Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereofpurpose of conducting a commercial general office business, research and development and all related purposes, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law. The provisions of this Paragraph 1 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqComplex., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 3 contracts
Sources: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
Use. (a) Tenant shall be permitted to use and occupy the Leased Premises only for a commercial office building, subject, to zoning ordinances, Laws, the Permitted Use set forth in Section 1.01(f) hereoforders, rules, and for no regulations of the Board of Fire Insurance Underwriters and any 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 purposes. encumbrances, if any, to which the Leased Premises are subject at the time of execution and delivery hereof.
(b) Tenant shall not use or occupy or permit the Leased Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manneroccupied, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not nor do or permit anything to be done in or about on the PremisesLeased Premises or any part thereof, nor bring or keep anything therein which will in a manner that would in any way increase violate any of the existing rate Laws or any certificate of occupancy affecting the Leased Premises or affect make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything thereon required to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use furnished hereunder by Tenant, and shall remain liable for the costs of or that will cause or be likely to cause structural injury to any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoingImprovements, or that will constitute a public or private nuisance or waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant will not permit any right, power, or suffer permission to do any act or to make any agreement that may create, give rise to, or be the Premises to be occupied or used in a manner offensive or objectionable to Landlord foundation for, any right, title, interest, lien, charge, or other occupants encumbrance upon the estate of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business Landlord in the ProjectLeased Premises.
Appears in 2 contracts
Sources: Lease Agreement (First National Bancshares Inc /Sc/), Agreement to Sell, Purchase and Lease (First National Bancshares Inc /Sc/)
Use. Tenant 5.1 Lessee (and its permitted assignees and subtenants) shall use and occupy the Premises only for general business, administrative and sales and related purposes, not in violation of the Permitted Use set forth in Section 1.01(f) hereofrestrictive covenants hereinafter referred to, and for no other purposespurpose without the prior written consent of Lessor. Tenant Lessee shall not use or permit operate its business in the Premises or any portion thereof to be used for any purpose other than during the permitted use or for any unlawful purpose or entire Lease Term and in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done a reputable manner in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply compliance with all applicable laws, rules ordinances, regulations, covenants, restrictions, and regulations pertaining other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to and governing annoy or disturb 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 the Building structure or to any space to such use by Tenanta degree as to be reasonably objectionable to Lessor or to any tenant, occupant, or other person in the Building. Neither Lessee nor any of 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 microwave oven uses standard 110V electrical service. Lessee shall not make or permit any odor that is objectionable to the public or to other occupants of the Building, to emanate from the Premises, and shall remain liable for not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the costs reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any clean up goods or removal required materials delivered to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer sent from the Premises to be occupied done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or used in a manner offensive such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or objectionable materials delivered to Landlord or sent from the Premises to be stored on, accumulate on or obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other occupants public areas or spaces of the Project by reason Building or the Property. Lessee acknowledges that violations of lightthis Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or permit any work, radiationincluding, magnetismbut not limited to, noiseassembly, odors and/or vibrationsconstruction, mechanical work, painting, drying, layout, cleaning, or interfere repair of goods or materials, to be done on the loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building or the Property.
5.5 Lessee shall not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto.
5.6 Lessee shall not abandon or vacate the Premises at any time during the Lease Term. Notwithstanding anything to the contrary contained in this Lease, if Lessee deserts or vacates the Premises, Lessor's sole remedy for such default shall be to terminate this Lease without further liability on the part of the Lessor or Lessee. The preceding sentence is not intended and shall not be deemed to waive or limit any way of Lessor's rights or remedies in connection with or based on any default other tenants than vacation or those having business in the Projectdesertion.
Appears in 2 contracts
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all applicable governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increasethereof. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law related to Tenant's use of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectPremises. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of the Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 2 contracts
Sources: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)
Use. Tenant shall only use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, general office purposes and for no other purposesuse without the prior written consent of Landlord. Tenant Tenant, in Tenant's use and occupancy of the Premises, shall not use subject or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the ProjectBuilding and/or the Project to be used in any manner which would tend to damage any portion thereof, and or which would increase the occupancy thereof and Tenant shall give prompt written notice to Landlord cost of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesinsurance paid by Landlord with respect thereto. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon Building, the Project or any of its contents, or cause cancellation of any insurance policy covering Common Areas and/or the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, the Common Areas and/or Project, or use or allow the Premises or any portion of the Project to be used for any improper, immoral, unlawful or injure objectionable purpose, nor shall Tenant cause, maintain or annoy them. Tenant shall not permit any a nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon , the Premises. Without limitation of Building, the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of Common Areas and/or the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsrestrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, rules the Building, the Common Areas and/or the Project. Landlord reserves the right to prescribe the weight and regulations pertaining position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's business machines and governing mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant so as to eliminate such use by Tenantvibration or noise. Tenant shall be responsible for all structural engineering, fees and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectdetermine structural load.
Appears in 2 contracts
Sources: Lease Agreement (Bionx Implants Inc), Lease (Sedona Corp)
Use. Tenant shall use the Leased Premises for a distribution center, warehouse facility, fulfillment center and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofoffice purposes, and for no other purposespurpose without the prior written consent of Landlord. Tenant shall will not use or permit occupy the Leased Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerpurpose, and shall will comply with all federal, state, present and local governmental future laws, ordinances, ordersregulations, rules and regulations applicable to orders of the PremisesUnited States of America, the Projectstate in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the occupancy thereof property and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Leased Premises. Tenant shall not do cause, maintain or permit anything to be done in any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, nor bring or keep anything therein acts done, which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, Building or cause the cancellation of any insurance policy covering the Project Building, or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increasethereof. Tenant shall not do sell, or permit anything to be done kept, used, in or about the Premises and/or Project Leased Premises, any article which will in may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any way obstruct and all requirements, pertaining to the Leased Premises, of any insurance organization or interfere with company, necessary for the rights of other tenants maintenance or occupants of reasonable fire and public liability insurance covering the Project or injure or annoy themLeased Premises, Building and appurtenances. Tenant shall not permit place on any nuisance in, on or about floor a load exceeding the Premises. Tenant shall not commit or suffer floor load per square foot which such floor was designed to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqcarry., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement (Innotrac Corp), Standard Industrial Lease Agreement (Innotrac Corp)
Use. Tenant shall use and occupy (1) During the Term of this Lease the Leased Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than as an aircraft hangar for the permitted use storage, repair and operation of airplanes, without the express consent of the Landlord given in writing. The Tenant shall not construct a new hangar or for any unlawful purpose or other building on the Leased Premises except in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable accordance to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord terms of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. this Lease.
(2) The Tenant shall not do or permit anything to be done in at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or about tenant policy as established by the Landlord from time to time;
(b) cause damage to the Leased Premises, nor bring ;
(c) cause injury or keep anything therein which will in annoyance to occupants of neighbouring premises;
(d) make void or voidable any way increase the existing rate of or affect any fire or other insurance upon the Project Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its contentsinvitees, customers, employees or agents, anything that would cause cancellation or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any insurance policy covering the Project kind other than an aircraft or any part thereof vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of its contents. In fuel or necessary aircraft related products;
(i) notify the event that, by reason Landlord of any acts public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees;
(k) comply with the Town of Tillsonburg’s relevant policies and codes of conduct such as but not limited to the RZone (Respect) Policy which requires persons using a Town facility to respect others and take responsibility in maintaining a safe and comfortable environment for all participants, spectators, volunteers and staff. The Rzone policy enforces zero tolerance of inappropriate behavior, threats, violence and vandalism at all Town facilities, properties, Town sponsored events, programs, in written or verbal communications (including email or phone); and,
(l) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant or its conduct covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of business, there the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Parties.
(5) The Tenant shall be any increase in permitted to construct and maintain one (1) aircraft hangar (the rate of insurance “Works”) on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about Leased Premises as follows:
(a) the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants dimensions of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about Hangar are proposed to measure 60 feet by 60 feet for a total floor area of 4,356 square feet including the Premises. Tenant shall not commit or suffer to be committed any waste in or upon one (1) metre (3 foot) perimeter around the Premises. Without limitation hangar;
(b) the style of the foregoingHangar shall be either a pole barn style building or a metal frame building;
(c) the siding, Tenant shall notsiding colour, without Landlord's prior written consentroof colour, usehanger number, store, install, spill, remove, release or dispose of within or about the Premises or any other portion and height of the Project, any asbestosbuilding will be maintained in accordance with current Airport standards as approved by the Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant base to the foregoing sentencesatisfaction of the Landlord;
(e) construction, Tenant renovation and maintenance shall comply with the construction and maintenance requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable lawsOntario Building Code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; including specifically the Fire Protection and regulations pertaining Prevention Act 1997, S.O. 1997, c.4, and Ontario Regulation 213/07 the Ontario Fire Code and any amendment thereto.
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and governing drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant;
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such use costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as approximately 13 metres wide and approximately 14 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and shall remain liable its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the costs purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any and every claim which may or might arise out of the proper exercise by the Tenant of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectrights granted herein.
Appears in 2 contracts
Sources: Hangar Lease, Hangar Lease
Use. (a) The Leased Premises are to be used and occupied by Tenant shall use (and occupy the Premises only its permitted assignees and subtenants) solely for the Permitted Use set forth in Section 1.01(f) hereof, purpose of general office use and for no other purposes. purpose.
(b) Tenant shall agrees not use to commit or suffer to be committed on the Leased Premises any nuisance or other act or thing against public policy or which violates any law or governmental regulation or which is disreputable or which may disturb the quiet enjoyment of any other tenant of the Building or Parking Areas of which the Leased Premises are a part.
(c) Tenant will not use, occupy, or permit the use or occupancy of the Leased Premises or any portion thereof to be used for any purpose other than unlawful, disreputable, immoral, or hazardous purpose; or maintain or permit the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord maintenance of any notification to Tenant public or private nuisance; or do or permit any act or thing which may disturb the quiet enjoyment of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use other tenant of the Premises. Tenant shall not do Building; or keep any substance or carry on or permit any operation which might emit offensive odors into other portions of the Building; or permit anything to be done which would increase the fire and extended insurance rate of the Building or contents or terminate the fire and extended insurance coverage. The Leased Premises shall not be used for any purpose which would tend to lower the first-class character of the Building, or create unreasonable elevator loads or otherwise interfere with standard Building operations, and Tenant shall not engage in any activity which is not in keeping with the standards of the Building.
(d) Tenant shall not place, install, or operate on the Leased Premises or in any part of the Building any engine, refrigerating, heating, or air conditioning apparatus, stove, or machinery, or conduct mechanical operations, or place or use in or about the PremisesLeased Premises any inflammable, nor bring explosive, hazardous, toxic or keep anything therein which will in any way increase odorous solvents or materials without the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose consent of within or about the Premises or any other Landlord. No portion of the ProjectLeased Premises shall at any time be used for cooking, any asbestos-containing materials sleeping or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqlodging quarters., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 2 contracts
Sources: Office Lease Agreement (Wintegra Inc), Lease Agreement (Wintegra Inc)
Use. Tenant The Premises shall use be used and occupy the Premises occupied only for the Permitted Use set forth in Section 1.01(f) hereof, general office use and for no other purposespurpose without prior written consent of Sublessor and Landlord. Tenant Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or suffer anything to be done upon the Premises which will cause structural injury to the Premises or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate, or shake the Premises or the building of which it is a part. No use shall be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise-making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any portion part thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding in which the premises are located, or cause a cancellation of any insurance policy covering the Project building or any part thereof thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of its contentsSublessor's or Landlord's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. In No such payment by Sublessee shall limit Sublessor in the event that, by reason exercise of any acts of Tenant other rights or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.remedies, or any other applicable environmental law which may now constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectuse.
Appears in 2 contracts
Sources: Sublease Agreement (Fine Com Corp), Sublease Agreement (Interactive Objects Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereof, purpose of Medical Laboratory and any and all allied uses and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Building or the Complex nor bring or keep or permit to be brought or kept in or about the Premises, Building or the Complex anything therein which is prohibited by law, or will produce any odor or smell detectable in the common areas or other Tenant premises, or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises, Building or the Complex or any part thereof, or any of its contents, or will cause cancellation of any insurance policy covering the Project Premises, Building or the Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project Premises, Building or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure or annoy them. , or use or allow the Premises to be usod for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, Building or the Complex. No sale by auuliuai shall be permitted on the Complex. Tenant shall not' (i) place any loads upon the floors, walls or Ceiling which endanger the structure; (ii) subject to paragraph 42, use or store any harmful, hazardous or toxic fluids or materials or other material; in or about the Complex to include the drainage system of the complex: or (iii) overload existing plpntrical or other mechanical syfifAms_ No waste materials or refuse shall be dumped or permitted to remain upon any part of the Premises or outside of the Complex in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. Other than where specifically designated by Landlord, there shall be no smoking anywhere in or adjacent to the Building including the area outside the Building entrances, No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold harmless against any loss, expense, damage, reasonable attorney's fees, or liability arising out of the foregoing, failure of Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under to comply with the provisions of 42 U.S.C. 9601, et seq., or this paragraph and any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&H's") affecting the Premises, Building or Complex. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 2 contracts
Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Use. Section 4.1. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereof, purpose of general office use and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the buildings, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys’ fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules condition, or restriction (“CC&R”) affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided, however, Tenant shall not be required to comply with any future CC&R that materially and regulations pertaining adversely interferes with Tenant’s rights expressly set forth in this Lease and/or Tenant’s use of the Premises for the Permitted Use pursuant to and governing such use by Tenant, the terms of this Lease. The provisions of this Article are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoingComplex. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant will not permit or suffer shall have access to the Premises to be occupied or used in during the demised term twenty-four (24) hours a manner offensive or objectionable to Landlord or other occupants of the Project by reason of lightday, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectseven (7) days a week.
Appears in 2 contracts
Sources: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
Use. Tenant (a) The Premises shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannergeneral office and warehouse, assembly, equipment, testing and development, distribution purposes, and shall comply with all federal, stateany other lawful purpose incidental to Tenant's business, and local governmental lawsno other, ordinances, orders, rules and regulations applicable unless consented to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesin writing by Landlord. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Premises or keep Building anything therein which will is prohibited by or in any way in conflict with (in the case of hazardous materials, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Project Premises or Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Premises or Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises or Building to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not Premises or Building or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises or any other portion Building.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, of Landlord.
(c) Tenant shall comply with all applicable lawsnot manufacture, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for assemble or store materials inside the costs common areas outside of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 2 contracts
Sources: Commercial Lease (Tenfold Corp /Ut), Commercial Lease (Medcross Inc)
Use. Tenant shall be entitled to use and occupy the Premises only solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use set forth in Section 1.01(f) hereof, of the Premises solely for the purposes for which they were designed and intended aid for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, nor bring the Building, the Common Areas or keep anything therein the Property which will in any way increase does or could (i) jeopardize the existing rate structural integrity of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents(ii) cause damage to any part of the Premises, Tenant hereby agrees to pay such increasethe Building, the Common Areas or the Property. Tenant shall not do or permit anything to be done in or about operate any equipment within the Premises and/or Project which will in does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any way obstruct electrical, plumbing, heating, ventilating or interfere with air conditioning system within or servicing the rights of other tenants Premises or occupants the Building, or (iii) damage or impair the efficient operation of the Project sprinkler system (if any) within or injure servicing the Premises or annoy themthe Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not permit affix any nuisance inequipment to or make any penetrations or cuts in the floor, on ceiling, walls or about roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit or suffer nor permit to be committed any waste in or upon about the Premises. Without limitation of , the foregoingBuilding, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release the Common Areas or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqProperty., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 2 contracts
Sources: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereofpurpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the PremisesPremises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all applicable laws, rules and regulations pertaining to and governing such use by Tenant, existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 2 contracts
Sources: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereofpurpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and for no other purposespurpose. Tenant shall not use do, keep or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done or kept in or about the Premises, nor bring : (i) anything which is prohibited by or keep anything therein which will in any way increase the existing rate of (or affect cause the cancellation of) any fire or other insurance upon covering the Project Premises or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of ; nor shall Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do sell or permit anything to be done kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the Premises and/or Project standard form of fire insurance policies; (ii) anything which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Project Building or injure neighboring buildings, or injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall not Tenant cause, maintain or permit any nuisance to exist in, on or about the Premises. No sale by auction shall be permitted on the Premises without Landlord’s prior written consent. Tenant shall not place any loads upon the floors, walls, ceiling, or roof in places which might endanger or damage the same; nor place or spill, nor suffer to be placed or spilled, any harmful substances or Hazardous Materials in the drainage system of the Building, nor on or about the Premises, the Building nor such land; nor overload any electrical, mechanical, HVAC, plumbing, sprinkler, or other systems. No waste materials or 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 in places designated by Landlord. No materials, supplies, equipment, finished or semi-finished products, or articles of any nature shall be stored on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not place anything or allow anything to be placed on or near any window or door which may be seen from outside the Premises, except as may be approved in writing by Landlord. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or in, upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises [UNREADABLE] owners shall in any way affect this Lease, entitle Tenant to any reduction of rent hereunder or result in any other portion liability of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectLandlord to Tenant. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenant, condition or restriction of record affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up other person, or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 2 contracts
Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Use. Tenant The Premises shall use be used and occupy the Premises only occupied for the Permitted Use set forth in Section 1.01(f) hereof, general business office purposes and for no other purposesuse or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws to the extent that such Laws relate to or are triggered by (a) Tenant’s occupancy and particular use of the Premises (as opposed to general office use), or (b) any Alterations made by or on behalf of Tenant (excluding the Tenant Improvements)), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Tenant shall not use do, bring, keep or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit sell anything to be done in or about the PremisesPremises that is prohibited by, nor bring or keep anything therein which that will cause a cancellation of or an increase in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentspremium for, or cause cancellation of any insurance policy covering the Project Property or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy themthereof. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in any manner that will constitute waste or a manner offensive nuisance, or objectionable to Landlord disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used 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 occupants media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (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 Project by reason of lightheating, radiationventilating and air-conditioning (“HVAC”), magnetismmechanical, noiseelevator, odors and/or vibrationsplumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or interfere in jeopardize the structural integrity of the Building or any way with part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other tenants equipment other than typical low power task lighting or those having business office equipment; or (iii) connect to any electrical circuit in the ProjectPremises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Property or the risers or wiring installation of the Building. Tenant agrees to reasonably cooperate with Landlord with respect to any voluntary “green” or sustainable programs with respect to the Premises; provided, however, that notwithstanding anything to the contrary, Tenant shall not be responsible to make any improvements or alterations to the Premises or to replace any equipment or property of Tenant in connection therewith unless Landlord agrees to pay for all costs for such improvements, alterations or replacements. The foregoing sentence shall not apply to Tenant’s construction of the initial Tenant Improvements in the Premises.
