Premises. (b.) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any waste in Hazardous Materials (as defined below), in, on, or about the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Building by Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants licensees, subtenants, customers, guests or licenseesinvitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). The foregoing covenants Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Paragraph shall survive the expiration or earlier other termination of this Lease. For purposes of this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos containing materials, PCB's, CFC's, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials.

Appears in 1 contract

Sources: Office Lease (Northpoint Communications Group Inc)

Use. Tenant The Premises shall use the Premises be used only for the purpose of general office use, receiving, storing, servicing, shipping, product preparation, grocery store services (other than on-site retail) and selling (other than by on-site retail) products, materials, alcoholic beverages and merchandise made and/or distributed by Lessee and for such other lawful purposes stated as may be incidental thereto. Outside storage, (excluding storage of trucks and other vehicles and the washing thereof) at any time is prohibited without Lessor's prior written consent. Lessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for such use (including, but not limited to, a Certificate of Occupancy), in Item 3 regard to Lessee's tenant improvements, if required), shall at all times maintain the Premises in a clean, healthful and safe condition and comply with all governmental laws, codes, ordinances, regulations or any other applicable authorities with regard to the use, condition or occupancy of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall includePremises including, without limitation, the ADA. Lessee shall be responsible, at Lessee's sole cost and expense, for the correction, prevention, and abatement of nuisances in or upon, or connected with, the Premises to the extent caused by Lessee. Lessee shall not permit any unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, vibrations, or pest infestations to emanate from the Premises, nor take any other action that would constitute an unreasonable nuisance or would unreasonably disturb, unreasonably interfere with, or endanger Lessor or any other lessees of the building or project of which the Premises are a part, excepting pre-existing conditions and Substances. Lessee's use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere at all times comply with the rights or quiet enjoyment of other occupants of insurance provisions in Paragraph 9C hereof. Lessee agrees that the Building or the Projectpoint pressure resulting from Lessee's racking system, or use or allow the Premises inventory, forklifts and equipment pertaining to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its Lessee's use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or Premises shall not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment exceed allowable design floor loading for floor slabs on grade (provided Lessor shall inform Lessee in writing of the Premisesallowable design floor loading). Tenant Lessee shall not generatehold harmless Lessor from any loss, handleliability, store or dispose of hazardous or toxic materials (as such materials may be identified in any federaland expenses, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete both real and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoalleged, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part arising out of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed damage or repair caused by Tenant to Landlord if such assessment/testing determines that Tenant failed Lessee's negligence or failure to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseparagraph.

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "PERMITTED USE") and shall entitle Landlord comply, at Tenant's expense, with all Laws relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use alteration, improvement, access to, and occupancy of the Premises to the extent that such laws relate to or a portion thereof for are triggered by (ia) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its Tenant's particular use of the Premises, including without limitation all federal (b) the Tenant Improvements located on the Premises, or (c) any Alterations located on the Premises. Should any Law, standard or regulation now or hereafter be imposed on Tenant or Landlord by any governmental body concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health and safety and handicap access requirementsexpense, whether to comply promptly with such Laws, standards or not regulations to the extent that such laws relate to or are triggered by (a) Tenant’s compliance will necessitate expenditures 's particular use of the Premises, (b) the Tenant Improvements located on the Premises, or interfere with its use and enjoyment of (c) any Alterations located on the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder on or about the Project or (b) not create any nuisance or unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project. "HAZARDOUS MATERIAL" means any hazardous, store or dispose of hazardous explosive, radioactive or toxic materials (as such materials may be identified in any federalsubstance, state material or local law waste which is or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required becomes regulated by any local governmental agency. Tenant shall alsoauthority, from time to time upon request by Landlordthe state in which the Project is located, execute such affidavits concerning Tenant’s best knowledge and belief regarding or the presence of United States, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform Law, (ii) petroleum or a petroleum derivative, (iii) a flammable explosive, (iv) a radioactive material, (v) a polychlorinated biphenyl, (vi) asbestos or an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentasbestos derivative, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in or (vii) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 1 contract

Sources: Office Lease (Star Telecommunications Inc)

