Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall only be used for storage, service, design, ancillary office and final assembly of electrical charging stations and components, and for no other use. The Premises shall be used only for no other purpose(s) without Landlord’s prior written consent which may be withheld in Landlord’s sole and absolute discretion. Landlord may require Tenant to reimburse Landlord for the purpose reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of receivingreviewing, storinginvestigating, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed processing any request by Tenant for consent to any such new use(s) of the Premises. Any funds, so expended by Landlord shall be due and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, payable by Tenant may also use the Premises for light manufacturingto Landlord upon ten (10) days notice. Tenant shall not conduct neither do (nor permit others to do) any act in or give notice about the Premises that is unlawful or that will increase the existing rate of any auction, liquidation, or going out of business sale insurance on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage Building and/or the Premises. Tenant shall not permit commit or allow to be committed any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from waste upon the Premises, or take any other action that would constitute a nuisance public or would disturb, unreasonably interfere withprivate nuisance. Tenant shall promptly (and at Tenant’s sole expense) comply with all laws (whether now in effect, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. subsequently enacted) relating to Tenant, at its sole expense, shall ’s use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation occupancy of the Premises including but not limited to ADA, and shall observe the reasonable rules and regulations which may be adopted by Tenant prior Landlord for the safety, care and cleanliness of the Premises and the Property. In particular, and without limiting the foregoing, except as otherwise expressly provided in this Lease, there shall be no storage and no act or omission which violates any federal, state or local ordinance controlling the uses or presence of hazardous substances, including but not limited to the Commencement Date shall be subject to all obligations of Tenant under this LeaseComprehensive Environmental Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA).
Appears in 1 contract
Sources: Lease (Volta Inc.)
Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for research and development in biotechnology, light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks manufacturing and other vehicles, is prohibited related activities and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is increased as a result of tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at its sole expenseTenant's cost to alter, shall use and occupy maintain, or restore the Premises in compliance and conformity with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable laws relating to the condition, use, or
1. occupancy of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place by Tenant during the term of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timethis Lease. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will shall not use or permit the use of the Premises to be used for any purpose or in any manner that would void Tenant's will tend to create waste or Landlords's insurancea nuisance or, increase if there shall be more than one tenant of the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of building containing the Premises, or because which shall unreasonably disturb any other tenant. Tenant vacates hereby accepts the Premises in their condition existing as of the date that Tenant possesses the Premises, then Tenant shall pay subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the amount of such increase to Landlord. Any occupation use of the Premises by and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant prior hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the Commencement Date shall be subject to all obligations suitability of Tenant under this Leasethe Premises for the conduct of Tenant's business.
Appears in 1 contract
Use. The Lessee shall not use, nor permit the use of, the Leased Premises for any purpose other than storing the above-identified aircraft. Personal property related to stored aircraft may be kept in the Leased Premises, subject to the terms of this Lease, and the Minimum Standards Rules and Regulations for the Airport (the Minimum Standards), which, as amended from time to time, shall be used only for incorporated into the purpose terms of receivingthis Lease. No personal property shall be placed or kept in a manner by which it impedes the use of the hangar by other aircraft, storingthe Lessor, shipping or other users of the hangar. Any personal property shall be contained is a standard metal storage cabinet with contents and selling emergency contact information listed on the outside of the cabinet. Cabinet shall be kept against the wall of the hangar or other area designated by Authority personnel. Lessee certifies that the aircraft identified above is owned by him or is leased by him on a basis of not less than a twelve (but limited 12) month lease. In the case of a leased aircraft, the Lessee shall provide Lessor of a copy of the lease upon request. Lessee agrees to wholesale salesnotify Lessor prior to replacing the stored aircraft and agrees that no aircraft other than the one identified in paragraph one (1) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as of this lease may be incidental thereto; providedstored, however, with Landlord's without prior written consentapproval of the Lessor. If Lessee sells or otherwise disposes of the above-identified aircraft, Tenant may also use Lessee agrees to immediately notify the Premises for light manufacturingLessor of such sale or other disposition. Tenant Failure to do so shall terminate this lease agreement automatically. Lessee shall conduct no commercial activity of any kind whatsoever in, from or around the Leased Premises. The Lessee shall not conduct or give notice perform maintenance on the aircraft of any auctionkind in, liquidationfrom or around the Leased Premises, or going out except those preventive maintenance items specified in Appendix A(c) of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure Part 43 of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odorsFederal Air Regulations, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time, may be performed on the aircraft in the Leased Premises and such preventive maintenance may be performed only by those pilots listed on this lease. Tenant shall, at its expense, make Lessee shall ensure that the performance of such minor maintenance shall not damage Leased Premises nor cause harm or danger to Lessor’s property or to the property of any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation other users of the premisesLeased Premises. Tenant will Further, the performance of minor maintenance may not impede the use of the hangar by other aircraft, the Lessor, or permit the Premises to users. Lessee shall be used liable for any purpose damage to property of Lessor and/or other users of the airport, arising from the acts or in any manner that would void Tenant's omissions by Lessee or Landlords's insuranceLessee’s agents, increase the insurance riskemployees, invitee, or cause guests. Lessee nor any agents, employees, invitee or guests of Lessee shall carry on any illegal or hazardous activities in or around the disallowance of any sprinkler creditsLeased Premises. If any increase in Lessee shall keep the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation floor of the Leased space clean and free of debris at all times. Lessor strictly prohibits the removal of flight control surfaces, spray painting, sandblasting, welding and/or burning, in, from or around the Leased Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the PremisesPremises (except upon expiration or other termination of the Lease and Tenant’s surrender of the Premises in accordance with the terms of this Lease), then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Sphere 3D Corp)
Use. The Premises shall be used only for the purpose of general industrial/warehouse and distribution, light assembly, administrative offices, and other legally permitted uses incidental thereto, including receiving, storing, shipping shipping, subassembly, kitting, and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other incidental lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinguses. Tenant shall not conduct any public sale at the Premises, use the Premises as a place of public accommodation under the Americans With Disabilities Act or give notice of any auction, liquidationother Legal Requirements, or going out of business sale on permit any nuisance at the Premises. Tenant will use shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operate automobiles in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesdesignated automobile parking area. Tenant shall not permit any objectionable or unpleasant odorsoutside storage (other than as expressly permitted under this Lease), smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Tenant shall use and occupy the Premises in compliance with all federal, state, and local laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date, or which come into effect after the Commencement Date, and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all make such modifications as may be amended from time required by order or directive of applicable governmental authority in order to timebring the Premises into compliance with such applicable Legal Requirements without cost or expense to Tenant. Tenant shall, at its expense, make any alterations or modifications, within modifications to the Premises or without the Premises, Project Areas that are required by Legal Requirements related due to Tenant's specific use or occupation of the premises. Tenant will not use or permit the Premises (as opposed to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use general industrial/warehouse use) or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Pfsweb Inc)
Use. The (a) Subject to Tenant's compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of MANUFACTURING, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. .
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project (THE "COMMON AREAS"), subject to THE Rules and Regulations (as HEREAFTER DEFINED IN PARAGRAPH 31).
Appears in 1 contract
Sources: Lease Agreement (Interphase Corp)
Use. The Premises shall be used only and occupied for the purpose of receiving, storing, shipping warehouse and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant office uses and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenantcause, at its sole cost and expense, shall use and occupy the Premises in compliance to comply with all laws (including environmental laws), ordinances, regulations and directives of any governmental authority applicable to the Premises or Tenant's use thereof, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions Act (collectively "Applicable Laws") whether now in effect or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act such Applicable Laws are changed or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without shall not use the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or used, in any manner that would void Tenant's which: (a) violates any Applicable Law; (b) causes or Landlords's insurance, increase the insurance risk, is reasonably likely to cause any damage or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of liability to the Premises, or because Tenant vacates Landlord; (c) violates a requirement or condition of any insurance policy covering the Premises, then or increases the cost of such policy; or (d) constitutes or is reasonably likely to constitute a nuisance or annoyance, including, without limitation, any immoral or obscene act or any other act tending to injure the reputation of the Premises. Tenant shall pay not commit or allow any waste or damage to be committed on any portion of the amount Premises. Tenant shall not do, nor permit, anything which shall increase the costs of such increase operating or maintaining the Premises, including, but not limited to, insurance premiums, property taxes and utility bills. During the Term, except as provided in Section 9, below, Tenant shall, at its risk and at its own sole cost, maintain the Premises in good working order, repair and condition (including all necessary replacements), including, but not limited to, heating, ventilating and air conditioning equipment, electrical and plumbing systems, elevators, exterior walls, floors, floor coverings, roof, windows, window coverings and electrical fixtures, all glass elements, doors (including dock, grade and man doors), dock bumpers, levelers, light bulbs, other improvements and fixtures upon the Premises, including, without limitation, the driveways and parking areas. Tenant shall take good care of all property and fixtures. Tenant shall engage a certified pest control firm to perform regular extermination for all pests. As used herein, each and every obligation of Tenant to keep, maintain and repair shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. Tenant shall, to the extent possible, keep the Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary (including, without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting, and carpet cleaning at least once every year). Tenant shall, at all times during the term of this Lease, have and keep in force a maintenance contract, in form and with a contractor satisfactory to Landlord, providing for inspection at least once each calendar quarter of the heating, air conditioning and ventilating equipment, and providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto except upon thirty (30) days' prior written notice to Landlord. Any occupation of Tenant shall, at its sole cost and expense, obtain all governmental licenses and permits required to allow Tenant to conduct its business operations in the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.
Appears in 1 contract
Sources: Commercial Lease Agreement (Cargo Connection Logistics Holding, Inc.)