Appears in 1 contract
Sources: Lease Agreement (Inpixon)
Use. (a) The premises shall be used and occupied by Tenant shall use and occupy the Premises only for the Permitted Use use set forth in Section 1.01(f) hereof, the Basic Lease Information and in accordance with the Rules and Regulations attached to this Lease as Exhibit B and for no other purposespurpose. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating the use by Tenant of the premises including the installation of additional facilities as required for the conduct and continuance of Tenant's business. Tenant shall not use or permit the Premises use of the premises or Common Area in any portion thereof manner that will tend to be used create waste or a nuisance, or which tends or does unreasonably disturb other tenants of the Building or adjacent buildings, nor shall Tenant, its employees, agents or invitees damage the premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the premises without Landlord's written consent, or use any corridors, sidewalks or other areas outside of the premises for storage or any purpose other than access to the premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the premises any foul or noxious gas, article or substance, nor shall Tenant do or permit to be done anything in and about the premises, either in connection with activities hereunder expressly permitted use or for otherwise, which are not permitted would cause an increase in premiums payable under, or a cancellation of, any unlawful purpose policy of insurance maintained by Landlord in connection with the premises or the Building or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located.
(b) Without Landlord's prior consent, which may be withheld in its absolute discretion, Tenant shall not cause, or allow anyone else to cause, any unlawful mannerHazardous Materials to be used, generated, stored, or disposed of on or about the premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant 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"). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and local those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall defend (with counsel approved by ▇▇▇▇▇▇▇▇), indemnify and hold Landlord, its employees and agents, any entity having a security interest in the premises or the Building, and its and their employees and agents (collectively, "Indemnities") harmless from and against, and shall reimburse the Indemnities for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, ordersrules, rules and regulations applicable to the Premises, the Projectregulations, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations precautions pertaining to and governing such use by Hazardous Materials shall excuse Tenant from Tenant, and 's obligation of indemnification set forth above. Tenant's obligations under this paragraph 6 shall remain liable for the costs survive expiration or termination of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectthis Lease.
Appears in 1 contract
Use. Tenant Lessee shall use and occupy the Premises only solely for the Permitted Use set forth in Section 1.01(f) hereofpurposes of manufacturing, marketing and for no other purposesdistribution. Tenant Lessee shall not use use, or permit or suffer the use of, the Premises for any other business or any portion thereof to be purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (other than vehicles used for daily transportation) outside of the leased premises without the prior written consent of Lessor. If Lessee does so, Lessee shall be considered to have abandoned such property and Lessor may, at its option and without prejudice to any purpose of Lessor's other than rights or remedies hereunder or at law or equity, remove or retain the permitted use or property, whereupon all rights of the Lessee with respect to it shall cease. If Lessor removes and/or stores the property in public storage for any unlawful purpose or in any unlawful mannerthe Lessee's account, the Lessee shall be liable to the Lessor for, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable pay to the PremisesLessor forthwith on demand, the Projectcost of removal and storage, and with interest at ten percent (10%) per annum on all such expenses from the occupancy thereof and Tenant date of expenditure by the Lessor. Lessee shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of not receive, store, or otherwise handle anything which is explosive or highly inflammable in or from the Premises. Tenant No auction, fire or bankruptcy sales may be conducted in or from the Premises without the previous written consent of Lessor. Lessee shall not do use, or permit or suffer in the Premises anything that will increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any ruling of the State Insurance Rating Bureau, or its successors, which would allow the Lessor to obtain reduced rates for long term insurance policies; or maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done in or about upon the Premises, nor bring or keep anything therein which will Premises in any way increase tending to create a safety hazard or nuisance or to disturb any other lessees of Lessor in the existing rate Complex; or to use or permit the use of the Premises for lodging or affect any fire or other insurance upon the Project or any of its contentssleeping purposes, or cause cancellation of for any insurance policy covering the Project immoral or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqillegal purposes., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Lease Agreement (Direct Focus Inc)
Use. Tenant (a) The Premises shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannergeneral office use, and shall comply with all federal, stateany other lawful purpose incidental to Tenant's business, and local governmental lawsno other, ordinances, orders, rules and regulations applicable unless consented to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesin writing by Landlord. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Premises or keep Building anything therein which will is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Project Premises or Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Premises or Building or any part thereof or any of its contents. In the event thatTenant shall not handle, by reason of use, store or otherwise put any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance hazardous material on the Building or Premises, without first notifying Landlord of its contentsintention to do so and identifying the hazardous material and safety plan which shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of, and obtaining Landlord's prior written consent, which consent may be reasonably withheld and may be conditioned upon absolute indemnification by Tenant hereby agrees to pay such increaseand accompanying bond. Tenant shall not do or permit anything to be done in or about the Premises and/or Project or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises or Building to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not Premises or Building or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises or any other portion Building.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, of Landlord.
(c) Tenant shall comply with all applicable lawsnot manufacture, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for assemble or store materials inside the costs common areas outside of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 1 contract
Sources: Commercial Lease (Medcross Inc)
Use. Tenant 5.1 Lessee (and its permitted assignees and subtenants) shall use and occupy the Premises only for general business, administrative, sales, service, and product development, not in violation of the Permitted Use set forth in Section 1.01(f) hereofprotective or restrictive covenants hereinafter referred to, and for no other purposespurpose without the prior written consent of Lessor. Tenant Lessee shall not use or permit operate its business in the Premises or any portion thereof to be used for any purpose other than during the permitted use or for any unlawful purpose or entire Lease Term and in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done a reputable manner in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply compliance with all applicable laws, rules ordinances, regulations, covenants, restrictions, and regulations pertaining other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to and governing annoy or disturb 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 the Building structure or to any space to such use by Tenanta degree as to be objectionable to Lessor or to any tenant, occupant, or other person in the Building. Lessee shall not make or permit any odor that is objectionable to the public or to other occupants of the Building, to emanate from the Premises, and shall remain liable for not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the costs reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any clean up goods or removal required materials delivered to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer sent from the Premises to be occupied done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or used in a manner offensive such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or objectionable materials delivered to Landlord or sent from the Premises to be stored on, accumulate on or obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other occupants public areas or spaces of the Project by reason Building or the Property. Lessee acknowledges that violations of lightthis Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or permit any work, radiationincluding, magnetismbut not limited to, noiseassembly, odors and/or vibrationsconstruction, mechanical work, painting, drying, layout cleaning, or interfere repair of goods or materials, to be done on the loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building or the Property.
5.5 Lessee shall not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and similar materials which are not in any way with other tenants reportable quantities as defined and required by Federal or those having business in the ProjectState Laws.
Appears in 1 contract
Sources: Sublease (Towne Services Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, microbiology and chemical laboratory and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant Notwithstanding anything to the contrary herein, in no event shall not use any or permit all of the Premises or any portion thereof to be allowed, authorized and/or used for daycare and/or any other child care purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex or injure or unreasonably annoy them. , or use or allow the Premises to be used for any immoral or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining condition, or restriction (“CC&R’s”) affecting the Premises. Tenant acknowledges that Landlord has provided a copy of said CC&R’s to and governing such use by Tenant, . The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable --- governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, light manufacturing, biomedical research and development, ad storage and other uses necessary for Tenant to conduct Tenant's business in Section 1.01(f) hereofaccordance with all applicable governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loud speaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any covenant, condition, or restriction ("CC&Rs") affecting the Premises. 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 or occupant of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about Premises. There are no CC&Rs affecting the Premises or any other portion at the time of Lease execution. In the Projectevent CC&Rs are subsequently implemented, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions Landlord shall provide a copy of 42 U.S.C. 9601, et seqsaid CC&Rs to Tenant., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant Sublessee shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, purpose of Banking and General office purposes incidental thereto and for no other purposespurpose without the prior written consent of Sublessor. Tenant Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or suffer anything to be done upon the Premises which will cause structural injury to the Premises or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate or shake the Premises or the building of which it is a part. No use shall be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instruments of any sort, or any noise making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any portion part thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Project building or any part thereof thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of its contentsSublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. In No such payment by Sublessee shall limit Sublessor in the event that, by reason exercise of any acts of Tenant other rights or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.remedies, or any other applicable environmental law which may now constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectuse.
Appears in 1 contract
Sources: Assignment Agreement (Lease) (Valley National Corp /De/)
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f1.01(e) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all times during the term of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of three (3) persons for every one thousand (1,000) square feet of Premises without Landlord's consent. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Office Lease (Ivg Corp)
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply conformance with all federal, state, and local applicable governmental laws, ordinances, ordersregulations, rules and regulations applicable to ordinances for the Premisespurpose of office, the Project, sales and the occupancy thereof R&D and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits related uses necessary for the use of Tenant or any approved assignee or subtenant to conduct its business providing any and all uses of the PremisesPremises shall be subject to and in conformance with all governmental laws and ordinances and for no other purpose without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents without the prior written consent of Landlord, and provided Tenant bears any cost related to such increased rate, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law that governs Tenant use of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectPremises. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenant, condition or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, electronics laboratory, research and development, and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable Notwithstanding anything to the Premisescontrary herein, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useBUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 expense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all applicable laws, rules and regulations pertaining to and governing such use by Tenanttenants within the Building, and (ii) Landlord shall remain liable provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the costs benefit of Landlord only and shall not be construed to be for the benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. Tenant The Premises shall use be used for a retail bank branch and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofrelated office use, together with related ancillary uses and for no other purposesbusiness or purpose, without written consent of Landlord. Tenant shall not be permitted to install any automatic teller machines ("ATM") outside of the Premises, nor shall Tenant have the right to maintain any ATM within the Premises which Tenant advertises the use thereof at any time beyond the normal business hours when the Building is open to the general public. Tenant shall not use, or permit the Premises or any portion part thereof to be used used, for any purpose or purposes other than the use described above; and no use shall be made or permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about made of the Premises, nor bring or keep anything therein acts done therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsBuilding, or cause a cancellation of any insurance policy covering the Project Building, or any part thereof thereof, nor shall Tenant sell, or 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 policies. If the existing rate of any such insurance shall be increased or any of its contents. In insurance policy covering the event thatBuilding cancelled for any reason described above, by reason of any acts of Tenant then Landlord, in addition to such other remedies as Landlord may have hereunder or its conduct of businesspursuant to law or equity, there shall be entitled to reimbursement from Tenant upon written demand therefor for the entire amount of said increase or any increase in the rate of additional amount which must be paid for a new insurance on the Building or its contents, Tenant hereby agrees to pay such increasepolicy. Tenant shall not do commit, or permit anything suffer to be done committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any unlawful purpose or activity. Tenant shall not use any apparatus, machinery or device in or about the Premises and/or Project which will shall make any noise or set up any vibration or which shall in any way obstruct increase the amount of electricity, water or interfere compressed air agreed to be furnished or supplied under this Lease (if any), and Tenant further agrees not to connect with electric wires, water or air pipes any apparatus, machinery or device other than ordinary office equipment without the rights written consent of other tenants or occupants Landlord. Tenant shall, at its sole cost and expense, comply with all of the Project or injure or annoy them. Tenant shall not permit any nuisance inrequirements of all municipal, on or about the Premises. Tenant shall not commit or suffer to be committed any waste state and federal authorities now in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.force, or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant force, applicable to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by TenantPremises, and shall remain liable for faithfully observe in the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation use of the foregoingPremises all municipal, Tenant will not permit state and federal laws and regulations now in force or suffer the Premises to which may hereafter be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectforce.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office and storage uses necessary for Tenant to conduct Tenant’s business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker nr other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction (“CC&R’s”) affecting the Premises. The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Sources: Lease Agreement (Yodlee Inc)
Use. (a) Tenant shall use and occupy the Premises only for any purpose specified in the Basic Lease Information as a "Permitted Use set forth in Section 1.01(f) hereof, Use" and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and purpose.
(b) Tenant shall give prompt written notice to Landlord of take no action, nor permit any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything action to be done taken, in or about the Premises, nor bring or keep anything therein which Premises that will in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause cancellation of any insurance policy covering the Project all or any part thereof of the Building or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do use or permit anything allow the Premises to be done in used for any improper, immoral, unlawful or about objectionable purpose, permit pornography or apparatus for the Premises and/or Project which will in any way obstruct use of illegal drugs to be held on the Premises, or interfere with the rights of other tenants cause, maintain or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not neither commit or nor suffer to be committed any waste in in, on or upon about the Premises. Without limitation of the foregoing, .
(c) Tenant shall notnot cause or suffer or permit any Hazardous Materials, without Landlord's prior written consentas defined below, useto be brought upon, storekept, installused, spilldischarged, remove, release deposited or dispose of within leaked in or about the Premises or the Building or Common Areas by Tenant or any of Tenant's agents or by anyone in the Premises (other portion than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are customarily kept or used by typical office tenants and are kept and used in accordance with all applicable Laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Building or Common Areas caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the ProjectPremises or the Building or Common Areas, or if contamination of the Premises or the Building by any asbestos-containing materials Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Building, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any solidclean-up, liquid remediation, removal or gaseous material now restoration work on or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601Premises or the Building or Common Areas. "Hazardous Materials" means any hazardous or toxic substance, et seq.material or waste which is or becomes regulated by any local, state or any other applicable environmental federal governmental authority or by common law which may now decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or hereafter be in effectby-products, (iii) asbestos, and (iv) polychlorinated biphenyls. If Landlord does give written consent to Tenant pursuant to Notwithstanding the foregoing sentenceabove provisions, Tenant shall comply have the right to install a "back-up" generator on or about the Premises. Installation of the "back-up" generator shall be performed in a good and workmanlike manner in compliance with all applicable lawsLaws by licensed contractors reasonably approved by Landlord. Landlord agrees that Tenant shall have the right to remove and retain the "back-up" generator upon the expiration or earlier termination of this Lease, rules provided Tenant repairs and regulations pertaining restores the Premises (in connection with the removal of the "back-up" generator) to their condition prior to the installation of such "back-up" generator. Tenant agrees that it shall indemnify, defend and governing such hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use by Tenantof the Building, reasonable attorneys' fees, consultant fees and shall remain liable for expert fees) which arise during or after the costs Term as a result of any clean up the installation, use or removal required to be performed with respect to of such asbestos"back-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectup" generator.
Appears in 1 contract
Sources: Lease (CTC Communications Group Inc)
Use. Tenant 7.1 The Premises shall use and occupy the Premises be used only for the Permitted Use purposes of "Tenant's Use" as set forth in Section 1.01(f1(j) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. purposes whatsoever.
7.2 Tenant shall not do or permit anything to be done in or about the Demised Premises, nor bring or keep or permit to be brought or kept therein, anything therein which is prohibited by or will 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 standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Project building or any of its contents, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its the contents. In , or adversely affect or interfere with any services required to be furnished by Landlord to Tenant, or to any other Tenants or occupants of the event thatBuilding, by reason or with the proper and economical rendition of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increaseservice. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants Tenants of the Project Building, or injure or annoy them. , or use unlawful or objectionable purpose, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not Demised Premises or commit or suffer to be committed any waste in in, on or upon the about he Demised Premises. Without limitation If anything done, omitted to be done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about he Demised Premises shall cause the rate of fire or other insurance on the foregoingBuilding in companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Building, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose pay the amount of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqsuch increases., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence,
7.3 Tenant shall comply with all applicable lawsnot utilize the Demised Premises for a massage parlor, rules tennis club, skating facility (including roller skating, skateboard and regulations pertaining to and governing such use by Tenantice skating), racquet sports facility (including handball or racquetball court), hot tub facility, suntan facility, health club facility, and shall remain liable any facility primarily used for gambling or an operation the costs principal business of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation which is the sale of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectalcoholic beverages for off premises consumption.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereofpurpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and for no other purposespurpose; however, landlord will not unreasonably withhold approval of other similar uses. Tenant shall not use do, keep or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done or kept in or about the Premises, nor bring : (i) anything which is prohibited by or keep anything therein which will in any way increase the existing rate of or affect cause the cancellation of any fire or other insurance upon covering the Project Premises or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of ; nor shall Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do sell or permit anything to be done kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the Premises and/or Project standard form of fire insurance policies; (ii) anything which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Project Building or injure neighboring buildings, or injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall not Tenant cause, maintain or permit any nuisance to exist in, on or about the Premises. No sale by auction shall be permitted on the Premises without Landlord’s prior written consent. Tenant shall not place any loads upon the floors, walls, ceiling, roof in places which might endanger or damage the same; nor place or spill, nor suffer to be placed or spilled, any harmful substances or Hazardous Materials in the drainage system of the Building, nor on or about the Premises, the Building nor such land; nor overload any electrical, mechanical, HVAC, plumbing, sprinkler, or other systems. No waste materials or 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 without the prior written consent of the Landlord (other than air conditioning units) nor outside the Premises. Tenant shall not place anything or allow anything to be placed on or near any window or door which may be seen from outside the Premises, except as may be approved in writing by Landlord. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in in, upon or upon about the Premises. Without limitation Tenant covenants and agrees that no diminution of the foregoinglight, air or view by any object or structure, nor use by others shall in anyway affect this Lease, entitle Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release to any reduction of rent hereunder or dispose result in any liability of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectLandlord to Tenant. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenant, condition or restriction of record affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up other person, or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 1 contract
Sources: Lease Agreement (Advanced Analogic Technologies Inc)
Use. Tenant The Premises shall use be used and occupy occupied by Lessee for only the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, following purposes and for no other purposes. Tenant shall not use or permit purposes whatsoever without obtaining the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerprior written consent of Lessor: Multi Media software design, production space and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant computer server hosting.