Use. Tenant shall use the The Premises only are to be used solely for the purposes stated in Item 3 Paragraph 1.8 and Paragraph 6 of the Basic Lease Provisionsthis Lease. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other Lessees or occupants of the Building and Industrial Center or the Projectinjure, annoy, or use disturb them or allow the Premises to be used for any unlawful improper, immoral, unlawful, or objectionable purpose. Lessee shall not do, permit or suffer in, on or about the Premises the sale of any alcoholic liquor without the written consent of Lessor first obtained, or the commission of any waste. Lessor shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon, or in connection with, the Premises, all at Lessee's sole expense. Lessee shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or the Industrial Center or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or the Industrial Center or any part thereof. Lessee shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building and the Industrial Center any (collectively "Hazardous Material") flammables, explosives, radioactive materials, hazardous waste or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulation issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant Lessee suffer or permit any nuisance or commit Hazardous Materials to be used in any waste manner not fully in compliance with all Environmental Laws, in the Premises or the ProjectBuilding and the Industrial Center appurtenant land or allow the environment to become contaminated with Hazardous Materials. Tenant Notwithstanding the foregoing, and subject to Lessor's prior consent, Lessee may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Lessee shall not do or permit to be done anything which will invalidate or increase the cost always handle, store, use, and dispose of any insurance policy(iessuch Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building or Industrial Center and appurtenant and or the environment. Lessee shall protect, defend, indemnify and hold each of the Lessor Entities (as defined in Paragraph 30) covering the Buildingharmless from and against any and all of loss, the Project and/or their contentsclaims, liability or costs (including court costs and shall attorney's fees) incurred by reason of any actual or asserted failure of Lessee to fully comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsEnvironmental Laws or the presence, ordinances and requirements of all governmental authorities that pertain to Tenant handling, use or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether disposition in or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in from the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with any Hazardous Materials (even though permissible under all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous Environmental Laws or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination Provisions of this Lease), or by reason of any actual or asserted failure of Lessee to keep, observe, or perform any provision of this section.

Appears in 1 contract

Sources: Standard Industrial/Commercial Tenant Lease Net (Emergent Group Inc/Ny)

Use. (a) Tenant shall occupy, operate and use the Premises only for the purposes stated in Item 3 Permitted Uses during Business Hours (as hereinafter defined) of the Basic Lease ProvisionsBuilding. The parties agree that any contrary Tenant shall comply with all governmental laws, ordinances and regulations (including, but not limited to, the Americans with Disabilities Act of 1990), now or hereinafter enacted (“Laws”) applicable to the Premises, Tenant’s occupancy, 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. The uses prohibited under this Lease shall include, without limitation, or manner of use of the Premises and shall promptly comply with all governmental orders and directives at Tenant’s sole expense. 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 which would constitute a portion thereof for nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises or the Common Areas. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. (b) Tenant shall not use, handle, store, discharge or fabricate any Hazardous Substances (as hereinafter defined) in the Premises. The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes or pollutants or contaminants, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance, statute, rule, regulation or directive promulgated by any governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that: (i) offices of no activity will be conducted on the Premises that will produce any agency or bureau of the United States or any state or political subdivision thereofHazardous Substance; (ii) offices or agencies the Premises will not be used in any manner for the storage of any foreign governmental or political subdivision thereofHazardous Substances except for the temporary storage of such materials as are customarily used in general business offices in office buildings of this type (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) offices of Tenant will not permit any health care professionals Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or service organization; (iv) schoolsfound located thereon, temporary employment agencies or other training facilities which are not ancillary the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to corporateall Environmental Laws. Furthermore, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use any part of the Premises or permit anything the Park without the written consent of Landlord and lender, for any dry cleaning activities involving chlorinated solvents or use chlorinated solvents in the operation of its business, except for products typically used in offices or restaurants, in which case, all of the removal, disposal and indemnification provisions of this Lease shall apply. If, at any time during or after the Term, the Premises are found to be done so contaminated or subject to said conditions as a result of a condition caused by Tenant only. Tenant agrees to indemnify and hold Landlord, its trustees, partners, affiliates, shareholders, officers, directors, employees, agents, contractors and the Manager (“Indemnitees”) harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the presence or the use of Hazardous Substances in or about the Premises which by Tenant. (c) Tenant will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance manner (including without limitation any method of storage) which would render the insurance thereon void or commit the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any waste sprinkler credits. If any increase in the Premises fire and extended coverage insurance premiums paid by Landlord or other tenants for the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Building is caused by Tenant’s use and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal or if Tenant vacates the Premises and state occupational health and safety and handicap access requirementscauses an increase in such premiums, whether then Tenant shall pay the amount of such increase to Landlord as Additional Rent. (d) If Tenant shall receive notice of any violation of, or not defaults under, any Laws or Environmental Laws, liens or other encumbrances applicable to the Premises, Tenant shall give prompt notice thereof to Landlord. (e) Tenant agrees that the floor load resulting from Tenant’s compliance will necessitate expenditures furniture, inventory and equipment pertaining to Tenant’s use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant’s negligence or failure to comply with this Subparagraph (e). (f) The Premises shall not be used for any purpose that would, in Landlord’s reasonable judgment, create unreasonable or excessive elevator or floor loads, violate the certificate of occupancy of the Building, impair or interfere with its use and enjoyment any of the Premises. Tenant shall not generateBuilding operations or the proper and economic heating, handleair-conditioning, store cleaning or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other services of the environmental condition Building or impair the appearance of the Premises and Building. (g) The provisions of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants Paragraph 4 shall survive the expiration termination or earlier termination expiration of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable. B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s). C. LESSEE shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by LESSEE’s use, abuse, or misuse of the PREMISES. The parties agree that LESSEE shall at all times maintain the PREMISES and any contrary use airport grounds used in conjunction with LESSEE’s operations in a clean and orderly manner. No junk, trash, refuse, material, substance or discharge of any kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises exist or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. LESSEE’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to LESSOR’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long term storage is permitted outside of the hangar. D. LESSEE shall keep the hangar and the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom. E. LESSEE agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of aircraft from the AIRPORT, or quiet enjoyment of other occupants that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of LESSEE. F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances other than that contained within the aircraft itself. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by LESSOR, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed. G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials damage caused by Tenant, its agents, employees, contractors, subtenants negligence or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasemisuse by its invitees.