Use. (a) The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant general office purposes and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on be made from the Premises. Tenant will use Except for standard amounts of basic cleaning solutions and other products utilized in maintaining the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure cleanliness of the Premises or subject the Premises to in accordance with Section 25 hereunder, Tenant shall not use that would damage or store Hazardous Substances in the Premises. Tenant shall not use, or permit the use of, the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises. Tenant and all Tenant Parties shall comply with all reasonable rules and regulations governing the use and occupancy of the Premises which are now or hereafter imposed by Landlord. A copy of the rules and regulations now in force are attached as Exhibit "D". Tenant shall not cause or permit any objectionable or unpleasant odors, smoke, dust, gas, noiselight, noise or vibrations to emanate from the Premises, ; nor take or take permit any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use person; nor cause or permit the Premises to be used for any purpose or in any manner that would (1) void Tenant's or Landlords's insurancethe insurance thereon, (2) materially increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project Building incurred by Landlord which is caused by Tenant's ’s use or occupation of the Premises.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, or because Tenant vacates the Premisesin common with others, then Tenant shall pay the amount a maximum of such increase to Landlord. Any occupation six (6) parking spaces for each one thousand (1,000) square feet of Net Rentable Area of the Premises by Tenant prior and being stipulated to be one hundred one (101) spaces as of the Commencement Date Date, at no additional charge to Tenant, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Tenant shall have the right to identify not more than six (6) parking spaces in front of Tenant’s main storefront entrance (as identified on Exhibit “A”) with a painted curb in front of each space stating “Hallmark Visitor”, such marking to be performed by Landlord at Landlord’s sole cost and expense. All parking shall be subject at no charge to all obligations Tenant during the Term of Tenant under this Leasethe Lease and any renewals hereof.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of an equipment repair shop, a lab in which prescription lenses will be ground and other inventory will be finished, as well as for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. (a) The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as purpose. No retail sales may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use made from the Premises for light manufacturing(other than incidental retail sales from a showroom area). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a carefulto receive, safe store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible (at Tenant's sole cost and proper manner and will not commit wasteexpense) for complying with all laws applicable to ITS use, overload the floor or structure AND occupancy of the Premises or subject the Premises to use that would damage the Premises, including without limitation obtaining all required building permits and/or certificates of occupancy FOR THE PREMISES. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noiselight, noise or vibrations to emanate from the Premises, or ; nor take any other action that would in Landlord's sole judgment constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or person; nor permit the Premises to be used for any purpose or in any manner that would (1) void Tenant's or Landlords's insurancethe insurance thereon, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project Building incurred by Landlord which is caused by Tenant's use or occupation of the Premises, Premises or because Tenant vacates the Premises, then Premises IN VIOLATION OF THIS LEASE. Tenant shall pay agrees not to use or permit the amount of such increase to Landlord. Any occupation use of the Premises for any purpose which is illegal or dangerous to life, limb or property;
(b) Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to ITS use AND occupancy of the Premises. Tenant, at his expense, will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. ANY FURTHER REVISIONS OF THE RULES AND REGULATIONS SHALL APPLY UNIFORMLY TO ALL TENANTS IN THE BUILDING AND SHALL BE UNIFORMLY ENFORCED. A copy of the existing rules and regulations is attached hereto as EXHIBIT "E" and made a part hereof. Tenant prior agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in as good condition as at the Commencement Date shall be subject to all obligations of Tenant under this LeaseDate, ordinary wear and tear excepted, AND SUBJECT TO THE PROVISIONS OF THE LEASE CONCERNING DAMAGE AND CASUALTY.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Use. The Premises shall be used only for Tenant agrees, from the purpose Commencement Date to the end of receivingthe Term, storing, shipping to use and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use occupy the Premises for light manufacturinggeneral office, research and development, laboratory and manufacturing or other purposes permitted by federal, state and local laws and ordinances. Tenant agrees not to injure, overload or deface the Premises, nor to permit on the Premises any auction sale. Tenant shall not conduct or give notice comply with all requirements of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe public authorities and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to Board of Fire Underwriters in connection with methods of storage, use that would damage the Premisesand disposal. Tenant shall not permit in the Premises any nuisance, or the emission from the Premises of any objectionable or unpleasant odors, smoke, dust, gas, noise, odor or vibrations vibration, nor use or devote the Premises or any part thereof for any purpose which is contrary-to emanate from law or ordinance or liable to invalidate or increase premiums for any insurance on the Building or its contents or liable to render necessary any unpermitted alteration or addition to the Building, nor commit or. permit any waste in or with respect to the Premises, nor generate, store or take dispose of any other action that would constitute a nuisance or would disturboil, unreasonably interfere withtoxic substances, hazardous wastes, or endanger Landlord hazardous materials (each a "Hazardous Material"), or any tenants of permit the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy same in or on the Premises provided for under this Lease, except in compliance with-applicable law. Tenant shall not dump, flush or in any way introduce any Hazardous Material into septic, sewage or other waste disposal systems serving the Premises provided for under this Lease. Tenant shall permit Landlord to enter the Premises for the purpose of testing and to determine Tenant's compliance with the covenants herein contained, each such entry shall be made in accordance with Section 4.5 above. Tenant will indemnify the Landlord and its successors and assigns against all lawsclaims, loss, cost, and expenses, including, without limitation, the Americans With Disabilities Actattorneys' fees, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used incurred as a place result of public accommodation under any contamination of the Americans With Disabilities Act or similar state statutes or local ordinances Building or any regulations promulgated thereunder, all as may be amended from time to time. portion of the Land with Hazardous Materials by the Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use contractors, licensees, invitees, agents, servants or occupation employees, and this indemnity shall survive the expiration of the premises. Tenant will not use Term or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance other termination of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant in connection with Tenant’s Permitted Use and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentno retail sales may be made from the Premises except from that portion of the Premises containing no more than 3,000 square feet. Notwithstanding the foregoing, Tenant may also if Landlord is unable to satisfy the parking requirements required by any code, rule, regulation or document of record affecting the Project as a result of Tenant’s use of a portion of the Premises for light manufacturingretail sales, then Tenant shall reduce the size of the portion of the Premises from which retail sales may be made to the extent necessary to bring the Building and Project into compliance with the parking requirements. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. ; provided, however, Landlord hereby agrees that Tenant may park its operative trucks and trailers in the area described on Exhibit K (“Truck Parking Area”) so long as such parking does not: (i) violate any documents of record, including without limitation, any conditions, covenants or restrictions, or (ii) block or interfere with vehicular or pedestrian access to, from or within the Building or Project, including without limitation, other tenants’ access to and from their leased premises or any other portion of the Project.
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, except as expressly set forth herein.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time for use and enjoyment of all tenants and occupants of the Project (collectively, the “Common Areas”), subject to such reasonable rules and regulations as Landlord may promulgate from time to time which rules and regulations shall not unreasonably interfere with Tenant’s use of the Premises and the Project as set forth herein.
Appears in 1 contract
Use. The Premises demised premises shall be continuously used by Tenant, but only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesother than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, howevertrucks or other vehicles in the areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to be common parking areas) and the outside storage of any property (including, with without limitation, overnight parking of trucks and other vehicles) are prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice comply with all governmental laws, ordinances and regulations applicable to the use of the premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any auction, liquidationviolations or nuisances in or upon, or going out connected with, the premises, all at Tenant's sole expense. If, as a result of business sale on any change in the Premises. governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant will use to comply, or alter the Premises in a carefulpremises to comply, safe with such laws, ordinances and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesregulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premisespremises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which the premises are situated or unreasonably interfere with such tenant's use of their respective premises or permit any use which would adversely affect the reputation of the building in which the premises are situated. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant, at its sole expense, shall use and occupy Tenant will not permit the Premises in compliance with all laws, premises to be used for any purpose (including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place storage of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or merchandise) in any manner that which would render the insurance thereon void Tenant's or Landlords's insurance, increase the insurance riskrate thereof, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of immediately cease and desist from such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to use, paying all obligations of Tenant under this Leasecost and expense resulting from such improper use.
Appears in 1 contract
Use. The Premises shall be used only and occupied for the purpose of receivinggeneral business office purposes consistent with a first-class office building, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingor purpose. Tenant shall not conduct or give notice of any auctionrepresents and warrants to, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere covenants with, or endanger Landlord or any tenants of that the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place “public accommodation” as defined in the Americans With Disabilities Act. As used in this Lease, the term “Laws” means all laws, codes, rules, regulations, ordinances and directives of public accommodation under all governmental and quasi-governmental authorities with jurisdiction now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from any previously existing policy, including, without limitation, laws, codes, rules, regulations and ordinances pertaining to industrial hygiene, Hazardous Materials, and the Americans With Disabilities Act or similar state statutes or and local ordinances pursuant thereto, including handicap access requirements. At Tenant’s sole cost and expense, Tenant shall comply with all Laws applicable or relating to: (1) the Premises and/or Tenant’s use or occupancy of the Premises; (2) the manner or conduct of Tenant’s business or the operation of its installations, equipment or other property; (3) any regulations promulgated thereundercause or condition created by or at the request of Tenant; or (4) the breach of any of Tenant’s obligations under this Lease. Tenant’s obligations hereunder to comply with all Laws shall include the obligation to make any and all alterations and improvements to the Premises and other portions of the Building required in order to comply with Laws; provided, all however, that Tenant shall not be required to make structural alterations or capital improvements unless such compliance is triggered or necessitated by Tenant’s use of the Premises for other than general office use (or Tenant’s change in use of the Premises, regardless of the nature of use) or by any work performed or improvements constructed by or at the request of Tenant (and the cost of such work that is not required to be performed by Tenant shall be included in or excluded from Operating Costs as may be amended from time provided in Section 3.2(a)(3) above). In addition to time. Tenant shallthe foregoing obligations of Tenant, Tenant, at its sole cost and expense, shall cooperate with Landlord if Landlord elects to pursue LEED Gold status for the Building, and Tenant shall make any alterations or modifications, within or without such improvement to the Premises, that are required by Legal Requirements related and otherwise conduct its operations in the Premises, so as to Tenant's use or occupation of allow Landlord to obtain LEED Gold status for the premisesBuilding. Tenant shall give Landlord prompt written notice of any notice that Tenant receives of any violation of any Law relating to the Premises, the Building or the Property, or Tenant’s use thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not use or permit the Premises to be occupied or used for any purpose or in any manner that would void Tenant's will constitute waste or Landlords's insurance, increase the insurance riska nuisance, or cause disturb the disallowance quiet enjoyment of any sprinkler credits. If any increase or otherwise annoy other tenants in the cost Building. Without limiting the foregoing, the Premises shall not be used for (a) educational activities, schools or other training facilities which are not ancillary to Tenant’s corporate, executive or professional office use, (b) practice of medicine or any insurance of the healing arts, (c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (i) 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 Project is caused by Tenant's use Building or occupation any of the Premisesheating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or because Tenant vacates jeopardize the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation structural integrity of the Premises by Tenant prior Building or any part thereof; (ii) connect to the Commencement Date utility systems of the Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant’s use of electricity shall be subject never exceed the safe capacity of the feeders to all obligations the Property or the risers or wiring installation of Tenant under this Leasethe Building.
Appears in 1 contract
Sources: Sublease (Gymboree Corp)
Use. The Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant an adult use craft grow cultivation center and for such other lawful purposes as may be incidental thereto; providedthereto including, howeverwithout limitation, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. manufacturing of infused cannabis products.
(a) Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Other than as would be customary for an adult use craft grow cultivation center, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Notwithstanding the foregoing, Landlord recognizes that, because of the nature of Tenant’s use of the Premises, certain odors and aromas will emanate therefrom. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. As used in this Lease, “including” and “include” shall always be deemed to incorporate “without limitation.”
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, including the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in a manner that is fully compliant with the Americans with Disabilities Act.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project, subject to such reasonable rules and regulations as Landlord may promulgate from time to time.
Appears in 1 contract
Sources: Commercial Lease Agreement (Grown Rogue International Inc.)
Use. The Premises shall be used only for the purpose of of: (i) receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; providedand (ii) technical research, howeverdevelopment and light manufacturing of products for the semi-conductor industry, including but not limited to, chemical vapor deposition systems used in the fabrication of integrated circuits but the use provided for in this subparagraph (ii) shall be in complete conformance with Landlord's prior written consent, Tenant may also use every provision of this Lease and be limited to the Premises for light manufacturingextent permitted by applicable Legal Requirements (defined below). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises, provided that Tenant shall not be required to make any structural alterations to the Premises to comply with laws unless such compliance is required because of Tenant's specific use of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date Data shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. 3.1 The Premises shall may only be used only for the purpose development, construction, and operation of receiving, storing, shipping and selling alternative temporary housing (but limited to wholesale salesthe "Permitted Use") products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as purpose without the prior written consent of Landlord, which consent may be incidental thereto; provided, however, withheld in Landlord’s sole discretion. In connection with Landlord's prior written consentits use, Tenant may also use shall at its expense comply and ensure compliance by the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionparticipants in the alternative shelter program with the Do Good Multnomah’s Policies and Procedures Manual, liquidation, or going out of business sale on the Premisesas revised from time to time. Tenant will use inform Landlord of any changes to the Do Good Multnomah Policies and Procedures Manual within reasonable time after such changes are incorporated into the manual, and in no event later than 30 days after such changes are incorporated.