(A) Lessee shall not do or permit anything to be done in or about the Premises and/or Project which will increase the existing rate of insurance upon the Premises (unless Lessee shall pay any increased premium as a result of such use or acts) or cause the cancellation of any insurance policy covering said Premises or any building of which the Premises may be a part, nor shall Lessee sell or permit to be kept, used or sold in or about said Premises any articles which may be prohibited by a standard form policy of fire insurance.
(B) Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of any building of which the Project Premises may be a part or injure or annoy them. Tenant them or use or allow the Premises to be used for any unlawful or objectionable purpose, not shall not Lessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of .
(C) Lessee shall not use the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release Premises or dispose of within permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance or 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 and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material similar body now or hereafter considered toxic constituted relating to or hazardous under affecting the provisions condition, use or occupancy of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthe Premises. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs The judgment of any clean up court of competent jurisdiction or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation the admission of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere Lessee in any way with other tenants action against Lessee, whether Lessor be a party thereto or those having business in the Project.not, that Lessee has violated any law,
Appears in 1 contract
Sources: Lease Agreement (Organic Inc)
Use. Tenant TENANT shall use and occupy the Leased Premises only for the Permitted Use set forth in Section 1.01(f) hereof, use or purpose as hereinbefore stated and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereofpurpose. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the The use of the premises shall be further limited to office and/or showroom use only. No manufacturing, warehousing or distribution shall be permitted upon or from the Leased Premises. Tenant The TENANT's use of the Leased Premises is subject to all applicable zoning and use regulations and it shall be TENANT's responsibility to obtain an occupational license for its business at the Leased Premises prior to the commencement date of the Lease. TENANT shall not do or permit anything to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything therein which is prohibited by or will in any way increase the existing rate of conflict with any law, statute, ordinance or affect any fire governmental rule or other insurance upon the Project regulation now in force or any of its contentswhich may hereafter be enacted or promulgated, or cause cancellation which is prohibited by any standard form of fire insurance policy. TENANT shall not use or allow the Premises to be used for any insurance policy covering improper, immoral, unlawful or objectionable purpose; nor shall TENANT cause, maintain, or permit any nuisance in, on, or about the Project Premises or commit or suffer to be committed any part thereof waste in, on, or any of its contentsabout the Premises. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant TENANT shall not do or permit anything to be done in or about the Premises and/or Project which will will, in any way way, obstruct or interfere with the rights of other tenants or occupants of the Project LANDLORD in the Building, or injure or annoy them. Tenant ; nor shall not TENANT cause, maintain, or permit any nuisance in, on on, or about the Premises. Tenant No outside storage of any kind shall be permitted. TENANT shall at all times keep the outside of the Premises, the common areas of the Building and the parking areas free from all refuse, packing materials, crates, pallets and similar materials. TENANT shall not commit overload the dumpsters. TENANT shall at no time block access, ingress or suffer egress to be committed the Building, the parking areas or the property upon which the Building is located or any waste in or upon the Premisesportion of it. Without limitation TENANT shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the foregoingFederal, Tenant shall notState, without Landlord's prior written consentcounty and city governments, useand of any and all their departments, store, install, spill, remove, release bureaus or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other agencies applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentenceLeased Premises for the correction, Tenant prevention and abatement of nuisance or other grievances, in, upon or connected with said Premises, during the Lease Term. TENANT shall comply with all applicable fire regulations enforced by the City of Dania Beach or any other governmental agency having jurisdiction over the Leased Premises or TENANT's use thereof. TENANT covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in or upon the Leased Premises; no act or thing shall be done or permitted; and nothing shall be kept in or about the Leased Premises which will cause cancellation of the risk or hazard insurance in effect for the Leased Premises. The TENANT agrees to pay to the LANDLORD upon demand, damages for injury to the Leased Premises or to the Building of which the Leased Premises are a part, which injury shall be caused or suffered by the TENANT or its agents, employees or invitees. The TENANT further covenants not to conduct any business or permit any act or thing contrary to or in violation of the laws of the United States of America, or the State of Florida, or of the Ordinances of the City of Dania Beach, County of Broward, in or about said Leased Premises. The TENANT shall promptly after discovery of any unlawful, disreputable, or extra-hazardous use of the Premises, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any subtenants, occupants or other persons guilty of such unlawful disreputable, or extra-hazardous use. The TENANT shall indemnify the LANDLORD against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands, including reasonable attorney's fees, arising out of any violation of, or default in, these covenants. The TENANT, at its sole expense, shall comply with all laws, rules orders, and regulations pertaining to of Federal, State and governing such use by Tenantmunicipal authorities, and shall remain liable for the costs with any direction of any clean up public officer, pursuant to law, which shall impose any duty upon the LANDLORD or removal required to be performed the TENANT with respect to such asbestos-containingthe Leased Premises. The TENANT, toxic at its sole expense, shall obtain all licenses or hazardous materials. Further without limitation permits which may be required for the conduct of its business within the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants terms of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrationsthis Lease, or interfere in any way with other tenants for the making of repairs, alterations, improvements, or those having business in the Projectadditions.
Appears in 1 contract
Sources: Office Building Net Lease (Take to Auction Com Inc)
Use. Tenant Lessee shall only use and occupy the Premises only for the Permitted Use set forth described in Section 1.01(f) hereof1.1; provided, and for no however, with the prior written consent of Lessor (which consent will not be unreasonably withheld or delayed), the Permitted Use may be expanded to include other purposesuses which are compatible with a general office use. Tenant shall not use or permit Lessee agrees, subject to Lessor’s obligation to provide basic janitorial services, to maintain the Premises or any portion thereof in a clean, orderly and healthful condition and to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable (“Governmental Requirements”) pertaining to the Premises, the Project, Lessee’s occupancy and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the PremisesProperty nor bring, nor bring keep or keep permit to be brought or kept therein, anything therein which is prohibited by the attached Exhibit ”E” or by any standard form fire insurance policy or which will in any way increase the existing rate of of, or affect affect, any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct cause a weight load or interfere with stress on the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises floor or any other portion of the ProjectPremises in excess of the weight load or stress which the floor or other portion of the Premises is designed to bear. Lessee, any asbestos-containing materials or any solidat Lessee’s sole cost, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawslaws affecting the Premises, rules and regulations pertaining to and governing such use by Tenantwith the requirements of any Board of Fire Underwriters or other similar body now or hereafter instituted, and shall remain also comply with any order, directive or certificate of occupancy issued pursuant to any laws which affect the condition, use or occupancy of the Premises. Lessor shall not be liable to Lessee for any other occupant’s or tenant’s failure to conduct itself in accordance with the costs provisions of this Article 6, and Lessee shall not be released or excused from the performance of any clean up or removal required of its obligations due to be performed any such failure. As an element of Operating Expenses, Lessor shall comply with respect all Governmental Requirements pertaining to such asbestos-containing, toxic or hazardous materials. Further without limitation the Building and the common areas of the foregoing, Tenant will not permit or suffer Building and the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectProperty.
Appears in 1 contract
Sources: Office Lease (Icop Digital, Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, and storage uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys' fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining condition, or restriction ("CC&R's") affecting the Premises. Landlord has provided a copy of said CC&R's to and governing such use by Tenant, . The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises premises only for the Permitted Use set forth its general and executive offices in Section 1.01(f) hereofconnection with Tenant's computer consulting, maintenance, equipment, assembly, installation and for no other purposessystems integration business including, training and seminar programs in connection therewith. Tenant shall not use or permit the Premises use of the premises or any portion part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of a requirement such as the Certificate of Occupancy for the premises or the building, and Tenant shall not suffer or permit the premises or any part thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do manner or permit anything to be done therein or anything to be brought into or kept therein which, in or about the Premisesjudgement of Landlord, nor bring or keep anything therein which will reasonably exercised, shall in any way increase (i) impair the existing rate character, reputation or appearance of the building, or affect any fire (ii) impair or other insurance upon the Project or interfere with any of its contentsthe building systems or services or the proper and economic operation of the building, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct (iii) impair or interfere with the rights use of any of the other areas of the building or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Project or injure or annoy thembuilding. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. If any license or permit of a governmental authority shall be required for the proper and lawful conduct of Tenant's business or other activity carried on in the premises, and if the failure to secure such license or permit might or would, in any nuisance inway, on affect Landlord, then Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or about permit and submit the Premisessame for inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the requirements of each such license or permit. The use of the premises shall not in any event be deemed to include, and Tenant shall not commit use or suffer to be committed any waste in or upon permit the Premises. Without limitation use of the foregoingpremises or any part thereof for (a) the sale, preparation or consumption of food or beverages (alcoholic or non-alcoholic), except by its employees and persons invited by it in connection with the furtherance of its business and prospects, (b) a banking or safe deposit business or a money exchange, (c) as a stock brokerage office, (d) the conduct of a school of any kind (other than a training center for employees or customers or prospective customers of Tenant), (e) an employment agency, (f) the conduct of any business, organization or activity in which, in the reasonable judgment of Landlord, may create or fost▇▇ ▇▇ unusual risk to the security of the building or of any of its tenants or occupants, (g) for the purpose of manufacturing, requiring or servicing of products or goods of whatsoever kind or nature except in connection with Tenant's use of premises as described in paragraph first, above, (h) the sale or display of goods or merchandise of any kind or retail purposes, or, (i) the conduct of any business which involves direct patronage of the general public in the premises, such as, by way of illustration, a medical or other health maintenance office or a travel agent. The premises shall not be used, at any time, by a government or governmental agency or authority. SIGNS No signs, advertisements or notices shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the premises or on the inside of the premises which can be seen outside of the premises without the prior written consent of the Landlord. In the event of the violation of the foregoing by any tenant, Landlord may remove the same without any liability, and may charge the expense incurred by such removal to the Tenant. Landlord shall have the right to prohibit any advertising by Tenant which, in the opinion of Landlord, impairs the reputation of the building or its desirability as a building or space therein available for rent, and upon written notice from Landlord, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release refrain from or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqdiscontinue such advertising., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, dry laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable Notwithstanding anything to the Premisescontrary herein, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.Complex. BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all applicable governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not knowingly do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not knowingly cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Sources: Lease Agreement (Transmeta Corp)
Use. Tenant The Premises shall be used and occupied only for general office use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereoflaboratories for scientific research, or any other use which is reasonably comparable and for no other purposespurpose. Tenant The Premises shall not be used or occupied for any purpose inconsistent with San Diego Municipal Code Section 101.0434, which applies to areas zoned for scientific research. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture, or occupation, nor permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or suffer anything to be done upon the Premises which will cause structural injury to the Premises or the building of which the Premises forms a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate, or shake the Premises or the building of which it is a part. No use shall be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise making device, will be operated in or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any portion part thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding in which the Premises are located, or cause a cancellation or non-renewal of any insurance policy covering the Project building or any part thereof thereof. If any action on the part of Sublessee or use of the Premises by Sublessee shall cause, directly of indirectly, any increase of its contentsSublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon written demand. In No such payment by Sublessee shall limit Sublessor in the event that, by reason exercise of any acts of Tenant other rights or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.remedies, or any other applicable environmental law which may now constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectuse.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f1.01(e) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all times during the Term of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of four persons for every one thousand square feet of the Premises without Landlord's consent. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of of, within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solidsold, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Office Lease (Carreker Antinori Inc)
Use. Section 4.1. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereof, purpose of general office use and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the buildings, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules condition, or restriction ("CC&R") affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided, however, Tenant shall not be required to comply with any future CC&R that materially and regulations pertaining adversely interferes with Tenant’s rights expressly set forth in this Lease and/or Tenant’s use of the Premises for the Permitted Use pursuant to and governing such use by Tenant, the terms of this Lease. The provisions of this Article are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoingComplex. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant will not permit or suffer shall have access to the Premises to be occupied or used in during the demised term twenty-four (24) hours a manner offensive or objectionable to Landlord or other occupants of the Project by reason of lightday, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectseven (7) days a week.
Appears in 1 contract
Sources: Lease Agreement (Versartis, Inc.)
Use. The Tenant shall use and occupy the Demised Premises only for the Permitted Use set forth in Section 1.01(f) hereofoffices, warehousing and distribution of cosmetics, fragrances and personal care items, and for repackaging of cosmetics, fragrances and personal care items only, and for no other purposespurpose. If Tenant desires to expand or change the aforementioned uses, Tenant shall not do so without first obtaining Landlord’s written consent. Landlord agrees not to unreasonably withhold its consent, if the use is for warehousing only of products which are consumer products, and are non-hazardous and are not toxic pollutants. In all other events, Landlord may, for no reason or for any reason, not consent to a change or expansion of use. It being a consideration of this Lease, that the use of the premises shall be limited, to those uses as otherwise hereinbefore specified, and Tenant may not, use the premises for manufacturing or the warehousing of any product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant’s racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manneroccupied, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not nor do or permit anything to be done in or about on the PremisesDemised Property, nor bring or keep anything therein in a manner which will in any way increase violate any Certificate of Occupancy affecting the existing rate of Demised Premises, or affect make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance upon required to be furnished by the Project or any of its contentsTenant hereunder, at regular rates, or which will cause cancellation of any insurance policy covering or be likely to cause structural damage to the Project Building or any part thereof thereto, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof, and shall not use or occupy or permit the Demised Premises to be used or occupied in any of its contents. In the event that, by reason manner which will violate any present or future laws or regulations of any acts of Tenant or its conduct of business, there shall be any increase governmental authority. Except for the products contemplated by the permitted uses in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingthis Section 2.01, Tenant shall not, without Landlord's prior written consentduring the term of this Lease store upon the premises, usehazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, storeby the Federal Environmental Protection Agency pursuant to Section 311 of the “Federal Water Pollution Act, installamendments of 1972” (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of products contemplated by the permitted uses in this Section 2.01 shall during the term of this Lease be in compliance with all applicable laws and regulations, spillwhether federal, removestate or local, release and whether environmental or dispose of within otherwise. Nothing herein contained shall be deemed or about construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or any other portion is lawful under the certificate of occupancy. In the event the Tenant cannot obtain the continued certificate of occupancy for the uses of the ProjectDemised Premises described in the first sentence of this Section 2.01, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be then in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentencesuch event, Tenant shall comply with have the right, prior to Tenant taking occupancy, to terminate this Lease; such right of termination in all applicable laws, rules and regulations pertaining events to and governing such use by be exercised no later than ten (10) days from the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. Tenant acknowledges and shall remain liable for recognizes that Tenant will have to undertake ordinary and usual improvements required by the costs of any clean up or removal municipality, such as, but not limited to, in rack sprinklers, exit areas marked on the floor, exit signs, etc. If Tenant is required to be performed with respect undertake other improvements in order to obtain the continued certificate of occupancy, such asbestos-containing, toxic or hazardous materials. Further without limitation of improvements specifically required by the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project municipality by reason of lightTenant’s peculiar use, radiationand if the collective cost thereof is more than FIVE THOUSAND and NO/100 Dollars ($5,000.00), magnetismthen Tenant shall have the right to terminate this Lease, noisesuch right to be exercised, odors and/or vibrationsin all events, or interfere in any way with other tenants or those having business in within the Projectten (10) day time period as heretofore provided, TIME BEING OF THE ESSENCE.
Appears in 1 contract
Sources: Lease Agreement (Inter Parfums Inc)
Use. Tenant (a) The Premises shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for general office use, storage and any other lawful purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerincidental to Tenant's business, and shall comply with all federalno other, state, and local governmental laws, ordinances, orders, rules and regulations applicable unless consented to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesin writing by Landlord. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Premises or keep Building anything therein which will is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Project Presides or Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Premises or Building or any part thereof or any of its contents. In the event thatTenant shall not handle, by reason of use, store or otherwise put any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance hazardous material on the Building or Premises, without first notifying Landlord of its contentsintention to do so and identifying the hazardous material and safety plan which shall ensure that nay such hazardous material is properly controlled, safeguarded, and disposed of, and obtaining Landlord's prior written consent, which consent may be reasonably withheld and may be conditioned upon absolute indemnification by Tenant hereby agrees to pay such increaseand accompanying bond. Tenant shall not do or permit anything to be done in or about the Premises and/or Project or Building which will in any way violate rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights right of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises or building to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not Premises or Building or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises or any other portion Building.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectLandlord.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, research and development, non-retail sales and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable Notwithstanding anything to the Premisescontrary herein, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises, except for patio furniture that Tenant may place, at its sole cost and expense and risk, in the common patio area (“Exterior Common Area Patio”) shown in Orange on Exhibit A and Exhibit B. In the event Tenant elects to place patio furniture in the Exterior Common Area Patio, (a) Tenant shall be responsible for the maintenance, repair and/or replacement of said patio furniture, as necessary to maintain sturdy and attractive equipment, throughout the Lease Term, (b) said patio furniture will be accessible to the other tenants and/or occupants of the Building and other third parties and (c) Landlord cannot insure the BUILDING: 1098 Alta PROPERTY: 1-0001
UNIT: 1 LEASE ID: 0001-SONI01-01 security of said patio furniture or be liable in any manner whatsoever for said patio furniture. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all applicable laws, rules and regulations pertaining to and governing such use by Tenanttenants within the Building, and (ii) Landlord shall remain liable provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the costs benefit of Landlord only and shall not be construed to be for the benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Sonics, Inc.)