Appears in 1 contract

Sources: Hangar Agreement

Use. Tenant The Premises shall use the Premises be used and occupied only for the purposes stated uses set out in Item 3 of the Basic Lease ProvisionsInformation and for no other purpose without prior written approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. 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. The uses prohibited under this Lease shall include, without limitation, In connection with its use of the Premises or a portion thereof for (i) offices and after commencement of the Lease, Tenant shall, at Tenant's expense, comply with all applicable laws, ordinances, and regulations of any agency or bureau public authority, including, but not limited to, those requiring alterations of the United States Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsnoise to be emitted from the Premises, temporary employment agencies shall store no gasoline or other training facilities highly combustible materials on the Premises which are not ancillary to corporatewould violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such unless Tenant pays the increased cost thereof. Landlord hereby confirms that Tenant's use as radio and/or television stationsdescribed in this Lease conforms with all rules and regulations. Tenant shall not do store, use or permit anything deposit, or cause to be done in stored, used or about deposited, on the Premises which will or anywhere in the Building, any way interfere environmentally hazardous or potentially environmental hazardous materials or substance, except those ordinarily used in offices, and in accordance with all applicable laws, rules, regulations, etc., and shall not overload the rights floors or quiet enjoyment electrical circuits of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of approve, such approval not to be unreasonably withheld, delayed or conditioned, the environmental condition of the Premises and of Tenant’s compliance with this Section. As part installation of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical installations, an architect or engineer whose opinion will control regarding floor loads, and a certified industrial hygienist to Landlord if such assessment/testing determines that Tenant failed evaluate materials to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) be used or stored in the manner elsewhere provided in this Lease from any release of hazardous Building or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive on the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Sources: Industrial Lease (Convera Corp)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated purpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and no other purpose. Tenant shall not do, keep or permit to be done or kept in Item 3 or about the Premises: (i) anything which is prohibited by or will in any way increase the existing rate of or cause the Basic Lease Provisions. The parties agree that cancellation of any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of insurance covering the Premises or a portion thereof for (i) offices any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any agency or bureau article which may be prohibited by the standard form of the United States or any state or political subdivision thereoffire insurance policies; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment and related rights of other occupants of the Building or the Projectneighboring buildings, or use injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance to exist in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord’s prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling, roof in places which might endanger or permit damage the same; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant nor on or its use of about the Premises, including without limitation all federal the Building nor such land except for ordinary office supplies and state occupational health janitorial cleaning materials which in common business practice are customarily and safety lawfully used stored and handicap access requirementsdisposed of in small quantities; nor overload any electrical, whether mechanical, HVAC, plumbing, sprinkler, or not Tenant’s compliance will necessitate expenditures other systems. No waste materials or interfere with its use and enjoyment refuse shall be permitted to remain upon any part of the Premises nor outside of the Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the Building proper in places designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generate, handle, store place anything or dispose of hazardous allow anything to be placed on or toxic materials (as such materials near any window or door which may be identified seen from outside the Premises, except as may be approved in any federalwriting by Landlord. No loudspeaker or other device, state system or local law or regulation) in apparatus which can be heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in about the Premises. Tenant covenants and agrees that no diminution of light, air or view by any object or structure, nor use by others shall in any way affect this Lease, entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction of record affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Sources: Lease Agreement (Anda Networks Inc)