3.2 Tenant shall construct a building or buildings and related improvements on the Premises in a carefulaccordance with the terms of this Lease, safe including the terms on attached Exhibit B. Such alternative houses and proper manner related improvements, as they may be modified, expanded, rebuilt, or contracted from time to time, are sometimes referred to hereinafter as the “Improvements.” Landlord will have the right of prior review and will not commit waste, overload the floor or structure approval of the Premises or subject site plan and the Premises to use that would damage architectural plans and specifications for the PremisesImprovements (excluding interior tenant improvements and fixturing). Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger All approvals of Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentmust be in writing. Tenant, at its sole expense, shall use be responsible for obtaining and occupy keeping in force all permits and governmental approvals required to construct and operate the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Improvements (collectively, "Legal Requirements"the “Permits”). The Premises Tenant shall comply with the requirements of the Permits in the course of its operation of the Improvements and, at its sole cost and expense, shall also faithfully observe and comply with all Legal Requirements (as defined below) now in force, or which may hereafter be in force, pertaining to Tenant’s development, use or operation of the Premises. Landlord shall execute such applications reasonably necessary for construction of any Improvements, provided that Landlord shall not be used as a place of public accommodation under the Americans With Disabilities Act required to pay any application fees or similar state statutes incur any other costs or local ordinances or liability in connection therewith beyond Landlord’s fees for any regulations promulgated thereunderprofessional advice Landlord desires.
3.3 In addition, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will shall not use or occupy, or permit or suffer all or any part of the Premises or the Improvements to be used or occupied (1) for any unlawful or illegal business, use, or purpose, (2) in any such manner to constitute a nuisance of any kind, as determined in the reasonable discretion of Landlord, or (3) for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase way in violation of the insurance riskcertificate of occupancy, or cause the disallowance of any sprinkler creditsLegal Requirements, including but not limited to Legal Requirements respecting Hazardous Substances, or (4) for any business, use, or purpose deemed disreputable. If For the avoidance of doubt, claims of nuisance by third parties or neighbors to the Premises shall have no bearing on Landlord’s reasonable determination as to whether or not a nuisance has occurred or is occurring. The term “Hazardous Substance” means any increase hazardous, toxic, or dangerous substance, waste, or material that is the subject of environmental protection Legal Requirements, including but not limited to the items listed in the cost United States Department of any insurance on Transportation Hazardous Materials Table (49 CFR §172.101) or designated as hazardous substances by the Premises or United States Environmental Protection Agency (40 CFR pt 302) and specifically shall include petroleum and its fractions. Tenant acknowledges that the Project term Legal Requirements includes, but is caused by Tenant's use or occupation of not limited to, all federal, state and local environmental protection laws and regulations such as the PremisesComprehensive Environmental Response, or because Tenant vacates Compensation, and Liability Act (42 USC §§9601–9675), the PremisesWater Pollution Prevention and Control Act (33 USC §§1251–1376), then Tenant shall pay and the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseAir Pollution Prevention and Control Act (42 USC §§7401–7671q).
Appears in 1 contract
Sources: Ground Lease
Use. A. The Premises shall be used only for the lawful purpose of receiving, storing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided. Outside storage, howeverincluding without limitation, with storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of at its own cost and expense obtain any auction, liquidation, or going out of business sale on the Premisesand all licenses and permits necessary for any such use. Tenant will use shall have the nonexclusive right to use, in common with other tenants of the building of which the Premises in are a carefulpart, safe the parking provided and proper manner designated as such by Landlord subject to such reasonable rules and will regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not commit wastebe responsible for enforcing Tenant’s reserved parking license if granted by Landlord against any third parties. Tenant shall comply with all governmental laws, overload ordinances and regulations applicable to the floor or structure use of the Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or subject the Premises to use that would damage upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants other lessees of the Projectbuildings in which the Premises are a part.
B. Tenant agrees that the point pressure resulting from Tenant’s racking system, inventory, forklifts and equipment pertaining to Tenant’s use of the Premises shall not exceed allowable design floor loading for floor slabs on grade. Outside storageTenant shall be responsible to provide steel plates, including without limitationangles or channels as required to distribute floor loading to building design loads. Tenant shall hold harmless Landlord from any loss, storage liability and expenses, both real and alleged, arising out of trucks such damage or repair caused by Tenant’s negligence or failure to comply with this paragraph and other vehicles, is prohibited without Landlord's prior written consent. Tenantshall, at its sole cost and expense, promptly repair any damage or injury to the floor slab caused by Tenant and its employees, agents or invitees.
C. Landlord, to best of their knowledge, guarantees that the site and Premises shall use and occupy be free of hazardous materials at the issuance of certificate of occupancy. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided said Permitted Activities are conducted in compliance accordance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Environmental Laws and restrictions now or hereafter applicable to have been approved in advance in writing by Landlord; (ii) the Premises (collectively, "Legal Requirements"). The Premises shall will not be used as a place in any manner for the storage of public accommodation under any Hazardous Substances except for the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, temporary storage of such materials that are required used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored and disposed of in a manner and location meeting all Environmental Laws and approved in advance in writing by Legal Requirements related to Tenant's use or occupation Landlord; (iii) no portion of the premises. Premises will be used as landfill or a dump; (iv) Tenant will not use install any underground tanks of any type; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought onto the Premises and if so brought or found located thereon, Tenant shall immediately remove same with proper disposal and all required clean-up procedures shall be diligently undertaken pursuant to all Environmental Laws, (vii) Landlord shall be permitted to conduct any environmental test deemed reasonably necessary by Landlord or Landlord’s agent to determine the presence of any hazardous substance. If, at any time during or after the term of the Lease, the Premises is found to be used for any purpose or in any manner that would void Tenant's or Landlords's insuranceso contaminated as a result of (i) through (vi), increase the insurance riskTenant agrees to indemnify and hold Landlord harmless from all claims, or cause the disallowance demands, actions, liabilities, costs, expenses, damages and obligations of any sprinkler credits. If any increase in the cost of any insurance on the Premises nature arising from or the Project is caused by Tenant's use or occupation as a result of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation use of the Premises by Tenant. Tenant prior will bear the financial responsibility of any environmental testing performed if it is determined that Tenant caused a violation of an Environmental Law. The foregoing indemnification shall survive the termination or expiration of this Lease. In the event Tenant fails to act in the removal, proper disposal or all required clean-up procedures to the Commencement Date satisfaction of responsible governmental authorities, Landlord shall have the right to remedy Tenant’s environmental problem at Tenant’s cost, which shall be subject considered as Additional Rent. The term “Hazardous Substances” as used in this lease shall mean pollutants, contaminants, toxic or hazardous waste, including, but not limited to, Asbestos, Polychlorianted Byphynels, and petroleum products, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law or ordinance relating to all obligations pollution or protection of Tenant under this Leasethe environment.
Appears in 1 contract
Use. The Premises premises shall be used only for the purpose of receiving, manufacturing, storing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentprovided however that Tenant agrees that if the City of Plymouth or any other entity notifies Tenant that manufacturing is in violation of the zoning code of the City of Plymouth, Tenant may also use shall take such steps as necessary to cause the Premises for light manufacturing. Tenant shall not conduct or give notice operation of any auction, liquidation, or going out of Tenant's business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use comply with said zoning code; and provided further that would damage Tenant further agrees that any such notification by the Premises. Tenant City of Plymouth or other entity shall not permit any objectionable work a constructive eviction or unpleasant odors, smoke, dust, gas, noise, entitle Tenant to terminate this Lease and there shall be no reduction in base rent or vibrations to emanate from the Premises, or take any other action that would constitute Operating Costs (as hereinafter defined) as a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants result of the Projectsuch violation and/or such corrective steps. Outside storage, including without limitation, storage of trucks and other vehicles, is garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant, Tenant shall at its sole expense, own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall use and occupy the Premises in compliance comply with all governmental laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place use of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in or upon, or connected with, the Premises, all at Tenant's use sole expense. Tenant shall not receive, store or occupation of otherwise handle on the premisesPremises any product, material or merchandise which is explosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlords's insurance, increase render the insurance risk, on the Building or the Property void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord for the Premises or the Project Building is caused by Tenant's use or occupation and occupancy of the Premises, or because Tenant vacates the Premises, then Tenant shall pay to landlord as additional rent the amount of such increase increase. Notwithstanding Tenant's obligation to comply with laws, Tenant shall have no obligation to remedy any instances of noncompliance as to the Building shell which Landlord is obligated to repair pursuant to Paragraph 1 above, and in no event shall Tenant have any liability for toxic or hazardous materials except to the extent caused by Tenant, its agents, servants, contractors, licensees or invitees except, as to such invitees Tenant shall only have liability if Tenant knew or reasonably should have known that its invitee was bringing Hazardous Substances (as defined in Paragraph 26) onto the Property. Operating Costs. Upon demand, Tenant shall pay to Landlord. Any occupation , as additional rent during the term hereof, Tenant's proportionate share of Operating Costs, as hereinafter defined, calculated on the basis of the Premises ratio set forth in Paragraph 4E. As used in this lease, the term "Operating Costs" shall mean any and all expenses, costs and disbursements of any kind and nature whatsoever incurred by Landlord in connection with the ownership, management, maintenance, operation and repair of the Property or the Building which landlord shall pay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred). Operating Costs shall include, without limitation, the costs of maintenance, repairs, and replacements to the Building including roof, walls, downspouts, gutters, painting, and sprinkler systems; the costs of maintaining and repairing parking lots, parking structures and easements; property management fees, salaries, fringe benefits and related costs payable to employees of Landlord whose duties are connected with the Property; insurance costs, all heating and air conditioning costs, electricity, sewer and water and other utility costs not separately metered to tenants, landscape maintenance, trash and snow removal, taxes, as defined in ▇▇▇▇▇▇▇▇▇ ▇▇, and costs and expenses incurred by Landlord in protesting any assessments, levies or the tax rate, provided, however, that Operating Costs shall not include the following: (i) costs of alterations of any tenant's premises; (ii) costs of curing construction defects; (iii) depreciation; (iv) interest and principal payments on mortgages, and other debt costs; (v) real estate brokers' leasing commissions or compensation; (vi) any cost or expenditure (or portion thereof) for which landlord is reimbursed, whether by insurance proceeds or otherwise; and (vii) cost of any service furnished to any other occupant of the Building which landlord does not provide to Tenant hereunder. Notwithstanding anything contained herein to the contrary, depreciation of any structural repairs or replacements to the Building, or of any capital improvements made after the date of this lease which are intended to reduce Operating Costs or of any capital improvements which are required under any governmental laws, regulations, or ordinances which were not applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement, structural repair or replacement shall be reasonably determined by Landlord. In addition, interest on the undepreciated cost of any such improvement, structural repair or replacement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. Notwithstanding anything to the contrary contained in the Lease, Operating Costs shall, in no event, include the following: Repairs or other work occasioned by fire, windstorm or other casualty except the amount of any "deductible" payable under insurance policies and except glass breakage and/or earthquake damage if not insured against, or by exercise of the right of eminent domain; Leasing commissions, attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants; Expenses of renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space; Landlord's costs of electricity and other services sold to tenants of the building and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant, other than that billed as rent escalation; Depreciation; Costs of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment, and capital tools all in accordance with generally accepted accounting principles, except for the yearly amortized portion of said capital costs; Expenses in connection with services or other benefits of a type which are not provided Tenant but which are provided to another tenant or occupant of the Building; Costs incurred due to violation by Landlord or any other tenant of the terms and conditions of this Lease; Overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate; Interest on debt or amortization payments on any mortgage or mortgages, and rental under any ground or underlying leases or lease; or rental or lease payments for parking; Landlord's general corporate overhead and general administrative expenses; Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; All items and services for which Tenant reimburses Landlord or pays third persons; and Advertising and promotional expenditures. Promptly after the commencement of this lease and during December of each year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its estimate of amounts payable under Paragraph 4A for the ensuing calendar year. On or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent one/twelfth (1/12th ) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the first day of the month after the month in which such notice is given. If at any time it appears to Landlord that the amounts payable under Paragraph 4A for the then current calendar year will vary from its estimate by more than five percent (5%). Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant prior for such year shall be based upon such revised estimate. Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable, Landlord shall deliver to Tenant a summary of the total Operating Costs for the previous calendar year and Tenant's proportionate share thereof. If such summary shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent, within thirty (30) days after delivery of the summary. Tenant or its representatives shall have the right to examine Landlord's books and records of Operating Costs during normal business hours within sixty (60) days following the furnishing of the summary to Tenant. Unless Tenant takes written exception to any item within ninety (90) days following the furnishing of the summary to Tenant (which item shall be paid in any event), such summary shall be considered as final and accepted by Tenant. If it is determined that Tenant paid Operating Costs in excess of one hundred and five percent (105%) of actual Operating Costs, Landlord shall pay the reasonable costs of Tenant's audit within thirty (30) days after receipt of copies of invoices with proof of payment detailing such costs. If Landlord selects the accrual accounting method rather than the cash accounting method for operating expense purposes, Operating Costs shall be deemed to have been paid when such expenses have accrued. For purposes hereof the Premises total 27,259 square feet. The Building totals 106,070 square feet. Tenant's "proportionate share" of 25.7% is arrived at by dividing 106,070 into 27,259. Landlord agrees to pay before they become delinquent all taxes, installments of special assessments and governmental charges of any kind and nature whatsoever (herein collectively referred to as "taxes") lawfully due and payable with respect to the Commencement Date Building and the Property. If at any time during the term of this lease, the present method of taxation shall be subject changed so that in lieu of the whole or any part of any taxes, assessments or governmental charges levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents for the present or any future building or buildings on the Property, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "taxes" for the purposes hereof. Landlord's Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and any casualty covered by the provisions of Paragraph 12A excepted, all obligations parts of the Building, other than tenants' premises, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or nonstructural, including roof, foundation, walls, downspouts, gutters, sprinkler system; regularly mow any grass, remove weeds and perform general landscape maintenance; and maintain and repair the parking lot and driveway areas. Tenant shall immediately give Landlord written notice of any defect or need for repairs after which Landlord shall have a reasonable opportunity to repair the same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this LeaseLease shall be limited to the cost of such repairs or maintenance or the curing of such defect. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant's Responsibilities.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials material and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit wastewaste thereon, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, Premises or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the premisesPremises. Subject to the immediately preceding sentence, but notwithstanding any other provision hereof to the contrary, Landlord and not Tenant shall be responsible for complying with Legal Requirements (including performing alterations or modifications necessary to make the Premises comply with applicable Legal Requirements) to the extent such compliance (i) relates to structural components of the Building and the Project or to the exterior of the Building, or (ii) is mandated generally for commercial and industrial properties in the City of Hayward and is not the result of Tenant's particular use of the Premises. The cost of any capital expenditures incurred by Landlord to comply with applicable Legal Requirements (including the cost of any required additions, alterations or modifications) under the immediately preceding sentence shall be amortized as provided in Paragraph 6 below. Tenant shall pay its Proportionate Share of such amortized costs over the remaining term of the Lease as provided in Paragraph 6 below. Tenant shall not be responsible for any costs attributable to maintaining compliance with Legal Requirements to the extent such compliance is necessitated by the particular use of lessees of the Project other than Tenant. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the PremisesPromises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises Except as set forth below, each of the Properties shall be used only solely for the purpose operation of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant a Permitted Concept and for such no other lawful purposes purpose. Lessee shall occupy the Properties commencing on the Effective Date and, except as may be incidental thereto; set forth below and except during periods when any of the Properties is untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while any of the Properties is untenantable, Lessee shall strictly comply with Landlordthe terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and diligently operate its business on each of the Properties. Lessee may cease diligent operation of business at any of the Properties for a period not to exceed 90 days and may do so only once with respect to each Property within any five-year period during the Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's prior written business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor's consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises which consent shall not be used as a place of public accommodation under the Americans With Disabilities Act unreasonably withheld or similar state statutes delayed. Lessor may consider any or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises following in determining whether to grant its consent, without being deemed to be used for any purpose unreasonable: (i) whether the rental paid to Lessor would be equal to or in any manner that would void Tenant's or Landlords's insurancegreater than the anticipated rental assuming continued existing use, increase (ii) whether the insurance risk, or cause proposed rental to be paid to Lessor is reasonable considering the disallowance converted use of any sprinkler credits. If any increase the Properties and the customary rental prevailing in the cost of any insurance on community for such use, (iii) whether the Premises or converted use will be consistent with the Project is caused by Tenant's highest and best use or occupation of the PremisesProperties, and (iv) whether the converted use will increase Lessor's risks or because Tenant vacates decrease the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation value of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseProperties.
Appears in 1 contract
Sources: Master Lease (Alexanders J Corp)
Use. The a. Subject to Tenant's compliance with all zoning ordinances and Legal Requirements, the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinguse. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale sales on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, fumes, smoke, dust, gas, noise, or vibrations to emanate from the PremisesPremises in violation of applicable Legal Requirements, or take any other action that would constitute a nuisance or would unreasonably disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storagestorage (except in the Outside Yard Area, defined below), including without limitation, storage of trucks and other vehiclestrucks, vehicles or any of Tenant's personal property, products or merchandise, is strictly prohibited without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall not bring upon the Premises or any portion of the Building or Project or use the Premises or permit the Premises or any portion thereof to be used for the growing, manufacturing, administration, distribution (including without limitation, any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, or any other illicit drug under either State of California or United States law, regardless of the legality or illegality of the same.
b. Subject to Landlord's Construction Warranty, Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, conditions and restrictions and all other matters of record now or hereafter applicable to the Premises (collectively, "Legal Requirements"). Further, Tenant shall, at its sole cost and expense, timely and fully comply with all obligations imposed upon “operators” under the Warehouse Indirect Source Rule (“Warehouse ISR”) implemented by the Bay Area Air Quality Management District (“BAAQMD”), including, without limitation, warehouse points compliance obligations, reporting, notification and recordkeeping requirements, and payment of mitigations fees, as applicable. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within modifications to the Premises or without the PremisesBuilding, that are required by Legal Requirements related to Tenant's particular and unique use or occupation of the premisesPremises (as opposed to general office/industrial/warehouse/manufacturing). Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any Subject to the provisions of Paragraph 1(b) above, any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bloom Energy Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant Tenant, general office, lab, research and development, manufacturing and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Supernova Partners Acquisition Co II, Ltd.)
Use. The Lease Premises are hereby leased to Lessee as a site for a wireless communications facility and for any other lawful purpose, consistent with related applications, for which Lessee may desire to use the Leased Premises. Lessee shall have the right to erect, construct, operate, maintain, repair and replace on the Leased Premises the equipment described in Exhibit A – Product Specifications. Within the confines of the equipment footprint, Lessee shall have the right to erect, construct, operate, maintain, repair and replace on the Leased Premises the equipment described in Exhibit A. Lessee agrees and shall be used only required to light the communications monopole or tower, if any, in the manner required by the Federal Aviation Agency for structures 200’ or higher. Only the items listed in Exhibit A are allowable on the Leased Premises. Any additional structures, antennae, footprints, equipment, cabinets of any kind, and/or any other items not specifically contained in Exhibit A and authorized by Lessor are strictly prohibited. Lessee’s failure to comply with the requirements of this paragraph shall constitute a default of this agreement and call for the Lessee is hereby granted the limited right of ingress and egress to the Lease Premises during normal business hours of Lessor for the purpose of receivinginstallation, storingmaintenance, shipping repair, replacement and selling removal of the communications tower and other equipment. Lessee shall have limited access to the Leased Premises at times when the Lessor’s business activity is closed, such as after 5:00 p.m., weekends and holidays. In the event Lessee requires access to the Leased Premises after hours, Lessee shall contact Lessor no less than four (but limited 4) hours prior to wholesale sales) productsbeing granted access to the Leased Premises. Subject to the provisions of Paragraph 13 hereof, materials any and merchandise made and/or distributed all structures, improvements, equipment, facilities and other property of whatever kind installed by Tenant or for Lessee on the Leased Premises shall be and for such remain the property of Lessee, whether affixed to the realty or not, and Lessee shall have the right to remove the same at any time during the term hereof and within 90 days after the termination or expiration of this lease or any extensions or renewals thereof. All the while, rent shall continue to be paid to Lessor until the removal of the property. Lessee agrees and understands that it is the Lessee’s responsibility to abide by all federal, state and local rules and regulations pertaining to the operation of the site and of Lessee’s equipment; including without limitations, those pertaining to the installation, maintenance, height, location, use, operation, and removal of its equipment, antenna systems, and any other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also alterations or improvements authorized herein. Lessee agrees and understands that changes in rules and policies by agencies or persons other than Lessor that affect the operation or use of Lessee’s equipment and of the Premises for light manufacturingsite are not Lessor’s responsibility. Tenant shall not conduct or give notice of any auction, liquidationLessee hereby represents that Lessee has obtained the necessary licenses and permits required to use said site, or going out of business sale on that Lessee will obtain said licenses or permits, at Lessee’s own expense, prior to any such use. Lessee represents that it has independently ascertained that the Premises. Tenant will use the Premises in a careful, safe site it adequate and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall for Lessee’s intended use and occupy the Premises in compliance with all lawshas entered into this Lease Agreement based solely upon said independent investigation, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or by any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required representation by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLessor.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises shall be used only for the purpose of receivingPermitted Use, storing, shipping and selling in compliance with all zoning ordinances and Legal Requirements (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinghereinafter defined). Tenant shall not conduct or give notice of any auction, liquidation, or going out of going-out-of-business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises, subject to reasonable wear and tear. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably disturb or interfere with, or endanger Landlord with Landlord’s or any tenants other tenant’s use or enjoyment of other the portions of the ProjectProperty that are not the Premises, taking into account, in all events, the Permitted Use. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited in any areas of the Property not within the outside areas of the Premises without Landlord's ’s prior written consent. TenantFor purposes of clarity, outside storage shall be permitted in areas designated as “Canoo Logistics/ Laydown” on the Premises site plan set forth on Exhibit “A” attached hereto.
(b) Tenant shall, at its sole cost and expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, laws and ordinances, regulationsand all rules, codes, directives, permits, licenses, covenants covenants, orders or regulations of any governmental authority or Insurance Authority (as hereinafter defined) including the Americans with Disabilities Act, judgments, and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation occupancy of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's insuranceLandlord’s insurance or certificate of occupancy. Notwithstanding the foregoing, increase Tenant shall not be prohibited or unreasonably restricted from using batteries on the insurance risk, or cause the disallowance of Premises due to any sprinkler creditsLandlord insurer requirements. If any increase in the cost of any insurance on the Premises or the Project Property is caused by Tenant's ’s use or occupation occupancy of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the entire amount of such increase to LandlordLandlord (as opposed to Tenant’s Proportionate Share thereof).