Use. Tenant shall use The Premises are to be used for a bank and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofincidental or related uses, and for no other purposes. Tenant business or purpose without the prior written consent of Landlord, which shall not be unreasonably withheld. No use shall be made or permit the Premises or any portion thereof permitted to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to made of the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be nor acts done in or about the Premises, nor bring or keep anything therein which will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of the Premises which has been or is subsequently enacted or promulgated by any public authority, or which will increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding, or cause a cancellation of any insurance policy covering the Project building or any part thereof thereof, nor shall Tenant sell, or permit to be kept, used or sold in or about the Premises, any article which may be prohibited by the standard form of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of fire insurance on the Building or its contents, Tenant hereby agrees to pay such increasepolicy. Tenant shall not do commit, or permit anything suffer to be done committed, any waste upon the Premises or, any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building, nor use any apparatus, machinery or device in or about the Premises and/or Project which will in shall cause any way obstruct substantial noise or interfere with vibration, or which shall substantially increase the rights amount of other tenants electricity or occupants of the Project water, if any, agreed to be furnished or injure or annoy themsupplied under this Lease. Tenant further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the consent of Landlord, which consent shall not permit any nuisance in, on or about the Premisesbe unreasonably withheld. So long as Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply complies with all applicable lawspresent and future ordinances and statutes relating thereto, rules and regulations pertaining Landlord agrees not to and governing such use unreasonably withhold consent for installation by Tenant, and shall remain liable for on the costs roof of any clean up or removal required the Real Property, of telecommunications equipment to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, used exclusively by Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business only in the Projectfurtherance of Tenant's business.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, electronics laboratory, research and development, and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable Notwithstanding anything to the Premisescontrary herein, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useInitial: [Illegible] Multi Tenant/Single Parcel Page 1 of 30 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 expense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all applicable laws, rules and regulations pertaining to and governing such use by Tenanttenants within the Building, and (ii) Landlord shall remain liable provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the costs benefit of Landlord only and shall not be construed to be for the benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement
Use. Tenant The Premises shall use be used and occupy the Premises occupied only for the Permitted Use set forth in Section 1.01(f) hereof, GENERAL OFFICE AND LIGHT MANUFACTURING AND ASSEMBLY OF MICROWAVE TRANSMITTERS and for no other purposespurpose without prior written consent of Sublessor and Landlord. Tenant Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or suffer anything to be done upon the Premises which will cause structural injury to the Premises or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate, or shake the Premises or the building of which it is a part. No use shall be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise-making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any portion part thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding in which the premises are located, or cause a cancellation of any insurance policy covering the Project building or any part thereof thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of its contentsSublessor's or Landlord's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. In No such payment by Sublessee shall limit Sublessor in the event that, by reason exercise of any acts of Tenant other rights or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.remedies, or any other applicable environmental law which may now constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectuse.
Appears in 1 contract
Use. Subject to the provisions of Paragraph 17 below, Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereof, purpose of General Office uses and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about tile Premises or the Premises, Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any ; provided Landlord acknowledges and agrees that general office use is not prohibited nor will it cause an increase in insurance rates at the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increaseComplex. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems, provided that the loads and electrical usage typical for general office use are permissible. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other devise, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlorddefend and hold Landlord harmless against any loss, expense, damage, attorney's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw, as required by this Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules condition, or restriction ("CC&R's") affecting the Premises. Landlord represents that (a) there are currently no CC&Rs encumbering the Premises and regulations pertaining to Landlord shall provide Tenant a copy of any new CC&Rs recorded against the Premises in the future; and governing such use by Tenant(b) Landlord owns and operates the Complex under a ground lease ("Ground Lease") which is in full force and effect, and shall remain liable the terms of this Lease are consistent with and not in conflict with the terms of the Ground Lease. The provisions of this paragraph (except for the costs preceding sentence) are for the benefit of Landlord only and shall not be construed to be for the benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Sources: Lease (Siebel Systems Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, and storage uses necessary for Tenant to conduct Tenant’s business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion applicable law for which Multi Tenant/Single Parcel Page 1 of the Project, any asbestos23 Initial: BUILDING: West Bayshore PROPERTY: 40-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous 0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such condition, or restriction (“CC&R’s”) affecting the Premises which regulates Tenant’s use by Tenant, of the Premises. The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up Tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Opti Inc)
Use. Tenant (a) The Premises shall use be used for general office, production, storage and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofany other lawful purpose incidental to Tenant's business, and for no other purposesother, unless consented to in writing by Landlord. Tenant shall not use do or permit the Premises or any portion thereof to be used for any purpose other than done in or about the permitted use Premises, Building, or for any unlawful purpose Common Area, anything which is prohibited by or in any unlawful mannerway in conflict with (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and shall comply with disposed of) any and all federal, state, and local governmental laws, statutes, ordinances, orders, rules and regulations applicable to now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises, the ProjectBuilding or any of its contents, and the occupancy thereof and Tenant shall give prompt written notice to Landlord or Common Area or cause a cancellation of any notification to Tenant insurance policy covering the Premises or Building or any part thereof or any of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for contents, or the use of the PremisesCommon Area. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Building, or keep anything therein the Common Area which will in any way increase the existing rate of violate Rules or affect any fire or other insurance upon the Project or any of its contentsRegulations reasonably promulgated by Landlord, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises, Building or the Common Area to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not , Building, or the Common Area or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises, Building or the Common Area. Tenant shall have access to the Building and Premises or any other portion on a 24 hour/7 day a week basis.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, of Landlord.
(c) Tenant shall comply with all applicable lawsnot manufacture, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up assemble or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business store materials in the ProjectCommon Area.
Appears in 1 contract
Use. Tenant The Premises shall use and occupy the Premises be used only for the Permitted Use set forth in Section 1.01(fpurpose of receiving, storing, shipping and selling (other than retail) hereofproducts, materials and merchandise made and/or distributed by Tenant, computer integration, configuration and repairs, and for no such other purposeslawful purposes as may be incidental thereto. Outside storage, including, without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall not use or permit have the Premises or any portion thereof right to be used for any purpose park its company truck in a dock position on an overnight basis. Tenant shall have the non-exclusive right to use, in common with other than tenants of the permitted use or for any unlawful purpose or in any unlawful mannerBuilding, the parking provided and designated as such by Landlord. Tenant shall comply with all federal, state, and local governmental laws, ordinances, orders, rules ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. No pets or other animals of any kind shall be permitted on the Premises or parking areas surrounding the Premises except for seeing-eye dogs used by handicapped employees, provided that Landlord is notified that such dogs will be utilized and Tenant cleans up any debris created by such dogs. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from or outside of the Premises, nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other lessees of the Building in which the Premises are a part. Tenant shall pay the cost of any modifications to the Premises, the Project, Building in which the Premises are located and the occupancy thereof and Tenant shall give prompt written notice to Landlord common areas required as a result of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the Tenant’s particular use of the Premises. Tenant shall not do or permit anything have the right to be done locate a rubbish compactor and a cardboard ▇▇▇▇▇▇ in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants one of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqtruck docks provided that same are covered., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant 9.1 The Premises shall use and occupy the Premises only be used solely for the Permitted Use set forth in Section 1.01(f) hereof, the Fundamental Lease Provisions and for no other purposes. Tenant shall not use offer, sell or permit market any services to other tenants in the Building which services are in competition with services offered by Landlord to tenants in the Building and Tenant shall not offer telecommunication services utilizing the Building, Building Equipment or any conduits, or shafts, whether located within the Premises or any portion thereof outside the Premises, to be used for any purpose other than tenants in the permitted use Building.
9.2 Tenant shall not use, occupy, suffer or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to permit the Premises, the ProjectBuilding or any part of either to be used in any manner, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or suffer or permit anything to be done brought into or kept therein, which would (a) make unobtainable at standard rates from any reputable insurance company authorized to do business in the State of New Jersey, any fire insurance with extended coverage or about liability, elevator, boiler, umbrella or other insurance, (b) cause, or be likely to cause, injury or damage to the Building or to any equipment contained therein or on the Premises, nor bring (c) constitute a public or keep anything therein which will in private nuisance, (d) violate any way increase certificate of occupancy for the existing rate of Building, (e) emit objectionable noise, fumes, vibrations, heat, chilled air, vapors or affect any fire odors into or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on from the Building or its contentsthe equipment contained therein, (f) impair or interfere with any of the Building services, including the furnishing of electrical energy, or the proper and economical cleaning, heating, ventilating, air conditioning or other services of the Building, the equipment contained therein or the Premises or (g) violate any Legal Requirement or Insurance Requirement. The restrictions imposed by this Section, and the application thereof, shall not be limited or modified by the terms of any other provision of this Lease.
9.3 Tenant hereby agrees to pay such increase. Tenant or Tenant’s assignees, subtenants, employees, agents, contractors, invitees or licensees shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure them or annoy them. use or allow the Premises to be used for any purpose which is unlawful, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises. .
9.4 Tenant shall not commit use or suffer operate any machinery that, in Landlord’s reasonable opinion is, or may be, harmful to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of and/or the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqBuilding., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances, including without limitation the Americans With Disabilities Act of 1990 (the "ADA"), and solely for the Permitted Use set forth purpose specified in Section 1.01(f) hereof, Paragraph 1.J and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or the Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building therein, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations. rules and ordinances for the Permitted Use set forth in Section 1.01(f) hereofpurpose of general office. R&D, light manufacturing, storage and other legal uses related thereto, and for no other purposespurpose. Tenant shall not use do, keep or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done or kept in or about the Premises, nor bring Premises anything which is prohibited by or keep anything therein which will in any way increase the existing rate of or affect cause the cancellation of any fire or other insurance upon covering the Project Premises or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of ; nor shall Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do sell or permit anything to be done kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the Premises and/or Project standard form of fire insurance policies or which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Project Premises or injure neighboring premises, or injure, annoy or disturb them. ; and Tenant will not allow the Premises to be used for any unlawful purpose, nor shall not Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises without Landlord's prior written consent. Tenant shall not place any loads upon the floors, walls, ceiling or roof which might endanger or damage the structure; nor place or spill, nor suffer to be placed or spilled, any harmful substances or Hazardous Materials in the drainage system of the Building, nor on the Premises. the Building nor the Parcel of land. nor overload any electrical, mechanical, plumbing, sprinkler, or other systems. No waste materials or 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 where 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 place anything or allow anything to be placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant covenants and agrees that no diminution of light. air or view by any structure which may be hereafter erected (whether or not by Landlord) nor use of the foregoingBuilding by other occupants nor use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release to any reduction of rent hereunder or dispose result in any liability of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectLandlord to Tenant. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenant, condition or restriction affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up other person, or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. Tenant The Premises shall use be used and occupy the Premises only occupied for the Permitted Use set forth in Section 1.01(fpurposes of (a) hereofgeneral business office, (b) computer programming and related development, (c) customer training and support, and (d) sales and marketing, and for no other purposesuse or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises and make any repairs, alterations or improvements as required to comply with all such Laws to the extent that such Laws relate to or are triggered by (a) Tenant’s particular use of the Premises (as opposed to general office use), or (b) any Alterations. Tenant shall observe the “Building Rules” (as defined in Section 27 — Rules and Regulations). Tenant shall not use do, bring, keep or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit sell anything to be done in or about the PremisesPremises that is prohibited by, nor bring or keep anything therein which that will cause a cancellation of or an increase in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentspremium for, or cause cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy themthereof. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in any manner that will constitute waste or a manner offensive nuisance, or objectionable to Landlord disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used 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 occupants media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (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 Project by reason of lightheating, radiationventilating and air-conditioning (“HVAC”), magnetismmechanical, noiseelevator, odors and/or vibrationsplumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or interfere in jeopardize the structural integrity of the Building or any way with part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other tenants equipment other than typical low power task lighting or those having business office equipment; or (iii) connect to any electrical circuit in the ProjectPremises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Building or the risers or wiring installation of the Building.
Appears in 1 contract
Sources: Lease Agreement (ArcSight Inc)
Use. Tenant Lessee will not engage upon the Premises in any trade or occupation which is in violation of law. Lessee shall use the Premises as office/warehouse/light manufacturing space related to its corporate purpose. The Premises are not to be used for rental sales or displays for such purposes. Product displays will be permitted provided the same cannot be seen outside the Premises. Lessee shall not use or occupy the Premises for any other purpose or business without the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed. Lessee shall comply with the following rules and occupy regulations covering the use of the Premises and will at all times observe, perform and abide by all rules and regulations from time to time promulgated by Lessor for the common use of the Harmar Industrial Manor the safety, care and cleanliness of the Premises:
(i) That it will not obstruct for use of the common areas including the sidewalks and parking lot and that it will keep clean the said common areas.
(ii) That it will use the parking area to be provided in the front of the Premises only for visitor parking and executive parking; that the Permitted Use set forth parking area to the side of the Premises shall be used for employee and other parking.
(iii) That it will not install or post any exterior signs on or over the Premises except those approved in Section 1.01(fwriting in advance by Lessor.
(iv) hereof, and for no other purposes. Tenant Nothing shall not use be placed by the Lessee or permit its employees on the outside of the Premises or any portion thereof to be used for any purpose other than on the permitted use windows, window sills or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, projections. All such rules and regulations applicable shall ▇▇▇▇▇ to Lessee and its employees, agents, licensees, invitees, subtenants and contractors. Lessor represents and warrants that such rules and regulations shall also apply to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase tenants in the rate of insurance on Complex and that Lessor shall enforce such rules and regulations against such other tenants. Anything in this Lease contained to the Building or its contentscontrary notwithstanding, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about Lessor covenants and represents that the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant conform to the foregoing sentencerequirements, Tenant shall comply with all applicable laws, rules and regulations pertaining to imposed, enacted or promulgated by all governments and governing such use by Tenant, governmental bodies having jurisdiction over the Complex and shall remain liable the Premises; and that the Premises may lawfully be used for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectpurposes herein permitted.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Use. Tenant shall will use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofsale and display of contract furnishings relating to the contract furnishings industry which are manufactured by or sold under Winston Furniture Company of Alabama, Inc., at wholesale only and for no other purposesuse or purpose. Tenant shall will not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Building or that will increase the rate of insurance on the Premises or any portion thereof to on the Building. Tenant will pay all extra insurance premiums on the Building which may be used for any purpose caused by the use which Tenant shall make of the Premises (other than a use stated in the permitted first sentence hereof). Tenant will not (a) use or for any unlawful purpose permit upon the Premises anything that may be dangerous to life or limb; (b) in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to manner deface or injure the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord Building of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for part thereof or overload the use floors of the Premises. Tenant shall not ; or (c) do anything or permit anything to be done in or about upon the Premises, nor bring or keep anything therein which will Premises in any way increase the existing rate of tending to create a nuisance or affect tending to disturb any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase tenant in the rate of insurance on the Building or its contentsthe occupants of neighboring property, Tenant hereby agrees or tending to pay such increaseinjure the reputation of the Building. Tenant shall further not do carry-on or permit anything to be done in any activities which might: (1) involve the storage, use or about disposal of medical or hazardous waste substances or the Premises and/or Project which will in any way obstruct creation of an environmental hazard; or (2) impair or interfere with (i) the rights structure of the Building or the operation of Building systems, (ii) the character, reputation or appearance of the Building as a first-class building, (iii) the furnishing of services(including utilities, telephone and communications) to any portion of the Building, or (iv) the enjoyment by any other tenants or occupants of the Project Building or injure the benefits of such occupancy (for example, free of noise, odors, or annoy themvibration emanating from the Premises). The Premises shall not be used for the purposes of any so called "office suites", schools, employment agencies or medical treatment facilities. Unless the Premises shall be closed because of needed repairs, revisions or decorating, Tenant shall otherwise keep the same open, fully lighted and available for business activity during each and every day of the Term hereby demised, Saturdays, Sundays and holidays as established by Landlord from time to time only excepted, and the same shall be kept open by Tenant each day for business during the customary business hours established in the Building which are currently from 9:00 A.M. to 5:00 P.M. and during such additional hours (including Saturdays, Sundays and holidays established by Landlord from time to time) during market exhibitions in the Building when such exhibitions in the Building when such exhibitions include a type of merchandise sold by Tenant in the Premises. Tenant will fully and promptly comply, and operate the Premises in conformity, with all applicable federal, state and municipal laws, ordinances, codes, regulations and requirements respecting the Premises or Tenant's use or occupancy thereof, and activities therein, and Tenant will not use the Premises for lodging or sleeping purposes, nor conduct or permit to be conducted on the Premises any business or activity which is contrary to the provisions of this Lease or to any applicable governmental laws, ordinances, codes, regulations and requirements. Tenant shall not permit any nuisance in, promptly pay all taxes of whatever kind are imposed upon Tenant but which are to be collected by Landlord. Tenant shall at no time sell food on or about from the Premises. Tenant shall not commit or suffer to be committed any waste in or upon at no time sell (within the Premises. Without limitation meaning of the foregoingIllinois Liquor Control Act, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material as now or hereafter considered toxic amended) alcoholic liquor on or hazardous under from the provisions of 42 U.S.C. 9601Premises, et seq.provided, or any other applicable environmental law which however, that Tenant may now or hereafter be in effect. If Landlord does occasionally give written consent complimentary food and alcoholic liquor to Tenant pursuant to its guests on the foregoing sentencePremises, on condition that Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenantgovernmental requirements, and on further condition that, prior to the giving of such alcoholic liquor, Tenant shall remain liable for the costs of any clean up procure and maintain continuously thereafter (or removal required cause to be performed with respect to such asbestos-containingprocured and maintained continuously thereafter) in force a policy of host liquor liability insurance or Dram Shop liability insurance, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used as set forth in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectArticle 25 hereof.