Use. (A) Tenant may use and occupy the Premises for general office use and equipment and appliance repair and testing and any other similar lawful purposes, provided, however, such equipment and appliance repair shall be conducted only on the first floor of the Building and such equipment and appliances shall be delivered to the Building only by Tenant’s employees or commercial delivery service through the existing docks servicing the Building. Tenant may also use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use similar lawful purposes to those stated above with the prior written approval of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsLandlord. Tenant shall not use or permit upon the Premises any retail sales or retail warranty service operation or anything that will invalidate any policies of insurance now or hereafter carried on the Building, materially impair the value of the Building and Premises or any part thereof or materially increase the dangers, or pose unreasonable risk of harm, to third parties (on or off of the Premises) arising from activities thereon. Tenant will pay all extra insurance premiums which may be caused by the use which Tenant shall make of the Premises. Tenant will not in any manner deface or injure the Building or any part thereof or overload the floors of the Premises. Tenant will not do anything or permit anything to be done in or about upon the Premises which will in any way interfere with tending to create a public or private nuisance, or tending to disturb any other tenant in the rights Building or quiet enjoyment the occupants of other occupants neighboring property or tending to injure the reputation of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectthereon. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, promptly and shall fully comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present governmental, health and future laws, ordinances police requirements and requirements of all governmental authorities that pertain to Tenant or regulations respecting its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether . Tenant will not use the Premises for lodging or not Tenant’s compliance will necessitate expenditures sleeping purposes or interfere with its use and enjoyment of the Premisesfor any immoral or illegal purposes. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may conduct nor permit to be identified in any federal, state or local law or regulation) in conducted on the Premises any business which is contrary to any of the laws of the United States of America or Project without of the prior written consent State of Landlord; provided Illinois or which is contrary to the ordinances of the City of Elgin. Tenant shall not at any time manufacture, sell, or give away, and shall not at any time permit the manufacture, sale, or gift of any spirituous, fermented, intoxicating or alcoholic liquors or controlled substances on the Premises, except that the foregoing shall not be deemed to proscribe prohibit the occasional use by Tenant of customary office supplies in normal quantities alcoholic beverages for entertainment purposes, so long as such Tenant has in full force and effect (and delivered to Landlord a certificate of insurance therefor) a policy of host liquor liability or dram-shop insurance in form and amounts at all times reasonably satisfactory to Landlord. Tenant shall not at any time sell, purchase or give away, or permit the sale, purchase or gift of, food in any form on the Premises, except for coffee service and vending machines for its employees or as otherwise permitted by rules and regulations. The foregoing use comports with all applicable laws. prohibitions shall be deemed to apply to any subtenant or assignee of Tenant without requirement of further or additional notice. (B) Tenant agrees that it will not use, handle, generate, treat, store or dispose of, or permit the handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises now or at any future time during the Term of the Lease in violation of applicable laws and will indemnify, defend and save Landlord harmless from any and all actions, proceedings, claims, costs, expenses and losses of any kind, including, but not limited to, those arising from injury to any person, including death, damage to or loss of use or value of real or personal property, and costs of investigation and cleanup arising as a result of the use of Hazardous Materials on the Premises by Tenant or its subtenants and assigns during the Term hereof. The term “Hazardous Materials”, when used herein, shall promptly complete and deliver include, but shall not be limited to, any substances, materials or wastes to Landlord the extent quantities thereof are regulated by the City of Elgin or any disclosure form regarding hazardous other local governmental authority, the State of Illinois, or toxic materials the United States of America because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be required by hazardous to human health or the environment, including asbestos and including any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended, 49 C.F.R. 172.101, or in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. subsections 9601 et seq., or the Resources Conservation and Recovery Act, as amended, 42 U.S.C. subsections 6901 et seq., or any other applicable governmental agencyregulation imposing liability or standards of conduct concerning any hazardous, toxic or dangerous substances, waste or material, now or hereafter in effect. Tenant shall alsodoes hereby indemnify, defend and hold harmless the Landlord and its agents and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees and Landlord’s lender or lenders holding a mortgage on the Property from time to time upon request by Landlordall fines, execute such affidavits concerning suits, procedures, claims and actions of every kind, and all costs associated therewith (including reasonable attorneys’ and consultants’ fees) arising by, through or under Tenant’s best knowledge , its agents, subtenants, assigns, employees, contractors, servants and belief regarding invitees and out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs during the presence Term of hazardous this Lease, at or toxic materials in from the Premises. Landlord shall have the right , or which arises at any time from Tenant’s use or occupancy of the Premises, or from Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities. Landlord agrees and acknowledges that the foregoing indemnity by Tenant does not apply to any liability arising from the acts or omissions of Landlord or other Tenants or occupants of the Building or the agents or employees of any of the foregoing. Tenant’s obligations and liabilities under this paragraph shall survive the expiration of the Term of this Lease. Tenant acknowledges that it has had ample opportunity to inspect the Premises and perform an assessment of any environmental assessments it considers appropriate to determine the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of Premises, that Tenant has not relied on any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost representation of the assessment/testing shall be reimbursed by Tenant to Landlord if regarding such assessment/testing determines condition, and that Tenant failed to comply with has consulted its own experts and independently satisfied itself regarding the requirements of this Section. In all events Tenant shall indemnify each environmental condition of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)

Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises in a careful, safe, and proper manner. TENANT will, at TENANT’s sole expense, only use and cause or permit the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any and all applicable municipal, county, state and federal laws, rules, directives, ordinances and regulations, permits, the purposes stated requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of LANDLORD’s engineers and/or consultants, relating in Item 3 any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and any covenants, conditions or restrictions of record, including without limitation all zoning, building and other codes, and the Americans with Disabilities Act, as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Basic Lease ProvisionsLeased Premises. TENANT will not commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises. TENANT will conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. The 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. The uses prohibited under this Lease term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Premises comfortable enjoyment of life or a portion thereof for property. Within ten (10) days after receipt, TENANT shall deliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) offices any notices alleging violations respecting the project and/or the Leased Premises of any agency or bureau of the United States or any state or political subdivision thereofApplicable Requirements; (ii) offices any notices of claims made or agencies threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any foreign governmental or political subdivision thereofApplicable Requirements; and (iii) offices any notices of any health care professionals governmental or service organization; (iv) schools, temporary employment agencies regulatory actions or other training facilities which are not ancillary investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to corporate, executive all or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants portion of the Building Leased Premises and/or the project. Notwithstanding any other terms or the Projectconditions in this lease, under no circumstances will Tenant store, deliver, or use dispense marijuana or allow products related to the Premises medical marijuana industry; to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost so is an Event of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with Default under this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (lease as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseArticle 24.

Appears in 1 contract

Sources: Standard Business Park Lease (Sonendo, Inc.)

Use. Tenant shall use and occupy the Premises only for the purposes stated use set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe the rights of other tenants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or a portion thereof for (i) offices of any agency or bureau the Project excluding structural changes to the Project not related to Tenant's particular use of the United States or any state or political subdivision thereof; Premises, and (ii) offices improvements installed or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Projectbenefit of Tenant. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters rulesunderwriters. Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply at its expense with all present and future laws, ordinances and the provisions of this Article. Landlord represents that Landlord has taken or shall take the necessary steps to comply with what Landlord reasonably believes are the requirements of all governmental authorities that pertain to Tenant or its use ADA in effect as of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment date of this Lease as it pertains to the Premisescommon areas within the Project. Tenant Operating Costs shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in include any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use cost incurred by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of upgrading the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Project to comply with the requirements of this Section. In all events Tenant shall indemnify each the ADA that are in effect as of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination date of this Lease, including penalties or damages incurred due to such noncompliance.

Appears in 1 contract

Sources: Standard Office Lease (Investment Technology Group Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material general office purposes, --- computer and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includetelecommunications equipment room (including, without limitation, collocation services to Tenant's customers) and for no other use or purpose without the prior written consent of Landlord. Except as otherwise permitted in this Lease, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Landlord represents to the best of its knowledge and belief that applicable governmental laws, ordinances and regulations permit the use of the Premises or a portion thereof for (i) general offices of any agency or bureau and computer and telecommunications equipment room, and that the Premises is in compliance with all such applicable laws, ordinances and regulations. During the Demised Term, Landlord shall comply with all such applicable governmental laws, ordinances and regulations regarding the Premises, the Building and the Land except to the extent Tenant must comply under this Paragraph. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its specific use of the United States Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant or any state its agents, employees, customers or political subdivision thereof; (ii) offices invitees in or agencies of any foreign governmental upon, or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsconnected with, temporary employment agencies or other training facilities which are not ancillary to corporatethe Premises, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsall at Tenant's sole expense. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous (unless Tenant agrees to pay any increased premiums) or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do use the Premises for the generation, storage, transportation or permit to be done anything which will invalidate disposal of dangerous, toxic or increase the cost of any insurance policy(ies) covering the Buildinghazardous materials, the Project and/or their contentschemicals, wastes or similar substances; provided, however, that Tenant may use materials or substances in small quantities as are typically used in an office building and in a telecommunications and computer equipment room, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present materials required for cleaning and future laws, ordinances maintaining computer and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal telecommunications equipment and state occupational health batteries and safety fuel for Tenant's equipment and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasefixtures.