(c) Except for exclusive designated parking rights set forth in Section 15, Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, those areas identified as (i) roadways, (ii) parking areas and (iii) “Dock Loading Area” and shown on Exhibit A-1 (the “Common Areas”), subject to such reasonable rules and regulations as Landlord may promulgate from time to time. Any occupation Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas. The Property that is not part of the Premises or Common Areas may be changed from time-to-time in the sole discretion of Landlord, including, but not by way of limitation, the layout, size, improvements and other characteristics of such Property, provided that such changes do not materially impair, diminish or interfere with T▇▇▇▇▇’s use of the Premises or the Common Areas or any other rights granted to Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasehereunder.
Appears in 1 contract
Sources: Lease Agreement (Canoo Inc.)
Use. The provisions in this paragraph concerning Lessee's use of the Premises 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 Improvements or any part thereof, and Lessee shall not overload any floors or walls of the Improvements. No apparatus or appliance that would in any manner damage, injure or vibrate the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, operated in or going out of business sale on the Premises. Tenant will 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 a carefulany manner contrary to the provisions of this paragraph, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant Lessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlordfirst obtain Lessor's prior written consent. Tenant, at Lessor may in its sole expense, discretion withhold or refuse to give any such consent.
(e) In no event shall use and occupy Lessee permit the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation part of the premises. Tenant will not use or permit the Premises to be used to qualify for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance fulfillment of any sprinkler credits. If any increase in the cost requirements of Laws pertaining to construction, maintenance or zoning of any insurance on the Premises building or the Project is caused by Tenant's use improvements or occupation of land not included within the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation and no part of the Premises shall rely on any other property of any kind in order to qualify for fulfillment of any such requirements. Lessee shall not by Tenant prior any act or omission impair the integrity of the Premises as a single parcel, apart from all other property, for zoning purposes and for purposes of levying, assessing 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 shall be subject to all obligations Date, and (B) there are no liens or encumbrances affecting the Premises that would interfere in any material way with Lessee's use of Tenant under this Leasethe Premises for the Current Use as currently conducted.
Appears in 1 contract
Sources: Lease (Ashworth Inc)
Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentinspection throughout the Term, Tenant may also all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's Site. Tenant shall not perform any work or conduct any business whatsoever in the Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase all applicable insurance policy(ies) covering the Building, the Site and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the amount Building and/or Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of such increase to Landlord. Any occupation of any periodic or special dues or assessments charged against the Premises by or Tenant prior which may be allocated to the Commencement Date Premises or Tenant in accordance with the provisions thereof. Tenant shall be subject promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to all obligations comply with the provisions of Tenant under this LeaseSection, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Lease Agreement (Hyseq Inc)
Use. The Premises Buildings in the Shopping Center shall be used only for commercial purposes of the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises type normally found in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, retail shopping center including, without limitation, financial institutions, service shops, offices, and retail stores. No cafeteria, theatre, bowling alley, billiard parlor, night club or other place of recreation or amusement, or any business deriving in excess of 40% of its gross sales from the Americans With Disabilities Actsale of alcoholic beverages shall occupy space within the Inland Parcel without the prior written consent of Seller. In the event that Seller enters into a contract of sale or lease with Wal-Mart Stores, ordersInc. or any Affiliate of Wal-Mart Stores, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Inc. (collectively, "Legal RequirementsWAL-MART"). The Premises ) on or before the Third Anniversary, then the prohibitions in the preceding sentence ("Use Restrictions") shall be permanent and shall also apply to the Seller Tract and shall not be used as permitted on the Seller Tract without the prior written consent of Inland. If by the Third Anniversary Seller has entered into a place contract of public accommodation under sale or one or more leases with any prospective users of the Americans With Disabilities Act Seller Tract (other than Wal-Mart), and if such user(s) require that the Use Restrictions remain in effect, AS evidenced by a recorded deed or similar state statutes memorandum or local ordinances memoranda of lease so stating, then the Use Restrictions shall be permanent. If the conditions set forth in the preceding two sentences are not satisfied by the Third Anniversary, then the Use Restrictions shall expire and be of no further force or effect. Inland and Seller recognize that said businesses may inconvenience customers and adversely affect business in the Shopping Center. Notwithstanding anything to the contrary contained herein it is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either express or implied, to either commence the operation of a business or thereafter continuously operate a business by Seller or any regulations promulgated thereunder, all as may be amended from time to timelessee of Seller on the Seller Tract. Tenant shallInland recognizes and agrees that Seller may, at its expenseSeller's sole discretion and at any time during the term of this Agreement, make any alterations or modifications, within or without cease the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance operation of any sprinkler credits. If or all business on the Seller Tract; and Inland hereby waives any increase in legal action for damages or for equitable relief which might be available pursuant to the cost terms of this Agreement to Inland because of any insurance on the Premises such cessation of business activity by Seller or the Project is caused by Tenant's use or occupation any lessee of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseSeller.
Appears in 1 contract
Sources: Easement Agreement (Inland Western Retail Real Estate Trust Inc)
Use. The Premises shall Seller agrees that the ISO Containers will be used only and operated solely in the conduct of its business for the purpose Stated Purpose and in compliance in all material respects with (i) Applicable Laws, (ii) Approvals; (iii) the terms of receivingthis Agreement; (iv) applicable manufacturer’s instructions and recommendations, storing(v) International LNG Container Standards (including applicable health and safety laws and environmental, shipping noise and selling pollution laws (but limited to wholesale salesincluding notifications and reports) productsand (vi) required insurance policy terms, materials conditions and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental theretoprovisions); provided, however, with Landlord's prior written consent, Tenant may also use that in the Premises for light manufacturing. Tenant shall not conduct or give notice event of a conflict between any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises priorities noted above, the priority with the lowest roman numeral noted above shall prevail. Buyer shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the ownership of each ISO Container. Seller shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the use and operation of each ISO Container (and in each case in which such license, registration, certificates, permits, approvals and consents are required to be in the name of Buyer, they shall be in the name of Buyer, including those required by environmental, noise and pollution laws). Seller agrees that during the Term, the ISO Containers will at all times prior to a Buyer Termination Event or subject a Seller Termination Event (as applicable) be and remain in the Premises possession and control of Seller when not in the possession of Buyer. Except as necessary to use that would damage perform Seller’s obligations under this Agreement, the Premises. Tenant ISO Containers shall not permit any objectionable in no event be used or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants located outside of the Projectterritorial limits of the State of Hawai’i without the consent of Buyer. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Seller shall use and occupy operate the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now ISO Containers or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises cause them to be used and operated by qualified personnel authorized by Seller, and Seller shall use reasonable precautions to prevent loss or damage to each ISO Container from fire and other hazards. Seller shall use each ISO Container solely for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance transportation and storage of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior LNG pursuant to the Commencement Date shall be subject to all obligations of Tenant under this LeaseAgreement.
Appears in 1 contract
Sources: LNG Fuel Supply Agreement (Hawaiian Electric Co Inc)
Use. The Premises (a) Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingthe storage, packing and distribution of dry goods, and for offices connected therewith, and for no other purpose.
(b) No outside storage of any product or material is permitted by Tenant. However, Tenant may store empty containers and trailers in the parking area immediately in front of the Premises provided such storage does not interfere with access to the building or the use of the building parking areas and access roads by the Landlord or any of its other tenants. In no event will Tenant generate, process, treat, store or dispose of any toxic or hazardous material or substances as defined by the laws, ordinances, rules and regulations of the Federal, State, County and Municipal authorities.
(c) Tenant shall, at Tenant's expense, obtain any and all licenses and permits necessary for such use. Landlord does not warrant the existing or future adequacies or sufficiencies of the demised premises for Tenant's present or future use. It is understood that: all such licenses and permits and applications for same shall be in the Tenant's name; all costs and expenses regarding the applications, permits and licenses shall be borne by Tenant; and failure to obtain such permits and licenses shall not relieve Tenant of its obligations under this Lease.
(d) Tenant shall, at Tenant's expense, agree to fully observe and comply with all laws, ordinances, rules and regulations of the Federal, State, County and Municipal authorities applicable to said Premises, or to the business to be conducted by the Tenant in the Premises.
(e) Schedule A attached hereto and made a part hereof is a list of those substances (particularly chemicals) Tenant shall not conduct use or give notice store on the demised Premises in connection with Tenant's operation of any auction, liquidation, or going out its business and use of business sale on the Premises. Tenant will use the Premises in hereby agrees that whenever a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, new substance is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises planned to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance riskstored, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises Tenant discontinues using or the Project is caused by Tenant's use or occupation of the Premisesstoring a substance, or because Tenant vacates the Premises, then Tenant shall pay the amount of immediately submit to Landlord an updated list, and obtain written consent to such increase to storage from Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Skechers Usa Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises for the following use or purpose and for no other use or purpose: as a retro/vintage-style neighborhood diner offering light casual fare with an emphasis on burgers, salads, milkshakes, and ice cream. This use defines the use that is permitted on site and is hereinafter considered the “Permitted Use”. Tenant shall be required to operate and be open for business to the public year round the full Premises, Tuesday through Sunday, and shall be open, at a minimum, 45 minutes before sunrise through 9:00 P.M. Tuesday through Saturday, and until 7:30 P.M. on Sundays. Last call for the kitchen will be 8:30 P.M. and 7:00 P.M., respectively. In the event that the Tenant uses the Premises for purposes not expressly permitted herein, the Landlord may, in compliance addition to all other remedies available to it, terminate this Lease or restrain said improper use by injunction. Without the prior written consent of the Landlord, which may not be unreasonably withheld, the Premises shall never be closed for business more than two (2) weeks continuously and thirty (30) days (in the aggregate) in any Lease Year except for planned renovations or situations that would be considered a “Force Majeure Event”. Tenant shall open for business in accordance with all the Permitted Use no later than twenty-four (24) months following the Lease Commencement Date. Tenant shall not commit any nuisance; nor permit the emission of any objectionable noise or odor, nor burn any trash or refuse within the Premises; nor bring on, deposit or allow to be brought on or deposited on the Premises any hazardous or noxious materials or substances, as the same may be defined by federal, state or local laws, including, without limitation, the Americans With Disabilities Act, orders, judgmentscodes, ordinances, rules, or regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, ; nor make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or any part thereof or equipment therein which is improper, offensive, a nuisance or contrary to law. Tenant agrees to strictly enforce all laws in the Project is caused by Tenant's use or occupation operation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Retail Lease Agreement
Use. The Tenant covenants and agrees to use the Demised Premises shall be used only for the purpose of receiving, storing, shipping purposes set forth in Paragraph 1.02 above and selling (but limited agrees not to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Demised Premises to be used for any purpose other purposes without the prior written consent of the Landlord which consent shall not be unreasonably withheld, conditioned or delayed; provided however that the requirement to give such consent is subject to the terms of paragraph 20. Tenant represents that it’s NAICS number is as set forth in Paragraph 1.03 above. Tenant will immediately advise Landlord in writing of any change or anticipated change in its NAICS number. Tenant further covenants and agrees that:
(a) All wheeled equipment used by Tenant in the Demised Premises shall be equipped with tires, which do not ▇▇▇▇ or mar the floor surfaces.