Appears in 1 contract
Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)
Use. Tenant shall Lessee hereby covenants to use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofsole and exclusive purpose of operating a GENERAL AND ADMINISTRATIVE office therein and activities reasonably incidental thereto, and for no other purposesuses or purposes whatsoever without Lessor's prior written consent. Tenant shall Lessee covenants not to use or permit maintain the Premises or in any portion thereof to be used for any purpose other than the permitted use unlawful manner or for any unlawful purpose or in any unlawful mannerpurposes, and shall promptly comply with any and all federal, state, and local governmental laws, ordinances, ordersorder, rules and regulations of any and all municipal, county, state, federal, and other governmental authorities that may pertain or apply to Lessee's occupancy, use, or business operations on the Premises at Lessee's sole cost and expense, including, but not limited to, any and all energy or fuel conservation orders or regulations promulgated by any government authority. Lessee shall make no use whatever of the Premises that would cause an increase in the fire insurance rate applicable to the Premises, Building upon the Projectcommencement of the term of this Lease, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in any act or about the Premises, nor bring thing which might subject Lessor to any liability or keep anything therein which will in responsibility for injury to any way increase the existing rate of person or affect persons or to any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, property by reason of any acts business operation being conducted on the Premises. Lessee shall not bring any articles of Tenant a dangerous nature or its conduct of business, there shall be any increase in the rate of insurance on heating or cooking units into the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with without the rights of other tenants or occupants prior written consent of the Project Lessor. Lessee agrees that nothing will be thrown or injure or annoy them. Tenant shall not permit any nuisance in, dropped from the windows on or about the Premises. Tenant No safe or other heavy equipment shall be allowed in the Building unless the weight, location, and handling of the same is approved by the Lessor. Lessee shall not commit make any noise or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant odor that is objectionable to the foregoing sentencepublic, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrationsBuilding, or interfere in to Lessor, to emenate from the Premises and shall not create or maintain a nuisance thereon, and shall not disturb, solicit, or canvas any way with other tenants occupant of the Building, and shall not do any act lending to injure the reputation of the Building or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Sublease Agreement (Florida Business Bancgroup Inc)
Use. Tenant 5.1 Lessee (and its permitted assignees and subtenants) shall use and occupy the Premises only for general business, administrative, sales, service, and product development, not in violation of the Permitted Use set forth in Section 1.01(f) hereofprotective or restrictive covenants hereinafter referred to, and for no other purposespurpose without the prior written consent of Lessor. Tenant Lessee shall not use or permit operate its business in the Premises or any portion thereof to be used for any purpose other than during the permitted use or for any unlawful purpose or entire Lease Term and in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done a reputable manner in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply compliance with all applicable laws, rules ordinances, regulations, covenants, restrictions, and regulations pertaining other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to and governing annoy or disturb 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 the Building structure or to any space to such use by Tenanta degree as to be objectionable to Lessor or to any tenant, occupant, or other person in the Building. Lessee shall not make or permit any odor that is objectionable to the public or to other occupants of the Building, to emanate from the Premises, and shall remain liable for not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the costs reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any clean up goods or removal required materials delivered to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer sent from the Premises to be occupied done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or used in a manner offensive such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or objectionable materials delivered to Landlord or sent from the Premises to be stored on, accumulate on or obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other occupants public areas or spaces of the Project by reason Building or the Property. Lessee acknowledges that violations of lightthis Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or permit any work, radiationincluding, magnetismbut not limited to, noiseassembly, odors and/or vibrationsconstruction, mechanical work, painting, drying, layout, cleaning, or interfere repair of goods or materials, to be done on the loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building or the Property.
5.5 Lessee shall not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and similar materials which are not in any way with other tenants reportable quantities as defined and required by Federal or those having business in the ProjectState Laws.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances and only for the Permitted Use set forth in Section 1.01(f) hereofpurpose of: software and hardware design, assembly of RF products, operating a general office and for the directly related legal uses thereof and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. purpose.------ Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall that may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.reasonable attorneys’ fees, or liability arising out of failure to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany term, rules and regulations pertaining to and governing such use by Tenantcovenant, condition, or restriction (“TCC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Zev Ventures Inc.)
Use. Tenant The demised Premises shall use and occupy the Premises be used only for the Permitted Use set forth purpose of corporate office and warehouse, receiving, storing and testing of materials and merchandise made and/or distributed by Tenant for such other lawful purposes as may be incidental thereto. The storage of any materials or chemicals by Tenant will require the Tenant to utilize MSDA sheets in Section 1.01(f) hereofthe handling, storage and for no utilization of /Tenant’s materials. Tenant will use the Premises in a careful, safe and proper manner an will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Outside storage, including, without limitation, trucks and other purposesvehicles, is prohibited without Landlord’s prior written consent. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerobtain, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain expense, any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises. Tenant , and shall not do promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or permit anything to be done in or about connection with the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy themall at Tenant’s sole expense. Tenant shall not permit any nuisance inobjectionable or unpleasant odors, on smoke, dust, gas noise or about vibrations to emanate from the Premises. Tenant shall not commit , nor take any other action which would constitute a nuisance or suffer to be committed would disturb or endanger any waste other tenants of the Building Section Two Page 6 Landlord Initials: /s/ ONB in which the Premises are situated or upon the Premisesunseasonably interfere with their use of their respective premises. Without limitation of the foregoing, Tenant shall not, without Landlord's ’s prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsnot receive, rules and regulations pertaining to and governing such use by Tenantstore or otherwise handle any product, and shall remain liable for the costs of any clean up material or removal required to be performed with respect to such asbestos-containing, toxic merchandise which is explosive or hazardous materialshighly inflammable. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied used for any purpose or used in a any manner offensive (including, without limitation, any method of storage) which would render the insurance thereon void or objectionable to Landlord the insurance risk more hazardous or cause the State Board of Insurance or other occupants insurance authority to disallow any sprinkler credits. Tenant agrees to comply with all City of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectSpring Valley rules and regulations regarding flammable substances.
Appears in 1 contract
Sources: Lease Assignment & Assumption (Fulgent Genetics, Inc.)
Use. Tenant shall use the Demised Premises, subject to the terms of this Lease, solely as and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, Uses and for no other purposespurpose. Tenant shall not suffer or permit the Demised Premises or the Building or any part of either to be used in any manner, nor suffer or permit anything to be done therein or anything to be brought into or kept therein, which, in the reasonable judgment of Landlord, shall in any way: impair the character, reputation or appearance of the Building as a high quality office building, impair or interfere with any of the Building’s services or the proper and economic heating, cleaning, air conditioning, ventilating or other servicing of the Building or the Demised Premises, impair or interfere with the use of any part of the Building, or cause discomfort, inconvenience or annoyance to any of the other tenants or occupants of the Building. Tenant shall not use nor permit the use of the Demised Premises or the Building or any part thereof, in any case, in violation of the terms of this Lease, the certificate of occupancy for the Demised Premises or the Building, if any, or any ground or underlying lease for the Building and/or the land of which the Demised Premises form a part, if any. Notwithstanding anything to the contrary contained herein, Tenant shall not use or permit the Premises any Tenant Party (as hereinafter defined) or any portion thereof party to use all or any part of the Demised Premises to be used for any purpose other than of the permitted following: (1) overnight stays or residential use of any kind; (2) retail use of any kind that involves the presence of the general public in the Demised Premises; (3) real estate brokerage or for property management; (4) a short-term desk rental, co-working or shared-office site, or an employment, personnel or executive search agency; (5) any unlawful purpose health care, rehabilitation, massage, clinic, counseling or in exercise facility of any unlawful mannerkind, and shall comply with all including, but not limited to, a medical or dental office; (6) any foreign or domestic government or any subdivision, agency, department, or instrumentality thereof, including, without limitation, any foreign, federal, state, and state or local governmental lawsor quasi-governmental body, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do agency or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.department, or any other applicable environmental law authority or entity that is affiliated therewith or controlled thereby, or any person, group or entity that enjoys diplomatic, sovereign or any other form of immunity from civil or criminal process; (7) any political, labor, not-for-profit, religious, charitable, eleemosynary, school or educational entity, or any other similar type of organization; (8) the sale or distribution of any goods, services or merchandise not expressly permitted by the terms of this Lease; (9) the live performance of any form of entertainment not being recording for Tenant’s business, including, but not limited to, singing and/or the playing of any musical instrument of any kind in any manner whatsoever at any time, without regard to whether or not admission is charged for any live vocal or musical performance (provided however, that acoustic music sessions for Tenant’s employees shall be permitted so long as Tenant ensures no noise or vibration from same shall not be heard outside of the Demised Premises); (10) cooking, other than the warming of prepared foods for employee’s lunches and snacks in one or more small microwave ovens or through the use of induction burner(s); (11) a messenger service; (12) banking, cash machine, check cashing and the like; (13) except as otherwise expressly permitted in this Lease, a recording studio. Tenant’s recording studio use shall be solely conditioned upon Tenant sound-proofing the portions of the Demised Premises utilized for same (such that no noise/vibration may be heard outside of the Demised Premises and no noise/vibration from outside of the Demised Premises may be heard in the Tenant-utilized portions of the Demised Premises which may now Tenant utilizes for such ancillary recording studio use); (14) sale, display or hereafter be distribution of lewd or pornographic materials, alcohol, tobacco products or firearms of any kind; (15) the manufacture of any product; (16) any activity which involves the storage, use or generation of medical waste, corrosive or toxic solids, liquids or gasses and/or any hazardous materials; and (17) any occupancy or use which makes excessive demands on the Building’s services or facilities. For the purposes of this Lease, “Tenant Party” means any of Tenant, space, any subtenant or any other permitted user of the Demised Premises (including any affiliate of Tenant that in effect. If Landlord does give written consent to Tenant pursuant to any case occupies the foregoing sentenceDemised Premises or any portion thereof) or any person claiming by, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by through or under Tenant, and shall remain liable for each of their respective direct or indirect partners, officers, shareholders, directors, members, trustees, beneficiaries, employees, principals, contractors, licensees, agents, representatives, maintenance personnel acting on behalf of Tenant or any permitted user and guests and invitees at the costs of any clean up Premise or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 1 contract
Sources: Lease Agreement (BuzzFeed, Inc.)
Use. Tenant The Premises shall use and occupy the Premises only be used for the Permitted Use set forth in Section 1.01(f) hereof, general office purposes and for no other purposespurpose whatsoever. Tenant shall not use or permit Any kitchenette facilities installed in the Premises or any portion thereof shall be ancillary to be used for any purpose other the office use and shall consist of no more than the permitted use or for any unlawful purpose or in any unlawful mannera sink, dishwasher, refrigerator, microwave, and shall comply with all federalother UL-rated countertop cooking equipment such as, statefor example, only, and local governmental lawsnot by way of limitation, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereofa toaster oven or coffeemaker. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything therein which is prohibited by or will 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 standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event thatLessee shall not use, by reason store, or dispose of any acts of Tenant or its conduct of business, there shall be any increase in the rate Premises any hazardous at toxic substances, with the sole exception of insurance on such substances as are ordinarily used in the Building or its contentscourse of normal office operations (such as copier fluids), Tenant hereby agrees to pay provided that such increasesubstances are kept in only such quantities as are reasonably required for normal office operations and are used, handled, stored, and disposed of in accordance with all applicable laws. Tenant Losses shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building, or injure or annoy them. Tenant , or use or allow the Premises to be used for any unlawful purpose, nor shall not Lessee cause, maintain or permit any nuisance in, on on, or about the Premises. Tenant shall not Premises or commit or suffer to be committed any waste in in, on, or upon about the Premises. Without limitation of Notwithstanding anything to the foregoingcontrary in this paragraph, Tenant shall notLessor understands and agrees that Lessee intends to locate computers, without Landlord's prior written consentservers, use, store, install, spill, remove, release or dispose of within or about the Premises or any and other equipment in a secure climate-controlled portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable similar to Landlord or other occupants web hosting services. Lessee also requires sufficient electrical capacity to the Premises for the operation of normal office equipment as well as the computer equipment and air conditioning equipment for the climate-controlled room in the Premises. Lessor hereby consents to Lessee's use of the Project by reason Premises and installation of lightthe equipment as described in this paragraph and agrees that Lessee shall not be liable for any additional costs, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in than electricity which shall be separately metered to the ProjectPremises.
Appears in 1 contract
Sources: Office Lease (Medicalogic Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of Office, sales, R&D, light manufacturing and related uses necessary for the use of Tenant or any approved assignee or subtenant to conduct its business providing any and all uses of the Premises shall be subject to and in Section 1.01(f) hereofconformance with all governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerwithout Landlord’s prior written consent, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contentscontents without the prior written consent of Landlord, and provided Tenant bears any cost related to such increased rate, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. contents Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law that governs, Tenant use of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction (“CC&R’s) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
Use. Tenant 9.1 The Premises shall use and occupy the Premises only be used solely for the Permitted Use set forth in Section 1.01(f) hereof, the Fundamental Lease Provisions and for no other purposes. Tenant shall not use offer, sell or permit market any real estate services or real estate related services to other tenants in the Building other than to Related Corporations, which services are in competition with services offered by Landlord to tenants in the Building and Tenant shall not offer telecommunication services utilizing the Building, Building Equipment or any conduits, or shafts, whether located within the Premises or any portion thereof outside the Premises, to be used for any purpose other than tenants in the permitted use Building.
9.2 Tenant shall not use, occupy, suffer or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to permit the Premises, the ProjectBuilding or any part of either to be used in any manner, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or suffer or permit anything to be done brought into or kept therein, which would (a) make unobtainable at standard rates from any reputable insurance company authorized to do business in the State of New York, any fire insurance with extended coverage or about liability, elevator, boiler, umbrella or other insurance, (b) cause, or be likely to cause, injury or damage to the Building or to any equipment contained therein or on the Premises, nor bring (e) constitute a public or keep anything therein which will in private nuisance, (d) violate any way increase certificate of occupancy for the existing rate Building, provided, however, that Landlord shall not modify or alter such certificate to conflict with Tenant's Permitted 41 42 Use, (e) emit objectionable noise, fumes, vibrations, heat, chilled air, vapors or odors into or from the Building, except through exhausts vented to the outside of the Building at locations approved by Landlord, or affect the equipment contained therein, (f) impair or interfere with any fire of the Building services, including the furnishing of electrical energy, or the proper and economical cleaning, heating, ventilating, air conditioning or other insurance upon services of the Project Building, the equipment contained therein or the Premises or (g) violate any of its contentsLegal Requirement or Insurance Requirement. The restrictions imposed by this Section, and the application thereof, shall not be limited or cause cancellation modified by the terms of any insurance policy covering the Project or any part thereof or any other provision of its contents. In the event that, by reason of any acts of this Lease.
9.3 Tenant or its conduct of businessTenant's assignees, there shall be any increase in the rate of insurance on the Building subtenants, employees, agents, contractors, invitees or its contents, Tenant hereby agrees to pay such increase. Tenant licensees shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure them or annoy them. use or allow the Premises to be used for any purpose which is unlawful, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Lease Agreement (Organic Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances and solely for the Permitted Use set forth purpose specified in Section 1.01(f) hereof, Paragraph 1.1 and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to [ILLEGIBLE] be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project the [ILLEGIBLE] which will in any way obstruct or interfere with [ILLEGIBLE] the rights of other tenants or occupants of the Project Complex or injure [ILLEGIBLE], or annoy themuse or allow the Premises to [ILLEGIBLE] any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in [ILLEGIBLE] or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not permit place any nuisance inloads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the Common Area of the Complex. No loudspeaker or about other device, system or apparatus which can be heard outside the PremisesPremises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenants, rules and regulations pertaining to and governing such use by Tenantconditions, or restrictions ("CC&R's") affecting the Premises. The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Sources: Lease Agreement (Details Inc)
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply conformance with all federal, state, and local applicable governmental laws, ordinances, ordersregulations, rules and regulations applicable to ordinances for the Premisespurpose of office, the Projectsales, R&D, light manufacturing and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits related uses necessary for the use of Tenant or any approved assignee or subtenant to conduct its business providing any and all uses of the Premises. Premises shall be subject to and in conformance with all governmental laws and ordinances and for no other purpose without Landlord’s prior written consent, Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents without the prior written consent of Landlord, and provided Tenant bears any cost related to such increased rate, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other material in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law that governs Tenant use of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectPremises. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
Use. Tenant shall only use and occupy the Premises only premises (a) for general office purposes, (b) to house, operate and maintain telecommunications equipment and (c) for activities ancillary to the Permitted Use set forth uses specified in Section 1.01(f) hereofthe immediately preceding two clauses (collectively, the "PERMITTED USE"), and for no other purposespurpose without Landlord's prior written consent. Tenant shall will not (i) use the Premises for any unlawful, disreputable, or extra-hazardous purpose, (ii) maintain or allow any public or private nuisance in the Premises, (iii) disturb the quiet enjoyment of any other tenant, (iv) permit any operation on the Premises which might emit offensive odors into other portions of the building, (v) use any apparatus which might make undue noise or set off undue vibrations in the building or (vi) permit any activity or anything to be kept or used which would increase the fire insurance rate or other insurance rates on the building or contents. Tenant will not permit the Premises or any portion thereof to be used for any purpose other than which, in Landlord's reasonable opinion, impairs the permitted use reputation or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use character of the Premisesbuilding. Tenant shall not do or install nor permit anything to be done the installation of any signs in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any Premises which are visible from the exterior hereof without the written consent of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increaseLandlord. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with use the rights of other tenants sidewalks, entries, passages, vestibules, halls, elevators or occupants stairways of the Project building for any purpose other than ingress or injure or annoy them. Tenant shall not permit any nuisance in, on or about egress to and from the Premises. Tenant shall not commit , or suffer to be committed any waste in throw, or upon the Premises. Without limitation sweep, or put anything out of the foregoingwindows or doors, Tenant or in the passages or corridors of the building. Landlord shall notinclude in each lease of, without Landlord's prior written consentand in each other occupancy or use agreement for, use, store, install, spill, remove, release or dispose of within or about the Premises or any other every portion of the Projectbuilding, any asbestos-containing materials or any solidother than the Premises, liquid or gaseous material now or hereafter considered toxic or hazardous under a section that is substantially the provisions of 42 U.S.C. 9601same as this section, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to modified only by the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation description of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used Permitted Use. Landlord shall enforce such section in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectall such Leases and agreements.
Appears in 1 contract
Use. Tenant 5.1 Lessee (and its permitted assignees and subtenants) shall use and occupy the Premises only for general business, administrative, sales, service, and product development, not in violation of the Permitted Use set forth in Section 1.01(f) hereofprotective or restrictive covenants hereinafter referred to, and for no other purposespurpose without the prior written consent of Lessor. Tenant Lessee shall not use or permit operate its business in the Premises or any portion thereof to be used for any purpose other than during the permitted use or for any unlawful purpose or entire Lease Term and in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done a reputable manner in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply compliance with all applicable laws, rules ordinances, regulations, covenants, restrictions, and regulations pertaining other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to and governing annoy or disturb 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 the Building structure or to any space to such use by Tenanta degree as to be objectionable to Lessor or to any tenant, occupant, or other person in the Building. 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 remain liable for not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the costs reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any clean up goods or removal required materials delivered to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer sent from the Premises to be occupied done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or used in a manner offensive such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or objectionable materials delivered to Landlord or sent from the Premises to be stored on, accumulate on or obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other occupants public areas or spaces of the Project by reason Building or the Property. Lessee acknowledges that violations of lightthis Section 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or permit any work, radiationincluding, magnetismbut not limited to, noiseassembly, odors and/or vibrationsconstruction, mechanical work, painting, drying, layout, cleaning, or interfere repair of goods or materials, to be done on the loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building or the Property.