Appears in 1 contract

Sources: Lease Agreement (Inflow Inc)

Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed used and occupied for general business office and administrative purposes, manufacturing and warehousing, research and development and for other legal related uses incidental to cause material the operation of a medical instrumentation company, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Laws relating to Tenant Tenant’s use or its use occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether except that repairs or not Tenant’s compliance will necessitate expenditures or interfere alterations required to comply with its use and enjoyment of Laws generally applicable to the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises for use as office space, and of not required or caused by Tenant’s compliance with this Section. As part of particular use or activities or by any such assessment, Landlord shall have the right, upon reasonable prior notice to Alterations made or proposed by Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed made by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with (and the requirements of this Section. In all events Tenant cost thereof shall indemnify each of be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above), and shall observe the “Indemnified PartiesBuilding Rules” (as defined in Section 10.3) 27 - Rules and Regulations). 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 or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner elsewhere provided that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in this Lease the Project. Without limiting the foregoing, the Premises shall not be used to manufacture goods or products, for educational activities, practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Notwithstanding the foregoing, Tenant (including its Affiliates) shall have the right to use from any release time to time a portion of hazardous or toxic materials caused by the Premises for training sessions for Tenant, its agents, ’s employees, contractors, subtenants or licensees. The foregoing covenants shall survive and customers so long as the expiration or earlier termination number of people attending such training at any given time comply with the parking limitations contained in Section 35 of this Lease. Tenant shall not, without the prior consent of Landlord, bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. Tenant shall honor and comply with the terms of all recorded covenants, conditions and restrictions relating to the Property.

Appears in 1 contract

Sources: Sublease Agreement (Fox Hollow Technologies Inc)

Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Permitted Use, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises by Tenant's Occupants which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or may (a) increase the cost existing rate or violate the provisions of any insurance policy(iescarried with respect to the Shopping Center; (b) covering create a public or private nuisance, commit waste or interfere with, annoy or disturb any other tenant or occupant of the BuildingShopping Center or Landlord in the operation of the Shopping Center; (c) overload the floors or otherwise damage the structure of the Shopping Center; (d) constitute an improper, the Project and/or their contentsimmoral or objectionable purpose; (e) violate any present or future governmental or quasi-governmental laws, ordinances, regulations or requirements or any covenants, conditions, and shall comply restrictions existing with all applicable insurance underwriters rulesrespect to the Shopping Center; (f) subject Landlord or any other tenant to any liability to any third party; or (g) lower the first-class character of the Shopping Center. Tenant shall shall, at Tenant's sole cost and expense, (u) operate Tenant's business on the Premises under Tenant's Trade Name only; (v) use the Premises in a careful, safe and proper manner; (w) comply at its expense with all present and future governmental or quasi-governmental laws, ordinances ordinances, regulations and requirements and any covenants, conditions and restrictions existing with respect to the Shopping Center, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants; (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to the Premises; (y) keep the Premises free of objectionable noises and odors; and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Premises. Except as set forth in this Lease, no representation or warranty has been made to, or relied on by, Tenant or its use of concerning the Premises, including including, without limitation all federal and state occupational health and safety and handicap access requirementslimitation, whether the fitness or not suitability or the Premise for the conduct of Tenant’s compliance will necessitate expenditures 's business, nor has Landlord agreed to undertake any modification, alteration or interfere with its use and enjoyment improvement of the Premises. Tenant shall not generatenot, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that , use the foregoing shall not name of the Shopping Center for any purpose other than as the address of the business to be deemed to proscribe the use conducted by Tenant on the Premises, nor shall Tenant do or permit the doing of customary office supplies anything in normal quantities so long as such use comports connection with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous Tenant's business or toxic materials that may be required by any governmental agency. Tenant shall alsoadvertising, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials which in the Premisesreasonable judgment of Landlord may reflect unfavorably on Landlord or the Shopping Center, or confuse or mislead the public as to any relationship between Landlord and Tenant. Landlord All of Tenant's advertising in the county in which the Shopping Center is located shall have refer to the right business conducted at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have mention the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost name of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseShopping Center.