(b) The Tenant shall not keep or permit animals in or about the Demised Premises.
(c) The Demised Premises shall not be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, which shall be kept in sanitary containers at Tenant’s expense and regularly taken away from the Demised Premises, unless otherwise agreed by the Landlord in writing, Tenant shall utilize one dumpster at its Demised Premises located in an area designated by Landlord. All other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
(d) The Tenant shall not do or cause to have anything done that in any manner that would void Tenant's or Landlords's insuranceway restricts the use of the railroad tracks, increase if any, serving the insurance riskDemised Premises; and it shall not leave any object, merchandise, materials, or cause vehicle on any railroad tracks servicing the disallowance of Property at any sprinkler credits. If time.
(e) Tenant shall not permit vehicles to be parked or any increase material or object to be placed in a manner which interferes with access to the Property or traffic circulation in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseparking lot.
Appears in 1 contract
Use. The Tenant agrees to: (i) operate its business in the Premises shall be used only for under the purpose of receivingtrade name specified in Article I, storingSection 1.0(r), shipping and selling (but limited to wholesale salesii) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises solely for light manufacturingthe permitted use specified in Article I, Section 1.0(s) and for no other business or purpose. Tenant further agrees not to conduct catalog sales in or from, the Premises except of merchandise which Tenant is permitted to sell "over-the-counter" consistent with its permitted use. Tenant recognizes that the specific limited use prescribed herein is a material consideration to Landlord in order that the Shopping Center will maintain an appropriate tenant mix so as to produce the maximum Gross Revenue possible for all tenants and that the continued operation of a first-class regional enclosed mall shopping center development will be assured. Notwithstanding the foregoing, Tenant's specific limited use hereunder shall not be construed to imply that Tenant has an exclusive right to conduct the use permitted by Article I, Section 1.0(s). Landlord, in its sole discretion, may permit other tenants or give notice occupants of the Shopping Center to operate the same or similar use unless expressly stated herein to the contrary. If Tenant's business in the Premises is to be conducted pursuant to a franchise agreement, the existence and continuation of such franchise agreement is a material consideration to Landlord in entering into this Lease and if such franchise agreement is terminated, Landlord shall be entitled to treat such event as an event of default and elect any auctionof the remedies provided in Article XXIV. Notwithstanding anything to the contrary contained in this Section 8.1, liquidationLandlord shall not unreasonably withhold, delay or going out condition the giving of business sale on its consent to a change in the trade name of Tenant provided that there is no change in the manner of Tenant's operation of the Premises and provided that the change in name shall be utilized by all of Tenant's operations which are comparable to the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises Subject to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. right to approve the plans and specifications therefor, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as 's signage may be amended from time changed to time. Tenant shall, at its expense, make any alterations or modifications, within or without reflect the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or change in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetrade name.
Appears in 1 contract
Sources: Deed of Lease (Ciao Cucina Corp)
Use. A. The Leased Premises shall be used only for the purpose of receiving, storing, shipping cultivating marijuana for medical and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant recreational use and for such other lawful purposes related general office and warehouse purposes. Tenant represents and warrants the following: (i) that Tenant's purpose in cultivating or possessing marijuana is to produce plants and usable marijuana for persons authorized to grow marijuana as may authorized by Sections 14 and 16, Article XVIII of the constitution of the State of Colorado ("Sections 14 and 16") ; (ii) that no marijuana shall be incidental theretoused in or near the Property in plain view of (or in a place open to) the general public or in any way that endangers the health or well-being of any person; provided, however, with Landlordand (iii) that Tenant will not violate any state law regarding growth or distribution of marijuana in the course of Tenant's prior written consentbusiness. In the event that Tenant's cultivation and distribution of marijuana at any time becomes impermissible under Sections 14 and 16, Tenant may also use shall so notify Landlord and shall immediately and properly dispose of all cannabis plants and products on the Premises for light manufacturingin any manner permitted by law. Tenant shall not conduct or give notice provide to Landlord upon request copies of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related licenses relating to Tenant's use or occupation of the premisesLeased Premises. Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant in the event that Tenant breaches any of the warranties or covenants contained in this paragraph. Either Landlord or Tenant shall have the right to terminate this Lease without any further obligations under the Lease, upon no more than thirty (30) days' written notice to the other party in the event that Tenant's use of the Premises becomes illegal due to any revocation or modification of Sections 14 and 16 or any other applicable State law, any municipal ordinance governing the Leased Premises, or if either party is notified by federal authorities, that Tenant may not conduct its business in a legal manner.
B. Tenant acknowledges that the Leased Premises were not designed and have not been modified for cultivation of living plants. Tenant will not shall be solely responsible for any routine maintenance, alterations or repairs to the Leased Premises or the building in which the Leased Premises are located which may be necessary due to conditions associated with Tenant's use of the Leased Premises (including without limitation additional ventilation, treatment to control and eliminate mold, and correction of any moisture-related conditions). Prior to Tenant taking possession, Landlord shall cause its qualified environmental contractor to conduct a baseline review and analysis of any mold currently existing on or permit about the Property and/or Leased Premises and in no event shall Tenant be required to remediate such existing mold conditions. Landlord should remediate and/or correct any mold condition found and the cause thereof. However, Tenant at its expense shall (i) cause the existing ventilation system of the Leased Premises to be used for modified by a licensed and qualified contractor to control moisture condensation prior to obtaining a Certificate of Occupancy or Temporary Certificate of Occupancy, and (ii) provide to Landlord annually a written report from a qualified environmental contractor regarding management of mold and water damage in the Leased Premises. Upon review of the above referenced annual written report from such qualified environmental contractor, the Landlord, at the Landlord's sole discretion, may have the right to require Tenant to remediate any purpose mold issues or in any manner that would void concerns, at Tenant's sole expense, in an amount not to exceed $500,000 aggregate. In addition, Tenant also hereby agrees to remediate, at the Tenant's sole expense, in an amount not to exceed $500,000 aggregate, any mold concerns or Landlords's insuranceissues should they develop and Tenant become aware of such mold concerns or issues at any point between such annual mold inspections.
C. Tenant shall not use the Leased Premises for the purposes of storing, increase the insurance riskmanufacturing or selling any explosives, flammables or other inherently dangerous substances or chemicals, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then other hazardous materials.
D. Tenant shall pay the amount provide Landlord within five (5) business days of such increase to Landlord. Any occupation of the Premises receipt by Tenant prior the following items:
i. City and County of Denver Certificate of Occupancy - once all improvements are completed and the following are met:
1. Building Permit 2. Code Analysis 3. Change of Occupancy - administrative modification use changed to the Commencement Date shall be subject to "plant husbandry"
4. Zoning Permit 5. Construction Drawings for all obligations of Tenant under this Lease.improvements * Mechanical Drawings * Electrical Drawings * Plumbing Drawings 6. Sewer Use and Drainage Permit 7. Waste Water Permit 8. Use Permit
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior prior, to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall non-exclusive use of the Designated Areas and Staging Area is to be used by Permittee only for the purpose transfer of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise Permittee’s customers who have made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also arrangements. The use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject Designated Areas and Staging Area is granted only so long as Permittee strictly complies with the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants Provisions of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, this Permit including, without limitation, the Americans With Disabilities Actfollowing conditions:
A. Permittee will not solicit, ordersin any manner, judgmentsfrom the Designated Areas, ordinancesStaging Area, regulationsor anywhere on the Airport, codesexcept through authorized advertising arranged through the Airport’s agent. Permittee will not hire or contract with others to solicit for Permittee at the Airport. For the purpose of this section, directivessolicitation does not include electronic communications.
B. Drivers will not pick up or drop off passengers outside the appropriate Designated Areas. The Designated Areas are to be used only for pick up and drop off of passengers, permits, licenses, covenants and restrictions now or hereafter applicable as the authorized use may be. Each Driver shall limit such driver’s curbside time to the Premises time required for the prompt loading and unloading of passengers, and after loading or unloading its passengers, such Driver shall either be promptly engaged with another Airport Pick Up Trip through the App or thereafter promptly depart from the Geo-Fence Area and the Airport’s premises. Unless otherwise specified by the Director in writing, at no time shall Driver dwell with his/her Vehicle within the Designated Area for the purpose of waiting for a passenger to arrive for any period beyond the Rematch Eligibility Window. Vehicles violating this subsection may be ticketed.
C. Drivers will remain at all times in Vehicle except to assist customers at the vehicle. Vehicles without drivers will be ticketed and may be towed at Permittee’s expense.
D. Permittee will share the Designated Area and Staging Area with other users as approved by the City.
E. After completing an Airport Drop Off Trip, Driver may not engage in any other business at the Airport (collectivelyi.e., "Legal Requirements")picking up a new passenger) until Driver has exited the Geo-Fence Area, unless engaged through the App within the Rematch Eligibility Window.
F. Permittee will maintain its Geo-Fence at all times in proper operating condition, require Drivers to properly use Permittee’s Online-Enabled Platform, Mobile Device, Application or App while on Airport property. Permittee shall inform its Drivers of the Provisions of this Permit prior to Drivers conducting any business at the Airport.
G. The Airport Director, in his/her sole discretion may upon giving notice to Permittee, limit the number of Drivers and their Vehicles within the Geo-Fence Area and Staging Area for the purpose of picking-up passengers should operational, safety, or security considerations warrant.
▇. The Premises Airport Director, in his/her sole discretion may upon giving written notice to Permittee, eliminate the Rematch Eligibility Window and require that each Driver completing an Airport Drop Off Trip exit the Geo-Fence Area prior to being re engaged for an Airport Pick Up Trip.
I. Permittee will fully comply with all applicable Federal Aviation Administration (FAA) regulations including security requirements, Airport Rules and Regulations, and the Airport’s security plan in regard to its use of Airport facilities under this Permit.
J. Each Driver shall not possess the following information while in the Designated Areas and Staging Area and shall make the information available to Airport personnel upon request:
(1) Valid state issued Driver's License;
(2) Proof of Vehicle registration; and
(3) Proof of automobile insurance for Driver's Vehicle.
K. Permittee will provide the City with name, address, telephone, and email address for at least one qualified representative authorized to represent and act for Permittee in matters pertaining to its operation, and will keep City informed, in writing, of the identity of each such person.
L. Permittee acknowledges and agrees that any failure to comply with any Provision of this Permit will be used a material breach and may result in suspension, revocation, or termination of this Permit by City (see Section 13 entitled “Rights Cumulative” and Section 15 entitled “Conditions of Default”).
N. Drivers shall only use the Designated Areas for active loading and unloading of passengers, or awaiting a rematched Airport Trip during the Rematch Eligibility Window.
O. Permittee is hereby granted the non-exclusive use of the TNC Staging Area depicted in the attached Exhibit “C” for use as a place Vehicle parking area. Vehicles may only be parked in the “TNC Staging Area” when Drivers have the TNC App enabled and are available for an Airport TNC Pick Up Trip. No unattended Vehicles are allowed in the TNC Staging Area, and Drivers are prohibited from using any airport facility nearby or adjacent to the TNC Staging Area. The Director, on behalf of public accommodation under the Americans With Disabilities Act City, may relocate, add, substitute, or similar state statutes delete all or local ordinances or any regulations promulgated thereunder, all portions of the Staging Area at his/her sole option as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without required in the Premises, that are required by Legal Requirements related to Tenant's use or occupation opinion of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseDirector.