5.5 Lessee shall not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and similar materials which are not in any way reportable quantities as defined and required by Federal or State Laws and in compliance with other tenants or those having business in the Projectall applicable laws.
Appears in 1 contract
Sources: Lease (Clarus Corp)
Use. The Premises shall be used and occupied by Tenant solely for the purposes of office/warehouse, light manufacturing, research and development, and cadaveric training and such use by Tenant shall at all times be in full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord Set forth on Exhibit C. The Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Premises shall not be used in any manner that will increase the rates required to be paid for pubic liability or for fire and occupy the Premises only extended coverage insurance for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposesProperty. Tenant shall occupy the Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable, and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations, or Landlord in its management of the Building. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or permit equipment in or about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall provide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be installed by Tenant in the Premises without the prior written consent of Landlord. In no event shall Tenant (i) penuit the storage of any materials, equipment or other personal property outside of the Building or (ii) penult any motor vehicle to be parked outside of the Building overnight except notwithstanding anything in paragraph 21 of the Rules and Regulations attached hereto as Exhibit C, the following overnight parking is permitted (a) employee parking related to 2nd or 3rd shift work schedules, (b) overnight parking of employee vehicles from time-to-time in connection with out-of-town travel, and (c) company vehicles backed up to the Premises loading dock door. Tenant shall have access to the Premises and parking 24 hours per day, 365 days per year. Tenant represents and warrants to Landlord that prior to the parties’ execution of this Lease, Tenant has furnished Landlord with a complete list of all equipment Tenant will use in the Premises for the purposes permitted under this Article 11, including, without limitation, radio surgical equipment, radiation emitting equipment and equipment used in providing diagnostic or therapeutic testing services, such as fluoroscopy, x-ray, plane film radiology, computerized tomography (CT), ultrasound, radiation therapy, mammography and breast diagnostics, nuclear medicine testing and magnetic resonance imaging (for purposes of this Article 11, collectively referred to as the “Equipment”). No Equipment, other than the Equipment included on Tenant’s list, may be used in the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld, and no Equipment may be used in the Premises that causes material levels of noise or vibration. If any of Tenant’s Equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall, at Tenant’s sole cost and expense and in compliance with all other applicable provisions of this Lease, provide adequate insulation or take such other action, including removing such Equipment, as may be necessary to eliminate the disturbance. Tenant covenants and agrees that it shall not store, process, produce or dispose of any infectious, hazardous or toxic wastes or substances (as those terms are defined under federal or state law, and specifically including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§9601 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§9601 et seq.; the Minnesota Environmental Response and Liability Act, Minn. Stat. Chapter 115.B; and the Minnesota Infectious Waste Control Act, Minn , Stat. §§116.75 et seq.) upon the Premises or any portion part thereof without first obtaining Landlord’s written consent. Landlord hereby consents to Tenant’s use of such materials in the operation of its business provided all such materials are handled and disposed of in accordance with applicable laws and regulations. In all events any such infectious, hazardous or toxic wastes or substances shall be used for any purpose other than the permitted use or for any unlawful purpose or handled and stored in any unlawful mannerstrict compliance with all applicable laws, ordinances and regulations, and evidence of such compliance shall be given to Landlord if requested by Landlord. Tenant shall immediately, upon request, provide Landlord with copies of all permits, inspection reports, monitoring reports, licenses, orders, demands, compliance requests, edicts or other documents filed, served, delivered or transmitted either with, to or from the Minnesota Department of Health, Minnesota Pollution Control Agency or the Environmental Protection Agency (or any successor organization) or other governmental body (hereafter “Environmental Requirements”). Tenant further agrees to comply with all federalEnvironmental Requirements. In no event shall any infectious, statehazardous or toxic waste or substance or any pollutant or contaminate be disposed of on the Premises through the sewer system serving the Premises or stored underground. If any infectious, and local governmental laws, ordinances, orders, rules and regulations applicable hazardous or toxic waste or substance is to be utilized by Tenant on the Premises, except for Waste (as defined below) used in the Project, and the occupancy thereof and ordinary course of Tenant’s business which Tenant shall give prompt written notice store and dispose of in accordance with all applicable Environmental Requirements, Tenant agrees to advise Landlord of any notification as to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use what area of the Premises. Tenant shall not do Building any infectious, hazardous or permit anything toxic substances or materials will be located and/or stored and what construction steps or procedures, if any, need to be done taken in connection with any construction of improvements being made to the Premises or about the Building so as to protect the Premises, nor bring Building and improvements located thereon from contamination of any said infectious, hazardous or keep anything therein toxic substances, including the prevention of any release into the environment as a result of any handling or reasonably foreseeable mishandling of said infectious, hazardous or toxic substances. Tenant further agrees to take all appropriate action, at its sole expense, to prevent any release or threatened release into the Premises, Building, the land underlying said Building or the environment as a result of infectious, hazardous or toxic substances deposited, stored, placed on or which will in any way increase the existing rate of or affect any fire or other insurance otherwise come to be located upon the Project Premises or any which is the result of its contents, the existence or cause cancellation emission of any insurance policy covering infectious, hazardous or toxic chemicals, substances, materials or pollutants in, on or from the Project or any part thereof or any of its contentsPremises. In the event thatany such release does occur, by reason as a result of any the acts or omissions of Tenant Tenant, or its conduct of businessemployees, there shall be any increase agents or contractors, or in the rate event of insurance on Tenant’s failure to comply with the Building or its contentsEnvironmental Requirements, Tenant hereby agrees to pay indemnify and hold Landlord harmless from all damages, liability, claims, costs (including reasonable attorneys’ fees), actions and proceedings resulting from or relating to (either directly or indirectly) from such increaserelease and/or failure to so comply. At the end of the Term or earlier termination of Tenant’s possession of the Premises, Tenant shall not do remove, at its sole expense, and in full compliance with all Environmental Requirements all infectious, hazardous or permit anything toxic chemicals, substances, materials or pollutants. The requirements and indemnifications of this Article 11 shall survive the expiration or termination of this Lease Agreement. Tenant, at its expense, further agrees to be done comply with each present and future federal, state or local law or ordinance regulating the collection, sorting, separation, recycling of waste products, garbage, refuse, infectious waste and trash (collectively the “Waste”) in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to sort and separate the Waste into such containers and categories as required by law. Each separately sorted category of Waste shall be committed any waste placed in or upon the Premisesseparate receptacles as designated and approved by Landlord. Without limitation of the foregoing, Tenant Such separate receptacles shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about be removed from the Premises in accordance with collection schedules prescribed by law or otherwise reasonably prescribed by Landlord. Landlord reserves the right to refuse to collect or accept from Tenant any other portion of the ProjectWaste that are not separated and sorted as required by law and to require Tenant to arrange for such collection, any asbestos-containing materials or any solidat Tenant’s expense, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et sequtilizing a contractor reasonably satisfactory to Landlord., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant (a) The premises shall use and occupy the Premises only be used solely for the Permitted Use set forth permitted use as described in Section 1.01(f) hereof, the Basic Lease Information and for no other purposesother. Tenant shall not use or permit the Premises or any portion thereof premises to be used for any other purpose other than without Landlord's prior written consent. Landlord and ▇▇▇▇▇▇ hereby further acknowledge that the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premisesidentity of ▇▇▇▇▇▇, the Project, specific character of ▇▇▇▇▇▇'s business and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the anticipated use of the Premisespremises and the relationship between such use and other uses within the Building has been material consideration to Landlord's entry into this Lease. Any material change in the character of ▇▇▇▇▇▇'s business or use shall constitute a default under this Lease.
(b) Tenant shall not do or permit anything to be done in in, on or about the Premisespremises, nor bring or keep or permit to be brought or kept therein, anything therein which is prohibited by or will 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 standard form of fire insurance policy or will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsBuilding, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or of any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure or annoy them, or use or allow the premises to be used for any improper, immoral, unlawful or objectionable purpose. Nor shall Tenant shall not cause, maintain or permit any nuisance in, on in or about the Premises. Tenant shall not or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, premises.
(c) Tenant shall notnot cause or permit any Hazardous Material to be brought upon, without Landlord's prior written consent, use, store, install, spill, remove, release kept or dispose of within used in or about the Premises premises or the Building. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the premises or the Building caused or permitted by Tenant results in contamination of the premises or the Building then Tenant shall indemnify, defend and hold Landlord harmless for, from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any other portion clean-up, remedial, removal or restoration work required by any federal state or local governmental agency or political subdivision because of Hazardous Material present in or about any part of the ProjectBuilding including, any asbestos-containing materials without limitation, the soil or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous ground water under the provisions of 42 U.S.C. 9601, et seqBuilding., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Office/Warehouse/Showroom Lease (Musicmaker Com Inc)
Use. Tenant (a) The Premises shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerbanking (including but not limited to retail banking), general office and warehouse, assembly, equipment, testing and development, and shall comply with all federaldistribution purposes and no other, stateunless consented to in writing by Landlord, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premiseswhich consent will not be unreasonably withheld. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Premises anything which is prohibited by or keep anything therein which will in any way in conflict with (in the case of hazardous materials, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is property controlled, safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout this Lease, obstruct or interfere with the rights of other tenants tenants, or occupants of use or allow the Project Premises to be used for any improper, immoral, unlawful or injure objectionable purpose, nor shall Tenant cause, maintain or annoy them. Tenant shall not permit any nuisance nuisance, in, on or about the Premises or commit or suffer to be committed any waste in, on or about the Premises. Landlord agrees to disclose to Tenant, or Tenant's agent, any information known by Landlord regarding the condition of the Premises, including but not limited to, relevant soil conditions, presence of hazardous or contaminated substances, PCB transformers, or other toxic substances.
(b) Tenant shall not commit or suffer to be committed any waste in or upon use the Premises. Without limitation name of the foregoingBuilding in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's address) without written consent of Landlord.
(c) Tenant shall notnot manufacture, without Landlord's prior written consent, use, store, install, spill, remove, release assemble or dispose store materials inside the common areas outside of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqBuilding., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Commercial Lease (Advanta Corp)
Use. Tenant shall use and occupy the Premises only in conformance with applicable --- governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all applicable governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises including the outside of the building, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. Tenant shall use and occupy be permitted to use the Leased --- Premises only for any lawful purpose, including the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposesoperation of an adult entertainment business. Tenant shall keep the Leased Premises open for business for such permitted use during normal business hours with adequate staff and inventories. In connection with its use of and activities in, upon or about the Leased Premises, Tenant, at its sole expense, will comply, and will cause Tenant's Agents (hereinafter defined) to comply, with any and all applicable laws, statutes, ordinances, permits, orders, decrees, guidelines, rules and regulations in any way applicable to Tenant, Tenant's Property or the Leased Premises (collectively, "Legal Requirements" and individually, "Legal Requirement"). Tenant will not use (a) use, occupy or permit the use or occupancy of the Leased Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannermanner which is not permitted hereunder or which is nor may be, and shall comply with all federaldirectly or indirectly, stateviolative of any Legal Requirement, and or dangerous to life or property, or a public or private nuisance, or disruptive or obstructive of any neighbor of the Leased Premises or disruptive of the quiet enjoyment of any neighbor of the Leased Premises, (b) keep, or permit to be kept, any substance in or conduct, or permit to be conducted, any operation from the Leased Premises which might emit offensive or hazardous odors or conditions onto, about or into the Leased Premises or the property located outside the Leased Premises, or possess, or allow possession of, illicit drugs, drug paraphernalia or contraband on the Leased Premises, or commit, permit, or suffer to exist any act or omission affording the federal government, or any state or local governmental lawsagency, ordinancesthe right of forfeiture as against the Leased Premises, ordersor any part thereof, rules and regulations applicable (c) cause, commit or permit to remain any waste or damage to the Leased Premises, or any conditions which adversely impair in the Project, and Landlord's reasonable judgment the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use value or marketability of the Leased Premises. Tenant shall not do , (d) install or permit anything to remain any improvements to the Leased Premises (other than improvements which have first been approved by Landlord) which are visible from the outside of the Leased Premises, or exceed the structural loads of floors or walls of the Building, or adversely affect the mechanical, plumbing or electrical systems of the Building or affect the structural integrity thereof in any way, (e) commit, or permit to be done in committed, any action or circumstance in, upon or about the PremisesLeased Premises which, nor bring directly or keep anything therein which will indirectly, would justify any insurance carrier in any way increase canceling or increasing the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of premium on any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building Leased Premises or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in and if any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingincrease so results, Tenant shall not, without pay such increase upon the Landlord's prior written consentdemand, use, or (f) store, installland, spillreplace, removeor permit to be stored, release landed or dispose of within or about placed upon the Premises or any other portion of the ProjectLeased Premises, any asbestos-containing materials or any solidhelicopter, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord airplane or other occupants type of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectaircraft.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofgeneral office, manufacturing, laboratory and warehouse use, and for no other purposespurpose. Landlord acknowledges that Tenant’s use of autoclaves, compressors, hoods and walk-in curing ovens are permitted uses. Except for Landlord’s Work to be performed by Landlord in accordance with Exhibit B, Tenant will accept the Premises AS IS, in the condition existing as of the Commencement Date, with no work to be performed by Landlord. Tenant shall not, without the prior written consent of Landlord, use any apparatus, machinery or device in or about the Premises which will cause any noise, vibration, fumes or electronic interference or which will overload the floors, structure, systems, or equipment of the Buildings. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or permit anything to be done in the Premises, in any manner which: (a) violates the Certificate of Occupancy for the Premises or for the Buildings; or (b) causes or is liable to cause injury to the Premises or the Buildings or any portion thereof to be used for equipment, facilities or systems therein; or (c) constitutes a violation of any purpose law, statute, ordinance, rule, regulation, order or other than governmental requirement (collectively “Laws”) or the permitted use requirements of insurance bodies; or for any unlawful purpose (d) impairs the character or in any unlawful mannerappearance of the Buildings as first-class buildings; or (e) impairs the proper and economic maintenance, operation and repair of the Buildings and/or their equipment, facilities or systems; or (f) annoys or inconveniences other tenants or occupants of the Project; or (g) overloads the floor loads or electrical capacity of the Buildings. Tenant shall also comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations Laws applicable to the Premises, the Project, Tenant’s use and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do allow any objectionable liquid, odor, or permit anything noise to be done in or about emitted from the Premises, nor bring or keep anything therein which will in ; store any way increase the existing rate of or affect any fire gasoline or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance highly combustible materials on the Building Premises which would violate any applicable fire code or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which regulation nor conduct any operation that will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about increase Landlord’s fire insurance rates for the Premises. Tenant Landlord shall not commit or suffer have the right to be committed any waste in or upon reasonably approve the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs installation of any clean up power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant architect whose opinion will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectcontrol regarding floor loads.
Appears in 1 contract
Sources: Lease Agreement (I Flow Corp /De/)
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. The Tenant shall not use or permit the Premises or any portion thereof to be used Property for any purpose other than the permitted Permitted Use. The Tenant shall not leave any refuse on any street or pavement outside the Property except at such times and in such manner as accord with the arrangements for the collection of refuse from the Property by the local authority. The Tenant shall load and unload goods only at such times as accord with any by laws or parking restrictions imposed by the local authority. The Tenant shall not allow any noise, music or flashing lights to emanate from the Property so as to cause a nuisance or annoyance to any other tenants or occupiers of the Building or any neighbouring property or which may be or tend to be detrimental to the use or and reputation of the Building (excluding the Property) as a private residence. The Tenant shall not use the Property for any unlawful illegal purposes nor for any purpose or in any unlawful mannera manner that would cause loss, and shall comply with all federaldamage, stateinjury, and local governmental laws, ordinances, orders, rules and regulations applicable nuisance or inconvenience to the PremisesLandlord, the Project, and other tenants or occupiers of the occupancy thereof and Building or of any neighbouring property. The Tenant shall give prompt written notice not overload any structural part of the Building nor any Service Media at or serving the Property. Not to Landlord store or bring upon the Property any materials or liquid of a specially combustible inflammable dangerous or offensive nature. Not to bring keep store or stack or lay out upon any notification unbuilt part of the Property any material equipment plant bins crates carton boxes waste receptacles or any other items which are or might become untidy unclean unsightly or in any way detrimental to Tenant the Property. Not to block up or obstruct the entrance staircase or any part or parts of the Building of which the Property forms part or to do anything which might be or become a source of danger to persons using the same and not to deposit or permit to be deposited any claimed violation thereofwaste rubbish or refuse in the same. Tehaht Not to hold in the Property any sale by auction, public exhibition or political meeting. Nothing in this lease shall at its own cost and expense obtain impose or be deemed to impose any and all licenses and permits necessary for restriction on the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate other part of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increaseany neighbouring property. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere Compliance with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, laws The Tenant shall comply with all applicable lawslaws relating to: the Property and the occupation and use of the Property by the Tenant; the use or operation of all Service Media and machinery and equipment at or serving the Property whether or not used or operated; any works carried out at the Property by or at the request of the Tenant; and all materials kept at or disposed from the Property by or at the request of the Tenant. Without prejudice to any obligation on the Tenant to obtain any consent or approval under this lease, rules the Tenant shall carry out all works that are required under any law to be carried out at the Property whether by the owner or the occupier. Within five working days after receipt of any notice or other communication affecting the Property or the Building (and regulations pertaining whether or not served pursuant to any law) the Tenant shall: send a copy of the relevant document to the Landlord; and governing such use by Tenantin so far as it relates to the Property, take all steps reasonably necessary to comply with the notice or other communication and take any other action in connection with it as the Landlord may reasonably require. The Tenant shall remain liable not apply for any planning permission for the costs Property. The Tenant shall comply with its obligations under the CDM Regulations, including all requirements in relation to the provision and maintenance of a health and safety file. The Tenant shall supply all information to the Landlord that the Landlord reasonably requires from time to time to comply with the Landlord’s obligations under the CDM Regulations. As soon as reasonably practicable after the Tenant becomes aware of any clean up or removal required defect in the Property, it shall give the Landlord notice of it. The Tenant shall indemnify the Landlord against any liability under the Defective Premises ▇▇▇ ▇▇▇▇ in relation to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project Property by reason of lightany failure of the Tenant to comply with any of the tenant covenants in this lease. The Tenant shall keep the Property equipped with all fire prevention, radiationdetection and fighting machinery and equipment and fire alarms which are required under all relevant laws or required by the insurers of the Property as notified to the Tenant by the Landlord in writing or reasonably required by the Landlord and notified to the Tenant in writing and shall keep that machinery, magnetismequipment and alarms properly maintained. Energy performance certificates The Tenant shall: cooperate with the Landlord so far as is reasonably necessary to allow the Landlord to obtain an Energy Performance Certificate and Recommendation Report for the Property or the Building including providing the Landlord with copies of any plans or other information held by the Tenant that would assist in obtaining an Energy Performance Certificate; and allow such access to any Energy Assessor appointed by the Landlord as is reasonably necessary to inspect the Property on at least two days' prior written notice to the Tenant for the purposes of preparing an Energy Performance Certificate and/or Recommendation Report for the Property or the Building. The Tenant shall not commission an Energy Performance Certificate for the Property without the Landlord's consent such consent not to be unreasonably withheld. Encroachments, noiseobstructions and acquisition of rights The Tenant shall not grant any right or licence over the Property to any person. If any person makes or attempts to make any encroachment over the Property or takes any action by which a right may be acquired over the Property, odors and/or vibrations, the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that encroachment or interfere in action; and take all steps (including any way proceedings) the Landlord reasonably requires to prevent or license the continuation of that encroachment or action. The Tenant shall not obstruct the flow of light or air to the Property or any other part of the Building nor obstruct any means of access to the Property or any other part of the Building. The Tenant shall not make any acknowledgement that the flow of light or air to the Property or any other part of the Building or that the means of access to the Property or any other part of the Building is enjoyed with other tenants the consent of any third party. If any person takes or those having business threatens to take any action to obstruct the flow of light or air to the Property or obstruct the means of access to the Property the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that action; and take all steps (including proceedings) the Landlord reasonably requires to prevent or secure the removal of the obstruction. Breach of repair and maintenance obligations The Landlord may enter the Property on reasonable prior written notice (except in the Projectcase of an emergency) to inspect its condition and state of repair and may give the Tenant a notice of any breach of any of the tenant covenants in this lease relating to the condition or repair of the Property. If the Tenant has not begun any works needed to remedy that breach within two months following that notice (or if works are required as a matter of emergency, then immediately) or if the Tenant is not carrying out the works with all due speed, then the Landlord may enter the Property and carry out the works needed. The proper and reasonable costs incurred by the Landlord in carrying out any works pursuant to this clause (and any professional fees and any VAT in respect of those costs) shall be a debt due from the Tenant to the Landlord and payable within 14 days of demand. Any action taken by the Landlord pursuant to this clause shall be without prejudice to the Landlord’s other rights, including those under clause 35.