Appears in 1 contract

Sources: Shopping Center Lease (MCT Holding Corp)

Use. Tenant shall use occupy the Premises only solely for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project other purpose without the prior written consent of Landlord; provided that . Subject to Landlord's obligation to deliver the foregoing shall not be deemed Premises to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports compliance with all applicable laws. Tenant agrees that it shall promptly complete , rules and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. regulations (except as the same is limited under EXHIBIT B), Tenant shall alsocomply, from time at Tenant's expense, with (i) all present and future laws, ordinances, regulations and orders of the United States of America, the Commonwealth of Virginia and any other public or quasi-public federal, state or local authority having jurisdiction over Tenant's use, occupancy and operations within the Premises, and (ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. The foregoing notwithstanding, Landlord shall remain responsible for any improvements required by the Americans with Disabilities Act, any by applicable life, fire and safety codes or similar laws, rules and regulations, except (i) Tenant shall be responsible for all of the foregoing to the extent arising out of (A) Tenant's specific use of the Premises, (B) the failure of Tenant Improvement designed by Tenant's architect pursuant to EXHIBIT B to so comply, unless (1) such failure is the result of deviations in construction from Approved Plans, (2) the applicable item within such Approved Plans would have been in compliance with such laws, codes and regulations but for such deviation(s), and (3) such deviation is itself NOT due to the acts or omissions of a general contractor, subcontractor or other party designated or selected by Tenant, and/or (C) any Alterations to the Premises made by or on behalf of Tenant, and (ii) Landlord shall have the right at to include the expenses associated with any time such improvements as Operating Expenses to perform an assessment the extent permitted under Sections 7.2 and 7.3 of the environmental condition Lease (and subject to the limitations set forth therein). Tenant shall not use or occupy the Premises in any manner that is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to Landlord or the other tenants of the Premises and of Tenant’s compliance with this SectionBuilding. As part Tenant shall not use, store or dispose of any such assessmenthazardous, Landlord shall have dangerous, inflammable, toxic or explosive materials on the rightPremises, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” than Permitted Materials (as defined in Section 10.3) in in, and solely to the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantextent allowed under, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination Article 26 of this Lease).

Appears in 1 contract

Sources: Deed of Lease (Pathnet Telecommunications Inc)

Use. Tenant The Premises shall use be used and occupied by Lessee for only the following purposes and for no other purposes whatsoever without obtaining the prior written consent of Lessor: Multi Media software design, production space and computer server hosting. A. Lessee shall not do or permit anything to be done in or about the Premises only for which will increase the purposes stated in Item 3 existing rate of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of insurance upon the Premises (unless Lessee shall pay any increased premium as a result of such use or a portion thereof for (iacts) offices or cause the cancellation of any agency or bureau of the United States insurance policy covering said Premises or any state building of which the Premises may be a part, nor shall Lessee sell or political subdivision thereof; (ii) offices permit to be kept, used or agencies sold in or about said Premises any articles which may be prohibited by a standard form policy of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant fire insurance. B. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of any building of which the Building Premises may be a part or the Project, injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor not shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises Lessee shall not commit or suffer to be committed any waste in or upon the Premises. C. Lessee shall not use the Premises or the Project. Tenant shall not do or permit anything to be done anything in or about the Premises which will invalidate in any way conflict with any law, statute, zoning restriction, ordinance or increase the governmental rule or regulation or requirements or duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall expense promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body now or hereafter constituted relating to Tenant or its affecting the condition, use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not generate, handle, store The judgment of any court of competent jurisdiction or dispose the admission of hazardous or toxic materials (as such materials may be identified Lessee in any federalaction against Lessee, state whether Lessor be a party thereto or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided not, that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord Lessee has violated any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.law,

Appears in 1 contract

Sources: Lease Agreement (Organic Inc)