Appears in 1 contract
Sources: Ground Transportation Use Agreement
Use. The Premises Subtenant shall be used only continuously use and occupy the Sublet Premises, to the extent permitted by law, for the purpose of receiving, storing, shipping and selling general office use (but limited to wholesale salesthe "Permitted Uses") products, materials and merchandise made and/or distributed by Tenant and for no other use or purpose. Sublandlord makes no representation or warrant as to the necessity of obtaining any license, permit or approval from any federal, state or municipal governmental authority for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinguses. Tenant Subtenant shall not conduct or give notice of any auctionactivity on the Sublet Premises, liquidationwhich is not permitted under the Prime Lease, or going out of business sale on which causes any noise, odor or vibration to be emitted from the Sublet Premises. Tenant will use Subtenant shall comply with reasonable rules and regulations as the Premises same may be promulgated and modified by Landlord from time to time. Except as specifically provided in a carefulSection 26 hereof, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant Subtenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgmentsstatutes, ordinances, by-laws, regulations, codesrestrictions, directivesand with the requirements of all governmental approvals, licenses and permits, licenses, covenants and restrictions now or hereafter applicable relating to the Building or the Sublet Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place , and with the provisions of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended insurance policies from time to timetime in effect with respect to the Building or the Sublet Premises. Tenant shallIn addition, at its expenseSubtenant shall obtain, make any alterations keep in force, and comply with all requirements of all governmental approvals, licenses and permits required for Subtenant's specific use of the Sublet Premises. Subtenant shall not use, generate, treat, store, or modificationsdispose of "Hazardous Substances" (as hereinafter defined) on the Sublet Premises without giving prior written notification to Sublandlord, within including the identity and amounts of the Hazardous Substances which Subtenant proposes to use, and receiving prior written consent from Sublandlord, which may be withheld or without the Premisesconditioned in Sublandlord's sole discretion. In all events, that are required by Subtenant's use of Hazardous Substances must be in full and complete accordance with all Legal Requirements related applicable thereto. Subtenant shall indemnify, save harmless, and defend (with counsel reasonably satisfactory to TenantSublandlord) Sublandlord, its officers, directors, employees, contractors, servants and agents, from and against all loss, costs, damages, claims proceedings, demands, liabilities, penalties, fines and expenses, including without Urnitation reasonable attorneys' fees, consultants' fees, litigation costs, and cleanup costs, asserted against or incurred by Sublandlord, its officers, directors, employees, contractors, servants and agents at any time and from time to time resulting from the presence of any Hazardous Substances in or on the Sublet Premises during the Sublease Term arising after Subtenant's use or occupation taking possession of the premises. Tenant will not use Sublet Premises and resulting from (a) the action or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insuranceinaction of Subtenant, increase the insurance riskits officers, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premisesdirectors, or because Tenant vacates the Premisesemployees, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.contractors, servants and
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
Use. The a. Cazenovia will utilize the Premises exclusively for teaching purposes. All courses shall be used only taught by Cazenovia instructors at the expense of Cazenovia, and Cazenovia shall be solely responsible for compensating the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant instructors and for such all of their benefits and the other lawful purposes terms and conditions of their employment. All faculty members shall sign an acknowledgment that they are employees of Cazenovia and not of Herkimer and that they shall look solely to Cazenovia for wages, salaries and other terms and conditions of employment regarding the program and that Herkimer shall have no responsibility therefore. Herkimer faculty who are hired as Cazenovia adjunct faculty may be incidental thereto; providednot assume teaching assignments which conflict with Herkimer teaching assignments, howeverincluding required office hours. Herkimer and Cazenovia shall comply with all federal, with Landlord's prior written consentstate and local laws, Tenant may also use codes, ordinances, regulations, rules, orders and directives that effect the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction(collectively, liquidation“Regulations”), or going out of business sale on the Premises. Tenant will use the Premises in a carefulincluding all environmental, safe energy and proper manner zoning regulations and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable objectionable, unpleasant or unpleasant dangerous odors, smoke, dust, gas, noiseemission, noise or vibrations to emanate from the Premises, or take nor permit any other action that activity upon Premises which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any tenants other occupant of the Projectcampus. Outside storageThe management and removal of hazardous waste, including without limitationif any, storage of trucks will be administered by Herkimer.
b. Cazenovia shall comply with Herkimer policies and other vehiclesguidelines for safety, security, and waste management in this facility. If Cazenovia finds any such policy or guideline to be unacceptable, its sole remedy is prohibited without Landlord's to terminate this Agreement with 30 days written notice to Herkimer.
c. Without Herkimer’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Cazenovia shall not be used receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or otherwise hazardous, or which has been listed by the Environmental Protection Agency as a place of public accommodation under the Americans With Disabilities Act being an actual or similar state statutes suspected carcinogen. These materials include but are not limited to: chemicals, radioactive materials, biologicals, laser generating equipment, gases, or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timesolvents beyond those normally found in undergraduate instructional chemistry laboratories. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will Cazenovia shall not use or permit the Premises to be used for any purpose or in any manner that which would void Tenant's or Landlords's insurance, increase render the insurance risk, void or cause the disallowance of any sprinkler credits. If any increase in the cost judgment of the insurer make the insurance risk more hazardous or more expensive.
d. Cazenovia shall repair and pay for any insurance on the Premises or the Project is damage caused by Tenant's use Cazenovia’s employees, students, agents or occupation invitees.
e. EMERGENCY CONTACT NUMBERS: Student and/or faculty injuries will be handled by Herkimer Campus Security at ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ and must be reported within 24 hours of the Premises, event by the injured person or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseCazenovia faculty member.
Appears in 1 contract
Sources: Partnership Agreement
Use. The 6.1 Tenant shall use and permit the use of the Premises shall be used only for the purpose construction, maintenance, repair, replacement and operation of receivingthe Facilities and any Increased Capacity Improvements, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be any uses associated therewith or incidental thereto; provided, however, with Landlord's prior written consent. Further, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionplant, liquidationirrigate, or going out of business sale fertilize, nurture and harvest crops on the Premises. , or permit licensees or subtenants to do the same, and any rentals from such agricultural use shall belong exclusively to Tenant.
6.2 Tenant will use shall, at Tenant's expense, promptly comply with all Laws now in effect or which may hereafter come into effect during the Premises term hereof, relating in a careful, safe and proper any manner and will not commit waste, overload the floor or structure of to the Premises or subject the Premises to occupation and use that would damage by Tenant of the Premises. Tenant shall conduct its business in a lawful and commercially reasonable manner, and shall not use or permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants use of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance any manner that will create waste or nuisance. Except as otherwise provided in this Lease, Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Damages which may be imposed upon or incurred by Landlord or asserted against Landlord by any third Person, arising out of or attributable to Tenant's operations on the Premises.
6.3 Notwithstanding Section 6.2 hereof (in which the clause "in all material respects" has not been used to modify the effect of the word "comply" in the first sentence thereof), Tenant shall, at Tenant's expense, comply in all material respects with all lawsenvironmental Laws now in effect or which may come into effect during the term hereof, including, without limitation, the Americans With Disabilities Resource Conversation and Recovery Act, ordersthe Comprehensive Environmental Response, judgmentsCompensation and Liability Act, ordinancesthe Hazardous Materials Transportation Act, regulationsthe Toxic Substances Control Act, codesthe Clean Air Act, directivesthe Clean Water Act, permitsthe California Hazardous Waste Control Act, licensesthe California Hazardous Substance Act, covenants the ▇▇▇▇▇▇-Cologne Water Quality Control Act and restrictions all applicable regulations promulgated pursuant thereto.
6.4 Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Damages which may be imposed upon or incurred by Landlord or asserted against Landlord by any third Person in connection with any violation of the provisions of Section 6.3 hereof, arising out of or attributable to (a) the assets, business, or operations of Tenant at or on the Premises or (b) any acts or omissions of or by Union Oil Company of California on the Premises prior to March 31, 1993, which, were said Union Oil Company of California a party hereto, would constitute a material violation of Section 6.3 hereof.
6.5 Without in any way limiting the scope of Tenant's obligations under the indemnification provisions of Section 6.4 hereof, Tenant shall be responsible for all investigations, studies, cleanup, corrective action or response or remedial action required by any local, state or federal governmental agency now or hereafter authorized to regulate environmental matters or by any consent decree, or court or administrative order now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required or by Legal Requirements any Law now or hereafter in effect.
6.6 As between Landlord and Tenant, Tenant shall have the responsibility and right to manage and control all investigations and any environmental cleanup, remediation, or related to Tenant's use activities, and may negotiate with and fulfill any requirements or occupation claims made by a governmental entity or third party, and may settle or contest such requirements or third-party claims.
6.7 Tenant hereby accepts the Premises in its condition existing as of the premises. Tenant will not Effective Date, subject to all applicable Laws governing and regulating the use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, and all recorded easements, covenants, conditions, restrictions and other matters of record (including, without limitation, the Geothermal Lease), and Tenant accepts this Lease subject thereto. Tenant acknowledges that it has satisfied itself by its own independent investigation that the Premises are suitable for its intended use, and that neither Landlord nor Landlord's agents or because Tenant vacates employees has made any representation or warranty as to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation present or future suitability of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations conduct of Tenant under this LeaseTenant's business.
Appears in 1 contract
Sources: Ground Lease (Ce Generation LLC)
Use. The Premises shall be used only for 6.1 During the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentTerm, Tenant may also use the Premises for light manufacturingthe erection, operation and maintenance of a Communications Facility (the “Permitted Use”). Tenant may make improvements, alterations and modifications to the Premises as are deemed appropriate by Tenant consistent with the Permitted Use, including the right to clear the Premises of any trees, vegetation, undergrowth or other obstructions which, in Tenant’s sole opinion, interferes with the Permitted Use. Tenant shall not conduct have the exclusive right to install upon the Tower Compound communications towers, buildings, equipment, antennas, dishes, fencing, and other accessories related thereto, and to alter, supplement, and/or modify same as may be necessary or give notice desirable in Tenant’s sole judgment, but subject to compliance with all applicable laws, statutes, rules and regulations of any auctionjurisdictions. Provided, liquidationhowever, that no tower can exceed 150 feet in height inclusive of any attachments or appurtenances thereto.
6.2 During the Term, Landlord further grants Tenant (i) the right on the Property to clear trees, undergrowth or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which in either case may interfere with or fall upon the Communications Facility or the Premises; (ii) a non-exclusive easement in, over, across and through the Property and other adjoining real property owned by Landlord as reasonably required for the construction, installation, maintenance, and operation of the Communications Facility and the access thereto.
6.3 Landlord acknowledges that Tenant is in the business of subleasing all or portions of the Tower Compound and the Communications Facility to its tenants, licensees or customers pursuant to separately negotiated subleases or licenses entered into between Tenant and such tenant, licensee or customer. Tenant may enter into any sublease or license without the consent of Landlord, provided that, notwithstanding the terms of that certain sublease or license, Tenant shall remain liable for all of the terms and conditions of this Lease and Tenant shall fulfill each covenant contained herein. Tenant shall remain liable for and hereby indemnifies and shall protect and defend Landlord from and against all costs, damages or liability (including reasonable attorneys’ fees) resulting from any act or omission of such subtenant or licensee to the extent such act or omission is permitted by Tenant but is contrary to or inconsistent with the terms of this Lease.