Appears in 1 contract
Sources: Lease
Use. Tenant The Premises shall use be used and occupy occupied by Lessee for only the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, following purposes and for no other purposes. Tenant shall not use or permit purposes whatsoever without obtaining the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful mannerprior written consent of Lessor: Multi Media software design, production space and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant computer server hosting.
(A) Lessee shall not do or permit anything to be done in or about the Premises and/or Project which will increase the existing rate of insurance upon the Premises (unless Lessee shall pay any increased premium as a result of such use or acts) or cause the cancellation of any insurance policy covering said Premises or any building of which the Premises may be a part, nor shall Lessee sell or permit to be kept, used or sold in or about said Premises any articles which may be prohibited by a standard form policy of fire insurance.
(B) Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of any building of which the Project Premises may be a part or injure or annoy them. Tenant them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall not Lessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of .
(C) Lessee shall not use the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release Premises or dispose of within permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance or 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 and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material similar body now or hereafter considered toxic constituted relating to or hazardous under affecting the provisions condition, use or occupancy of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthe Premises. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs The judgment of any clean up court of competent jurisdiction or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation the admission of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere Lessee in any way with other tenants action against Lessee, whether Lessor be a party thereto or those having business in the Project.not, that Lessee has violated any law,
Appears in 1 contract
Sources: Lease (Organic Inc)
Use. Tenant shall use the Premises' only in conformance with applicable governmental laws, regulations, rules and occupy the Premises only ordinances for the Permitted Use set forth purpose of general office and storage uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereof, accordance with all applicable Governmental laws and ordinances and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its Its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything In, on or about the Premises and/or Project which will in any way anyway obstruct or interfere Interfere with the rights of other tenants or occupants of the Project Premises or injure neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction permitted on the Premises. Tenant shall not commit or suffer to be committed place any waste in or loads upon the Premises. Without limitation of the foregoingfloors, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.walls, or any other applicable environmental law ceiling which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to endanger the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrationsstructure, or interfere place any harmful fluids or of materials in any way with other tenants or those having business in the Project.the
Appears in 1 contract
Sources: Lease Agreement (Divine Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances ("Laws"), including without limitation the Americans With Disabilities Act of 1990 (the "ADA"), and solely for the Permitted Use set forth purpose specified in Section 1.01(f) hereof, Paragraph 1.J and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring to keep or keep permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or the Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building therein, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside of Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of the Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenants, conditions, or restrictions ("CC&Rs") affecting the Premises, as the same may hereafter be amended from time to time, as well as any reasonable rules and regulations pertaining promulgated by Landlord from time to time (the "Rules and governing Regulations"). Landlord reserves the right to reasonably amend such Rules and Regulations from time to time as Landlord may deem appropriate, which amendment shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Tenant shall use its best efforts to cause its agents, employees, contractors and invitees to cooperate in observance of such Rules and Regulations, as the same may be amended from time to time. 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 or occupant of the Complex. Landlord shall not be responsible to Tenant for the breach of the Rules and Regulations by any other tenant or occupant of the Complex. Landlord represents to Tenant that, at the Commencement Date, Tenant's intended use of the Premises conforms to all requirements of CC&R's, all underwriter's requirements, and shall remain liable all Regulations applicable thereto, including the ADA (and the related California laws governing accessibility requirements for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectdisabled).
Appears in 1 contract
Sources: Lease Agreement (Logic Devices Inc)
Use. Tenant Lessee shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, general office purposes and for no other purposespurpose without the prior written consent of Sublessor. Tenant Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit the Premises or any portion thereof to be used for carried on, any purpose other than the permitted use offensive, noisy or for dangerous trade, business, manufacture or occupation nor permit any unlawful purpose auction sale to be held or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of conducted on or about the Premises. Tenant Sublessee shall not do or permit suffer anything to be done upon the Premises which will cause structural injury to the premises or the building of which the same form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or about upon the Premisespremises which will injure, nor bring vibrate or keep anything therein shake the Premises or the building of which it is part. No use shall be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. No musical instrument of any sort, or any noise making devise will be operated or allowed upon the premises for the purpose which will increase the existing rate of or affect any fire or other insurance upon the Project or any of its contentsbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Project building or any part thereof thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of its contentsSublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. In No such payment by Sublessee shall limit Sublessor in the event that, by reason exercise of any acts of Tenant other rights or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.remedies, or any other applicable environmental law which may now constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectuse.
Appears in 1 contract
Sources: Sublease Agreement (Digitas Inc)
Use. Tenant shall use and not use, occupy or operate the whole or any part of the Premises only for the any purpose other than that set forth under Permitted Use set forth in Section 1.01(f) the Fundamental Lease Provisions; nor shall Tenant permit the same to be used for any other purpose. Tenant shall further use the Premises in accordance with the Rules and Regulations from time to time adopted by Landlord and in such manner as will not interfere with or infringe on, the rights of other tenants in the Shopping Center. A copy of such Rules and Regulations presently in effect are attached hereto as Exhibit A and by this reference made a part hereof, and for no other purposes. Tenant shall not use or occupy the Premises in violation of any law, ordinance, regulation or other directives of any governmental authority having jurisdiction hereof, not permit a nuisance to be created or maintained therein. Tenant shall not maintain or permit any coin operated or vending machines within or about the Premises without the prior written consent of Landlord. During the term hereof, Tenant shall be in continuous use, occupancy and operation of the entire Premises, shall conduct business in the Premises for the purposes herein stated and shall not vacate or abandon the Premises or allow the same to appear vacated or abandoned. Tenant shall conduct its business in the Premises under the trade name set forth under Tenant's Trade Name in the Fundamental Lease Provisions, and under no other name or trade name unless first approved in writing by Landlord. Tenant shall not allow any portion thereof odor or sound produced or originating in the Premises to be used for any purpose other than detectable outside the permitted use or for any unlawful purpose or in any unlawful mannerPremises and shall, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost sole expense, exhaust and/or filter all such odors in such manner that they cannot be detected outside the Premises and expense obtain any and all licenses and permits necessary for sound proof the use wall of the Premises in such manner that such sounds cannot be heard outside the Premises. Tenant shall not do not, under any circumstances, conduct in the Premises of the Shopping Center any auction or permit anything to be done in bankruptcy sale or about the Premises, nor bring fire sale or keep anything therein which will in any way increase the existing rate going-out-of or affect any fire or other insurance upon the Project business sale or any of its contentssimilar liquidation sale, or cause cancellation of any insurance policy covering it being agreed that the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall same are inconsistent and in conflict with and would be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant detrimental to the foregoing sentence, Tenant shall comply with all applicable laws, rules interest of Landlord and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Lease Agreement (Talk America)
Use. Tenant (a) The Premises shall use be used for general office and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofany other lawful purpose incidental to Tenant's business, and for no other purposesother, unless consented to in writing by Landlord. Tenant shall not use do or permit the Premises or any portion thereof to be used for any purpose other than done in or about the permitted use Premises, Building, or for any unlawful purpose Common Area, anything which is prohibited by or in any unlawful mannerway in conflict with (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and shall comply with disposed of) any and all federal, state, and local governmental laws, statutes, ordinances, orders, rules and regulations applicable to now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises, the ProjectBuilding or any of its contents, and the occupancy thereof and Tenant shall give prompt written notice to Landlord or Common Area or cause a cancellation of any notification to Tenant insurance policy covering the Premises or Building or any part thereof or any of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for contents, or the use of the PremisesCommon Area. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Building, or keep anything therein the Common Area which will in any way increase the existing rate of violate Rules or affect any fire or other insurance upon the Project or any of its contentsRegulations attached hereto as Exhibit D and those hereafter reasonably promulgated by Landlord, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises, Building or the Common Area to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not , Building, or the Common Area or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises Premises, Building or any other portion the Common Area.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, of Landlord.
(c) Tenant shall comply with all applicable lawsnot manufacture, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up assemble or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business store materials in the ProjectCommon Area.
Appears in 1 contract
Use. Tenant (a.) The Premises shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose general office purposes and no other than without the permitted prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. "General office purposes" shall include reasonable software training, demonstration and development; provided that the foregoing will in no way limit Tenant's obligation to use or for any unlawful purpose or the Premises in any unlawful manner, and shall comply accordance with all federal, state, and local governmental applicable laws, ordinancesstatutes, orders, ordinances and governmental rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant (including zoning ordinances).Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything therein which will 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 standard form of fire insurance policy, or would in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will would in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building, or injure or annoy them. , or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purposes, nor shall Tenant shall not cause, maintain or permit any nuisance or waste in, on or about the Premises. .
(b.) Tenant shall not commit cause or suffer to be committed any waste in or upon permit the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consentstorage, use, storegeneration, installrelease, spillor disposal (collectively, remove"Handling") of any Hazardous Materials (as defined below), release or dispose of within in, on, or about the Premises or any other portion of the Project, any asbestos-containing materials Building by Tenant or any solidagents, liquid employees, contractors, licensees, subtenants, customers, guests or gaseous material now invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or hereafter considered toxic 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). 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 other termination of this Lease. For purposes of this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous under substances, including without limitation, asbestos containing materials, PCB's, CFC's, or substances defined or regulated as hazardous substances or hazardous materials in the provisions 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, et seq.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 applicable environmental law which may now Federal State or hereafter be in effectlocal law, ordinance or regulation. If Landlord does give written consent to Tenant pursuant to the foregoing sentence"Hazardous Materials Laws" shall mean all Federal, Tenant shall comply with all applicable State, and local laws, rules ordinances and regulations pertaining to and defining, regulating, restricting or otherwise governing such use by Tenantthe storage, and shall remain liable for the costs use, generation, release or disapproval of Hazardous Materials. Notwithstanding any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Landlord hereby acknowledges and agrees that Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business has installed in the ProjectPremises, and shall be permitted to continue to maintain at Tenant's sole cost and expense, a halon fire protection system in accordance with all applicable laws and regulations (including, without limitation, all applicable environmental laws) and any requirements reasonably imposed by Landlord with respect thereto.
Appears in 1 contract
Use. Tenant a. In no event shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not Lessee use or permit the use of the Premises or any portion thereof to be used for any purpose other than general office use (which may include, subject to compliance with applicable laws and governmental requirements, incidental use of a portion of the permitted Premises reasonably approved by Lessor as a testing lab facility for non-destructive electronic testing only, 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 interfere with the use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant other occupant of any claimed violation thereofthe Building). Tehaht shall at its own cost Lessor and expense obtain any Lessee hereby acknowledge and all licenses and permits necessary for agree that the foregoing use restriction is an absolute prohibition against a change in use of the PremisesPremises as contemplated under California Civil Code Section 1997.230. Tenant Lessee shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep anything therein which will in any way 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. In the event thatLessee shall not, by reason without prior consent of any acts of Tenant or its conduct of businessLessor, there shall be any increase in the rate of insurance on 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 contentsutility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, Tenant hereby agrees store, or dispose of any Hazardous Materials (defined below) on any portion of the Project. Lessee shall indemnify, defend with counsel acceptable to pay such increaseLessor, 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 the previous sentence and the obligations of Lessee pursuant hereto shall survive the Lease Termination. Tenant 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 and radon gas. Lessee shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or injure or annoy them. Tenant them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall not Lessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Net Office Lease (Vyyo Inc)
Use. Tenant shall The provisions in this paragraph concerning Lessee's use and occupy of the Premises only for are cumulative with and in addition to all other provisions of this Lease.
(a) Lessee shall not in any manner deface, damage or injure the Permitted Use set forth in Section 1.01(f) hereofImprovements or any part thereof, and for no other purposesLessee shall not overload any floors or walls of the Improvements. Tenant No apparatus or appliance that would in any manner damage, injure or vibrate the Premises shall be used or operated in or on the Premises. Lessee shall not permit any noise or odor reasonably objectionable to others to escape or be emitted from the Premises. Lessee shall not do anything, and shall not permit anything to be done, which would in any way create or tend to create a nuisance. Lessee shall not place or operate any steam engines, boilers or stoves on the Premises and shall not use or allow to be used any oil, burning fluids, candles, camphene, or kerosene for heating, warming or lighting.
(b) At all times Lessee shall keep the Premises clean and free of garbage, debris, trash and refuse. Lessee shall deposit all garbage, debris, trash and refuse at such place or places on the Premises as Lessor may designate or provide.
(c) Lessee shall not use or operate any outside flashing or glaring lights on the Premises. Lessor may impose such restrictions on any permission for the use of any outside lights as Lessor may consider appropriate, including limitations on the times within which the lights may be used.
(d) If Lessee desires to use the Premises in any manner contrary to the provisions of this paragraph, Lessee shall first obtain Lessor's prior written consent. Lessor may in its discretion withhold or refuse to give any such consent.
(e) In no event shall Lessee permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord part of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied used to qualify for fulfillment of any requirements of Laws pertaining to construction, maintenance or used in a manner offensive zoning of any building or objectionable to Landlord improvements or other occupants land not included within the Premises, and no part of the Project Premises shall rely on any other property of any kind in order to qualify for fulfillment of any such requirements. Lessee shall not by reason any act or omission impair the integrity of lightthe Premises as a single parcel, radiationapart from all other property, magnetismfor zoning purposes and for purposes of levying, noise, odors and/or vibrationsassessing or imposing any Taxes and Assessments. Any attempt by Lessee to take any action, or any action taken by Lessee, which would violate any provision of this subparagraph shall be void.
(f) Nothing in this Section 33 shall prevent Lessee from using the Premises for the Current Use as currently conducted. Lessor represents and warrants to Lessee that (A) the Current Use complies with all applicable Laws, covenants or restrictions of record, building codes, regulations and ordinances in effect on the Commencement Date, and (B) there are no liens or encumbrances affecting the Premises that would interfere in any material way with other tenants or those having business in Lessee's use of the ProjectPremises for the Current Use as currently conducted.
Appears in 1 contract
Sources: Lease (Ashworth Inc)
Use. Tenant shall use and occupy the Premises only for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Permitted Use set forth in Section 1.01(f) hereof, and Premises can be used for no other those purposes. Tenant shall not use or permit waives any right to terminate this lease in the event the Premises or any portion thereof to cannot be used for such purposes during the Lease term. The premises may not be used for any other purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt without Landlord's written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesconsent. Tenant shall not do or permit anything to be done in or about the Premises, nor Premises or bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure or annoy them. Tenant shall not permit them or use or allow the Premises to be used for any nuisance inimproper, on immoral, unlawful or about the Premisesobjectionable purpose. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the foregoingPremises any signs, symbols, drapes or other materials without written consent of Landlord. Tenant shall not, without Landlord's prior written consent, keep any substances designated as, or containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store, install, spill, remove, release or store and dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply accordance with manufacturer's and suppliers' recommendations and all applicable laws, rules . Tenant shall be fully and regulations pertaining to and governing such use by Tenant, and shall remain completely liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or for any and all cleanup costs and any and all other occupants of charges, fees, fines expenses and penalties relating to the Project by reason of lightuse, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.storage,
Appears in 1 contract
Sources: Commercial Lease (Nutraceutix Inc)
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply conformance with all federal, state, and local applicable governmental laws, ordinances, ordersregulations, rules and regulations applicable to the Premises, the Project, ordinances and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary only for the use of the Premisespurpose of: SOFTWARE DEVELOPMENT, OPERATING ADMINISTRATIVE OFFICES, MARKETING, RESEARCH AND DEVELOPMENT, SALES AND MANUFACTURING AND FOR THE DIRECTLY RELATED LEGAL USES THEREOF AND FOR NO OTHER PURPOSE. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall that may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.reasonable attorneys' fees, or liability arising out of failure to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany term, rules and regulations pertaining to and governing such use by Tenantcovenant, condition, or restriction ("TCC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, research and development, manufacturing, wet lab, assembly and testing, bio-technology and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant Notwithstanding anything to the contrary herein, in no event shall not use any or permit all of the Premises or any portion thereof to be allowed, Multi Tenant/Single Parcel Page 1 of 43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514 UNIT: 1 LEASE ID: 0514-WAFE01-01 authorized and/or used for daycare and/or any other child care purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. and] Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Premises or neighboring premises 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 shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining condition, or restriction (“CC&R’s”) affecting the Premises. Tenant acknowledges that Landlord has provided a copy of said CC&R’s to and governing such use by Tenant, . The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectPremises.