Use. Tenant Subtenant shall continuously use and occupy the Premises only Sublet Premises, to the extent permitted by law, for the purposes stated in Item 3 purpose of general office use (the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material "Permitted Uses") and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow purpose. Sublandlord makes no representation or warrant as to the Premises to be used for necessity of obtaining any unlawful purposelicense, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in approval from any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing municipal governmental authority for such uses. Subtenant shall not conduct any activity on the Sublet Premises, which is not permitted under the Prime Lease, or which causes any noise, odor or vibration to be deemed emitted from the Sublet Premises. Subtenant shall comply with reasonable rules and regulations as the same may be promulgated and modified by Landlord from time to proscribe the use by Tenant of customary office supplies time. Except as specifically provided in normal quantities so long as such use comports Section 26 hereof, Subtenant shall comply with all applicable laws. Tenant agrees that it shall promptly complete , statutes, ordinances, by-laws, regulations, restrictions, and deliver with the requirements of all governmental approvals, licenses and permits, relating to Landlord any disclosure form regarding hazardous the Building or toxic materials that may be required by any governmental agency. Tenant shall alsothe Sublet Premises (collectively, "Legal Requirements"), and with the provisions of all insurance policies from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding in effect with respect to the presence of hazardous Building or toxic materials in the Sublet Premises. Landlord In addition, Subtenant shall have the right at any time to perform an assessment obtain, keep in force, and comply with all requirements of all governmental approvals, licenses and permits required for Subtenant's specific use of the environmental condition Sublet Premises. Subtenant shall not use, generate, treat, store, or dispose of "Hazardous Substances" (as hereinafter defined) on the Sublet Premises without giving prior written notification to Sublandlord, including the identity and amounts of the Premises Hazardous Substances which Subtenant proposes to use, and of Tenant’s compliance with this Section. As part of any such assessmentreceiving prior written consent from Sublandlord, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed which may be withheld or conditioned in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this SectionSublandlord's sole discretion. In all events Tenant events, Subtenant's use of Hazardous Substances must be in full and complete accordance with all Legal Requirements applicable thereto. Subtenant shall indemnify each of the “Indemnified Parties” indemnify, save harmless, and defend (as defined in Section 10.3with counsel reasonably satisfactory to Sublandlord) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by TenantSublandlord, its agentsofficers, directors, employees, contractors, subtenants servants and agents, from and against all loss, costs, damages, claims proceedings, demands, liabilities, penalties, fines and expenses, including without Urnitation reasonable attorneys' fees, consultants' fees, litigation costs, and cleanup costs, asserted against or licensees. The foregoing covenants shall survive incurred by Sublandlord, its officers, directors, employees, contractors, servants and agents at any time and from time to time resulting from the expiration presence of any Hazardous Substances in or earlier termination on the Sublet Premises during the Sublease Term arising after Subtenant's taking possession of this Lease.the Sublet Premises and resulting from (a) the action or inaction of Subtenant, its officers, directors, employees, contractors, servants and

Appears in 1 contract

Sources: Sublease (Microsoft Corp)

Use. Tenant shall use a. Cazenovia will utilize the Premises only exclusively for teaching purposes. All courses shall be taught by Cazenovia instructors at the purposes stated in Item 3 expense of Cazenovia, and Cazenovia shall be solely responsible for compensating the instructors and for all of their benefits and the other terms and conditions of their employment. All faculty members shall sign an acknowledgment that they are employees of Cazenovia and not of Herkimer and that they shall look solely to Cazenovia for wages, salaries and other terms and conditions of employment regarding the program and that Herkimer shall have no responsibility therefore. Herkimer faculty who are hired as Cazenovia adjunct faculty may not assume teaching assignments which conflict with Herkimer teaching assignments, including required office hours. Herkimer and Cazenovia shall comply with all federal, state and local laws, codes, ordinances, regulations, rules, orders and directives that effect the Premises (collectively, “Regulations”), including all environmental, energy and zoning regulations and shall not permit any objectionable, unpleasant or dangerous odors, smoke, dust, gas, emission, noise or vibrations to emanate from Premises, nor permit any activity upon Premises which would constitute a nuisance or would disturb or endanger any other occupant of the Basic Lease Provisionscampus. The parties agree that management and removal of hazardous waste, if any, will be administered by Herkimer. b. Cazenovia shall comply with Herkimer policies and guidelines for safety, security, and waste management in this facility. If Cazenovia finds any contrary use such policy or guideline to be unacceptable, its sole remedy is to terminate this Agreement with 30 days written notice to Herkimer. c. Without Herkimer’s prior written consent, Cazenovia shall be deemed to cause not receive, store or otherwise handle any product, material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyor merchandise which is explosive, highly flammable or otherwise hazardous, or which has been listed by the Environmental Protection Agency as being an actual or suspected carcinogen. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which These materials include but are not ancillary to corporatelimited to: chemicals, executive radioactive materials, biologicals, laser generating equipment, gases, or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationssolvents beyond those normally found in undergraduate instructional chemistry laboratories. Tenant Cazenovia shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used in any manner which would render the insurance void or in the judgment of the insurer make the insurance risk more hazardous or more expensive. d. Cazenovia shall repair and pay for any unlawful purposedamage caused by Cazenovia’s employees, nor shall Tenant permit any nuisance students, agents or commit any waste in the Premises or the Project. Tenant shall not do or permit to invitees. e. EMERGENCY CONTACT NUMBERS: Student and/or faculty injuries will be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, handled by Herkimer Campus Security at ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use must be reported within 24 hours of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether event by the injured person or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseCazenovia faculty member.

Appears in 1 contract

Sources: Partnership Agreement