Appears in 1 contract
Use. Tenant (a) The Premises shall use be used for general office, production, storage and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofany other lawful purpose incidental to Tenant's business, and for no other purposesother, unless consented to in writing by Landlord. Tenant shall not use do or permit the Premises or any portion thereof to be used for any purpose other than done in or about the permitted use Premises, Building, or for any unlawful purpose Common Area, anything which is prohibited by or in any unlawful mannerway in conflict with (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and shall comply with disposed of) any and all federal, state, and local governmental laws, statutes, ordinances, orders, rules and regulations applicable to now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises, the ProjectBuilding or any of its contents, and the occupancy thereof and Tenant shall give prompt written notice to Landlord or Common Area or cause a cancellation of any notification to Tenant insurance policy covering the Premises or Building or any part thereof or any of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for contents, or the use of the PremisesCommon Area. Tenant shall not do or permit anything to be done in or about the Premises, nor bring Building, or keep anything therein the Common Area which will in any way increase the existing rate of violate Rules or affect any fire or other insurance upon the Project or any of its contentsRegulations reasonably promulgated by Landlord, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project tenants, or injure them, or annoy them. use or allow the Premises, Building or the Common Area to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall not cause, maintain or permit any nuisance nuisance, in, on or about the Premises. Tenant shall not , Building, or the Common Area or commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoingin, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within on or about the Premises, Building or the Common Area. Tenant shall have access to the Building and Premises or any other portion on a 24 hour/7 day a week basis.
(b) Tenant shall not use the name of the ProjectBuilding in which the Premises are located, in connection with any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be business carried on in effect. If Landlord does give said Premises (except as Tenant's address) without written consent to Tenant pursuant to the foregoing sentence, of Landlord
(c) Tenant shall comply with all applicable lawsnot manufacture, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up assemble or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business store materials in the ProjectCommon Area.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose shown in Section 1.01(f) hereof, Paragraph 1B and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by law or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or the Complex or any part thereof, or any of its contents, or will cause cancellation of any insurance policy Insurance covering the Project Premises or the Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Complex. Tenant shall not place any loads upon the floors, walls or ceiling which endanger the structure, or use or store any harmful, hazardous or toxic fluids or materials or other materials in or about the Complex to include the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. Other than where specifically designated by Landlord, if any, there shall be no smoking anywhere in or adjacent to the building including the area outside the building entrances. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorney's fees, or liability arising out of the foregoing, failure of Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under to comply with the provisions of 42 U.S.C. 9601, et seq., or this paragraph and any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises or the Complex. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of General office, research and development, customer support labs, limited product sub-assembly and system testing, and storage uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereof, accordance with all applicable governmental laws and ordinances and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspreaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoingComplex. TERM* The term of this Lease shall be for a period of FIVE ( 5 ) years (unless sooner terminated as hereinafter provided) and, Tenant will not permit or suffer subject to Paragraphs 2(B) and 3, shall commence on the 1st day of June , 2000 and end on the 31st day May of 2005. Possession of the Premises to shall be occupied or used in a manner offensive or objectionable to Landlord or other occupants deemed tendered and the term of this Lease shall commence when the first of the Project following occurs: One day after a Certificate of Occupancy is granted by reason the proper governmental agency, or, if the governmental agency having jurisdiction over the area in which the Premises are situated does not issue certificates of lightoccupancy, radiationthen the same number of days after certification by Landlord's architect or contractor that Landlord's construction work has been completed; or Upon the occupancy of the Premises by any of Tenant's operating personnel; or When the Tenant Improvements have been substantially completed for Tenant's use and occupancy, magnetism, noise, odors and/or vibrations, in accordance and compliance with Exhibit B of this Lease Agreement; or interfere As otherwise agreed in any way with other tenants or those having business in the Projectwriting.
Appears in 1 contract
Sources: Lease Agreement (Com21 Inc)
Use. Tenant (a) The Premises shall use be used for general office purposes and occupy as a computer server room containing fiber optic and telephone devices and electrical switching devices (the Premises only for the Permitted Use set forth in Section 1.01(f) hereof"Data Center"), and for no other purposes. Tenant shall not use or permit purpose without the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord consent of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the PremisesLandlord. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything therein which is prohibited by or will 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 standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contents, or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building, or injure or annoy them. , or allow any excessive noises, vibrations or odors to emit from the Premises, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises or commit or suffer to be committed any waste in, on or about the Premises. Tenant shall not commit keep the blinds closed on any first (1st) floor windows through which telephone or suffer to computer equipment may be committed any waste in or upon seen from outside the Premises. Without limitation , as determined by Landlord.
(b) Tenant shall not use the name of the foregoing, Building or any similar name in connection with any business carried on by Tenant shall not, (except as Tenant's address) without Landlord's prior written consent, use, store, install, spill, remove, release consent of Landlord which Landlord may withhold in its sole and absolute discretion.
(c) Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or dispose warranty regarding the zoning of within the Building or about the suitability of the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs conduct of any clean up or removal required to be performed with respect to such asbestos-containingTenant's business, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project nor whether said business is permitted by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projectlaw.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in Section 1.01(f) hereofaccordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purposespurpose. Tenant Notwithstanding anything to the contrary herein, in no event shall not use any or permit all of the Premises or any portion thereof to be allowed, authorized and/or used for daycare and/or any other child care purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. and] Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep or permit to be brought or kept in or about the Premises anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Premises or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done in anything in, on or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure or annoy them. , or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, installreasonable attorneys’ fees, spill, remove, release or dispose liability arising out of within or about the Premises or failure of Tenant to comply with any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous applicable law for which Tenant is obligated to comply under the provisions terms of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effectthis Lease. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. Landlord has provided a copy of said CC&R’s to Tenant. In the event the CC&R’s are subsequently amended, (i) said CC&R’s shall be applicable to all applicable lawstenants within the Building and (ii) said CC&R’s shall not reduce Tenant’s rights or increase said rights, rules and regulations pertaining in a material respect, Landlord shall provide a copy of the amended CC&R’s to and governing such use by Tenant, . The provisions of this Paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectBuilding.
Appears in 1 contract
Use. Tenant A. Sub-Subtenant shall use and occupy the Sub-Sublease Premises only for the Permitted Use uses set forth in Section 1.01(f) hereofthe Master Lease and the Sublease, unless specifically approved by Sub-Sublandlord, Master Landlord and for no other purposesSublandlord. Tenant Sub-Subtenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall additionally comply with all federal, state, and local governmental laws, ordinances, orders, the rules and regulations applicable of the Building as set forth on EXHIBIT "C", attached to the Premises, the Project, Master Lease and the occupancy thereof Sublease, which Master Landlord and Tenant shall give prompt written notice Sublandlord may reasonably amend from time to Landlord time during the term of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premises. Tenant this Sub-Sublease.
B. Sub-Subtenant shall not do or nor permit anything to be done in or about the Premises, Sub-Sublease Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project Building or any of its contentscontents (unless Sub-Subtenant shall pay an increased premium as a result of such use or acts), or cause a cancellation of any insurance policy covering the Project Building or any part thereof or any of its contents. In , nor shall Sub-Subtenant sell or permit to be kept, used or sold in or about the event that, Sub-Sublease Premises any articles which may be prohibited by reason a standard form policy of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant fire insurance.
C. Sub-Subtenant shall not do or permit anything to be done in or about the Sub-Sublease Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Building or injure or annoy them. Tenant them or use or allow the Sub-Sublease Premises to be used for any unlawful or objectionable purpose, nor shall not Sub-Subtenant cause, maintain or permit any nuisance in, on in or about the Sub-Sublease Premises. Tenant Sub-Subtenant shall not commit or suffer to be committed any waste in or upon the Sub-Sublease Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereofvideo duplication and audio production services, vault storage of videos and any ancillary general office use, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any other purpose other than without the permitted use or for any unlawful purpose or in any unlawful manner, and prior written consent of Landlord which consent shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisesnot be unreasonably withheld. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein therein, which will in any way increase the existing rate of of, or affect adversely affect, any fire or other insurance upon the Project improvements at the Premises or any of its contents, or cause cancellation of any insurance policy covering the Project said improvements or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything allow the Premises to be done in used for any improper, immoral or about the Premises and/or Project which will in any way obstruct unlawful purpose, nor shall Tenant cause, maintain or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any nuisance in, on or about the Premises. Tenant shall not commit do or suffer permit to be committed done anything in or about the Premises which will in any way materially and adversely obstruct or interfere with the rights of other tenants or occupants of the improvements at the Premises or injure or annoy them on or about the Building. Tenant, its employees, agents and contractors shall not commit any waste in or upon the Premises. Without limitation limiting the generality of the foregoing, Tenant shall not: (i) obstruct or store anything in the common areas (including service or exit corridors), without Landlord's prior written consent, use, store, install, spill, remove, release or dispose (ii) place a load upon any floor of within or about the Premises which exceeds the floor load per square foot which such floor was designed to carry or (iii) permit any other portion objectionable sounds or odors to carry outside the Premises. Except for the specific uses described in the first sentence of this Paragraph 8 (i.e., video duplication, audio production services and vault storage of videos), Landlord shall require similar restrictions on use as contained in this paragraph from any tenants of the ProjectFormer Premises, any asbestos-containing materials or any solidif any, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs benefit of any clean up or removal required to be performed with respect to Tenant and such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Projecttenants.
Appears in 1 contract
Sources: Building Lease (Vdi Media)
Use. Tenant a. In no event shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not Lessee use or permit the use of the Premises or any portion thereof to be used for any purpose other than the permitted general office use or for any unlawful purpose or in any unlawful manner(which may include, subject to compliance with applicable laws and shall comply with all federalgovernmental requirements, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the PremisesPremises for administration, software design, incidental customer training, and non-destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials, 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 interfere with the use or occupancy of any other occupant of the Project). Tenant 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 anything to be done in or about the Premises, Premises nor bring or keep anything therein which will in any way increase the existing rate of or adversely 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. In the event thatLessee shall not, by reason without prior consent of any acts of Tenant or its conduct of businessLessor, there shall be any increase in the rate of insurance on 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 contentsutility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s agents, Tenant hereby agrees officers, employees, representatives, contractors, servants, invitees and/or guests (collectively “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 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 pay 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, to the extent it is conclusively determined that the same was caused by Lessee or any of its agents, employees, contractors, invitees or licensees, the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such increaseaffidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee’s best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Tenant Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 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. §§ 3001 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 policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises and/or Project which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or injure them or annoy them. Tenant use or allow the Premises to be used for any improper, immoral, or unlawful purpose, nor shall not Lessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Lessor shall promptly notify Lessee of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within any Hazardous Materials actually known by Lessor to exist in or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants portions of the Project by reason at levels in violation of lightapplicable 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, radiationwithout limitation, magnetism, noise, odors access to and/or vibrations, or interfere in any way with other tenants or those having business in use of the Premises and parking areas serving the Project). If requested by Lessee within thirty (30) days following the execution of this Lease, Lessor shall provide to Lessee copies of any Hazardous Materials reports or other environmental reports respecting the Project then existing in Lessor’s possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for costs related to the testing, remediation and/or presence of Hazardous Materials on or about the Premises or Project except to the extent caused to be present thereon or thereabout by Lessee, any subtenant of Lessee and/or any of their respective employees, agents, representatives, contractors and/or invitees.
Appears in 1 contract
Use. Tenant a. In no event shall use and occupy the Premises only for the Permitted Use set forth in Section 1.01(f) hereof, and for no other purposes. Tenant shall not Lessee use or permit any of their employees, agents, representatives, contractors and/or invitees (“Lessee’s Agents”) the use of the Premises or any portion thereof to be used for any purpose other than general office use and other lawful uses incidental thereto consistent with operation primarily for general office use (including at Lessee’s option occasional reconfiguration of servers used by Lessee and shipping). Lessor and Lessee hereby acknowledge and agree that the permitted foregoing use or for any unlawful purpose or restriction is an absolute prohibition against a change in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the PremisesPremises as contemplated under California Civil Code Section 1997.230. Tenant Lessee shall not do or permit Lessee’s Agents to do anything to be done in or about the Premises, 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. In Lessee shall not, without prior consent of Lessor, bring into the event thatBuilding or the Premises or use or incorporate in the Premises any apparatus, by reason equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any acts “Hazardous Materials” (defined below) on any portion of Tenant or its conduct the Project, except, however, that nothing contained in this Lease shall be deemed to prohibit Lessee’s use of customary general office and janitorial supplies typically used in an office area in the ordinary course of business, such as copier toner, liquid paper, glue and ink, for use in the manner for which they were designed, in such amounts and in a manner as is normal for first-class general office use but containing substances technically constituting Hazardous Materials under this Lease (collectively, “Standard Office Hazardous Materials”). Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause, or permit Lessee’s Agents to cause, the escape, disposal or release of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever reasonably require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises by Lessee or Lessee’s Agents during the Term of this Lease, and it is determined that there has been a release or other use of Hazardous Materials at the Premises by Lessee or Lessee’s Agents during the Term of this Lease (other than use of Standard Office Hazardous Materials as provided for herein), 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 reasonably acceptable to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any increase and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the rate Comprehensive Environmental Response, Compensation, and Liability Act of insurance on 1980, 42 U.S.C. §§ 9601 et seq., the Building 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 its contents, Tenant hereby agrees to pay such increasepolicies promulgated thereunder. Tenant Lessee shall not do or permit Lessee’s Agents to do anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or injure or annoy them. Tenant them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall not Lessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation Lessor represents and warrants to Lessee that Lessor has no actual knowledge (without duty of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release investigation or dispose imputation of within knowledge) of any Hazardous Materials existing in or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants portions of the Project by reason at levels which pose a material health risk or are reasonably likely to have a material and adverse affect upon the operation of lightLessee’s business from the Premises (including, radiationwithout limitation, magnetism, noise, odors access to and/or vibrations, or interfere in any way with other tenants or those having business in use of the Premises and parking areas serving the Project). 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 other portions of the Project at levels 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 use of the Premises and parking areas serving the Project). Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible (either directly or as an item of Building Service Expenses or as an item of Project Expenses) for costs related to the testing, remediation and/or presence of Hazardous Materials on or about the Premises or Project except to the extent caused to be present thereon or thereabout by Lessee or Lessee’s Agents.
Appears in 1 contract
Sources: Net Office Lease (SourceForge, Inc)
Use. Tenant shall use and occupy the Premises in conformance with Applicable Laws, and only for the Permitted Use use set forth in Section 1.01(f) hereof1, and for no other purposespurpose. Neither Tenant nor any other person shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurposes. Tenant shall not do or permit anything to be done in the Premises, or do anything in or about the PremisesComplex, nor or bring or keep or permit to be brought or kept in the Premises, or bring or keep in or about the Complex anything therein which that is prohibited by or will in any way increase the existing rate of (unless any such increase is fully paid for by Tenant), or affect will cause a cancellation of, any fire insurance covering the Complex or other insurance upon the Project any part thereof, or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit anything to be done anything in the Premises, or do anything in or about the Premises and/or Project which Complex that will in any way materially obstruct or interfere with the rights of other tenants or occupants of the Project Complex or injure use or annoy themallow the Premises to be used for any unlawful purpose. Tenant shall not permit place any nuisance inloads upon the floors, walls, or ceiling, which endanger the structure, or place any fluids or materials that would cause damage in the drainage system of the building. No waste materials or refuse shall be dumped on the Complex or about permitted to remain on the Premisesoutside of the Premises except in trash containers placed inside exterior enclosures designated by Landlord for the purpose. No materials, supplies, equipment, finished products or semi finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Building or Complex Common Areas unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other device, system or apparatus which can be heard outside the Premises (except those used for life safety or security purposes) shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation The provisions of this Section are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seqComplex., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the Project.
Appears in 1 contract
Sources: Lease (Genencor International Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Permitted Use set forth purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.01(f) hereofaccordance with all applicable governmental laws and ordinances, and for no other purposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and expense obtain any and all licenses and permits necessary for the use of the Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises, Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises of the Complex anything therein which is prohibited by or will in any way increase the existing rate of (or affect any otherwise affect) fire or other any insurance upon covering the Project Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Project Complex or any part thereof thereof, or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not knowingly do or permit anything to be done in anything in, on or about the Premises and/or Project or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project Complex 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 shall not knowingly cause, maintain or permit any nuisance in, on or about the Premises or the Complex and agrees to take immediate corrective action upon becoming aware of such a problem in this area should one exist. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall notindemnify, without Landlord's prior written consentdefend and hold Landlord harmless against any loss, useexpense, storedamage, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq.attorneys' fees, or liability arising out of failure of Tenant to comply with any other applicable environmental law which may now or hereafter be in effectlaw. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable lawsany covenant, rules and regulations pertaining to and governing such use by Tenantcondition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall remain liable not be construed to be for the costs benefit of any clean up tenant or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Further without limitation occupant of the foregoing, Tenant will not permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the ProjectComplex.
Appears in 1 contract
Sources: Lease Agreement (Transmeta Corp)