6.4 Tenant and its customers, lessees, licensees, employees, agents, invitees, contractors, successors and assigns shall have the unrestricted and free non-exclusive access to the Premises 7 days a week, 24 hours a day. Tenant shall have the exclusive right to sublease or grant licenses to use the Communications Facility or portions thereof, but no such sublease or license shall relieve or release Tenant from its obligations under this Lease. If at any time during the term of this Lease, the Federal Aviation Administration, Federal Communications Commission or other governmental agency changes, amends or modifies its regulations and requirements, issues new regulations or requirements, or going out otherwise takes any action, the result of business sale on the Premises. Tenant will which reasonably inhibits Tenant’s use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject any portion of the Communications Facility for the Permitted Use, or if technological changes render the Permitted Use of the Premises to use obsolete or impractical, or if Tenant otherwise determines, in its sole and absolute discretion, with or without cause, that would damage the Premises. Premises is no longer suitable or desirable for the Permitted Use, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations have the right to emanate from terminate this Lease upon written notice to Landlord and effective on the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants earlier of the Projectdate set forth in the notice of termination or 30 days after the date of deemed receipt of such notice by Landlord.
6.5 Landlord hereby authorizes Tenant and its employees, representatives, agents and consultants to prepare, execute, submit, file and present on behalf of Landlord building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits consistent with the Permitted Use. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. At no additional cost to Tenant, at its sole expenseLandlord shall cooperate, shall use and occupy the Premises with Tenant in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directivesany effort by Tenant to obtain certificates, permits, licenseslicenses and other approvals that may be required by any governmental authorities and agrees to execute any necessary applications, covenants consents or other documents as may be reasonably necessary for Tenant to apply for and restrictions now obtain the proper zoning approvals required to use and maintain the Premises and the Communications Facility; however, Landlord cannot control the discretion and decisions of such appointed boards. Landlord shall not do or hereafter applicable permit anything that will interfere with or negate any special use permit or approval pertaining to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or cause any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation portion of the premises. Tenant will not use or permit Communications Facility located on the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurancenonconformance with applicable local, increase the insurance riskstate, or cause federal laws.
6.6 It is intended that the disallowance legal description of the Premises accurately reflect an “as-built” survey of the location of the Tower Compound, the communications tower located thereon, and the Access and Utility Easement. Accordingly the parties agree that, if any sprinkler credits. If any increase in part of such tower, buildings, roadways, utilities, guy wires or anchors related to the cost of any insurance Communications Facility located on the Premises or is located beyond the Project is caused by Tenant's use or occupation legal description of the Premises, or because Tenant vacates the Premises, then Tenant shall pay Lease is hereby amended to provide that the amount Premises includes the existing location of any such increase to Landlord. Any occupation improvements as part of the Premises by Tenant prior demised in the Lease to the Commencement Date extent that such improvements are located on real property owned by Landlord, and Exhibit 2 and Exhibit 3 to this Lease shall be subject modified to all obligations reflect the “as-built” locations of Tenant under this Leasethe Tower Compound and the Access and Utility Easement.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises 7.1 Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will general office purposes and for use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderproduction/post-production and television broadcast facility, and all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will purposes incident thereto and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Tenant shall not use or occupy the Premises in violation of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) days’ written notice from Landlord, Tenant shall discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any such recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of said Certificate of Occupancy. Except as otherwise provided in Paragraph 57 hereof, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building to the extent such facilities exist on the date of this Lease, provided that in all events Tenant shall operate its telecommunication equipment and facilities in and on the Building in compliance with all Applicable Laws. Landlord agrees to use its commercially reasonable efforts to cause other tenants of the Building not to interfere with Tenant’s telecommunication equipment and facilities located on or in the Building. Tenant shall comply with any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance direction of any sprinkler creditsgovernmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any fire, extended coverage or any other insurance policy covering the Site, the Building, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, Tenant shall promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 7. Tenant shall not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure them, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Site, the Building and/or the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events.
7.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in amounts commensurate with Tenant’s permitted use and occupancy of the Premises, and except in connection with the use of the Generator pursuant to Paragraph 56 below, Tenant shall not use, introduce to the Site, the Building and/or the Premises, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall keep and maintain the Premises in compliance with, and shall not cause the Premises to be in violation of, any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises (“Environmental Laws”); provided, however, that (a) Landlord represents and warrants to Tenant that, upon the Delivery Date, there shall be no Hazardous Materials actually existing and present at the Building or the Site or within the Premises as of the Lease Commencement Date in concentrations which present a known health hazard or require remediation or other action pursuant to any Environmental Law, and (b) in no event shall Tenant be responsible for the investigation, cleanup, detoxification or other ameliorative work of any Hazardous Materials in, on or about the Site, the Building and/or the Premises, except to the extent arising from Tenant’s use thereof in violation of Environmental Laws. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the Project is migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations.
(a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any and all claims arising from Tenant’s use of the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of Paragraph 7.2 above. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation, (i) all foreseeable consequential damages including without limitation loss of rental income and diminution in property value; and (ii) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including without limitation all costs of monitoring and all fees and expenses of consultants and experts retained by and of the Landlord Parties. This indemnity shall survive the expiration or termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party.
(b) Landlord shall indemnify and hold harmless Tenant, its directors, officers, employees, agents, successors and assigns (collectively, “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from or relating to Hazardous Materials actually existing and present at the Building or the Site or within the Premises (i) as of the Lease Commencement Date, or (ii) not caused by Tenant's use , its employees, agents or occupation contractors. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the PremisesTenant Parties for any such claim or any action or proceeding brought thereon including the cost of any clean up, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof and including, without limitation, all fees and expenses of consultants and experts retained by any of the Tenant Parties. This indemnity shall survive the expiration or termination of this Lease. Any action or proceeding brought against Tenant Parties by reason of any such claim, upon notice from such Tenant Party, if such Tenant Party does not elect to retain separate counsel, Landlord shall defend the same at Landlord’s expense by counsel reasonably satisfactory to such Tenant Party.
(c) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or because Tenant vacates any other governmental agency now or hereafter authorized to regulate materials and substances in the Premises, then Tenant shall pay environment. Without limiting the amount of such increase to Landlord. Any occupation generality of the Premises by Tenant prior to foregoing, the Commencement Date term “Hazardous Material” shall include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall be subject amended from time to all obligations time, petroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of Tenant petroleum or petroleum-related substances, asbestos, and any other materials requiring remediation now or in the future under this Leasefederal, state or local statutes, ordinances, regulations or policies.
Appears in 1 contract
Sources: Office Lease (Current Media, Inc.)
Use. The Premises shall Tenant alliances and agrees not to use or allow such awards to be used only for illegal purposes, or to use, allow or subdue the purpose same to be used by any other person or person in any noisy, dangerous, offensive, illegal or improper manner. The tenant should not make or allow any disturbing noise or make or allow any act that creates a public or private disorder or which will interfere unreasonably with the rights, quiet enjoyment, comfort, or convenience of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use tenants or lords of the Premises for light manufacturingearth. Tenant shall not conduct or give notice Lieutenantvolume of any auctionradio, liquidationtelevision or stereo in the premises sufficiently reduced at all times so as not to disturb other tenants in the building. Moreover, the tenant will be cognitive of the construction of the structure and will stretch from dances or similar within premises. 13. the tenant, at the end of this lease, will yield the prizes and all the equipment and equipment of the landlord in it in good, clean and operating conditions, our ordinary and accepted tear. the tenant must, at the time of vacating the premises, clean local sayings including stove and refrigerator and remove the basket from premises. a “Move-out/Cleaning tips Checklist” will be provided to tenant within 30 days of the written notice-list or not less than two weeks before the termination of this contract. if such cleaning and removal of waste as indicated by “Move-out Checklist” is not carried out by tenant, a standard cleaning fee will be assessed at tenant of $175.00 14. holdings with the right. pollution further alliances and agrees as follows: to comply with sections 800, 802 and 803 or any other section of the columbia housing regulations district as amended, or going out successors to it; to maintain clean and sanitary premises as required by law; to dispose of business sale on all waste, waste and other organic or flammable waste from the Premises. Tenant will use the Premises premises in a carefulclean, safe and proper manner sanitary way; to maintain all hydraulic devices properly allow to use gas as clean conditions and will theand heating and appliances; and not commit wasteto allow any person on premises to destroy, overload the floor dispose, damage or structure remove any part of the Premises structure or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable housing units or unpleasant odorsstructures, smoke, dust, gas, noiseequipment, or vibrations to emanate from the Premisesappurtenances thereto, or take any himself do anything like that. Any quotation directed at Inquilino by the District of Columbia government for violations of health regulations, fire or home is considered a first-faith proof of Tenant's violation of such provisions. Toilets, waste disposal, and other action that would constitute a nuisance or would disturbcleaning and hygiene equipment should not be used for purposes other than those for which they are designed. No garbage, unreasonably interfere withmatches, rags, ashes, diapers (including "disposable" diapers), or endanger Landlord or other improper items will be thrown there. The cost of repairing any tenants damage resulting from improper use of the Projectsame must be borne by the tenant. Outside storage15. OTHERS AND DECLARATION The tenant does not change, including without limitationnor changes to the Prizes or decorates or paints the Awards, storage of trucks and other vehiclesstructure, is prohibited equipment or appliances without Landlord's prior written consent. TenantAll these changes, at its sole expensei.e. any wall-mounted element, shall use and occupy the Premises door and/or floor must become property of Landlord unless expressly accepted in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")writing otherwise. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease16.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises (a) Tenant shall construct and operate an indoor swimming facility together with associated parking and landscaping on the Property as shown on the attached Exhibit B and described in the attached Exhibit C (collectively, the “Facilities”). Tenant shall make the 7646548.2 Facilities available to Landlord for Landlord’s use as described in Exhibit D (“Landlord’s Use”). Tenant’s construction and operation of the Facilities is the sole and exclusive permitted use of the Property by Tenant (the “Permitted Use”). Tenant shall operate the Facilities in strict compliance with all applicable laws and regulations. No alcoholic beverages shall be used only for permitted on the purpose of receiving, storing, shipping Property without Landlord’s prior written approval.
(b) Landlord and selling Tenant acknowledge that Tenant shall be required to obtain certain land use approvals from New Castle County (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes governmental authorities as may be incidental theretorequired) prior to construction of the Facilities (collectively, the “Approvals”). Landlord shall have a right of approval over the Approvals, it being understood that the Approvals shall be in general conformance with Exhibits B and C. Landlord shall reasonably cooperate with Tenant in obtaining the Approvals at no cost or expense to Landlord. Tenant shall diligently pursue obtaining all Approvals; however, in the event that all Approvals are not obtained with 36 months from the Effective Date for any reason whatsoever, or in the event that Tenant has obtained the Approvals but has not commenced construction within the foregoing 36 month period, Landlord may, upon sixty (60) days’ written notice, terminate this Lease, and upon expiration of the foregoing sixty (60) day period, this Lease shall terminate and neither party shall have any further liability to the other hereunder, except as may be expressly set forth herein; provided, howeverfurther, with Landlord's prior written consent, Tenant may also use that the Premises for light manufacturing. Tenant Security Deposit shall not conduct or give notice be retained by District as part of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetermination.
Appears in 1 contract
Sources: Ground Lease Agreement
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingmanufacturing including an electroplating process provided such process emits no unreasonably noxious fumes or odors. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premiseswaste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, -2- <PAGE> without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited specifically excluding retail selling to wholesale salescustomers at the Premises) products, materials and merchandise made and/or distributed by Tenant (including without limitation e-commerce consumer products), along with freight forwarding and related administrative uses, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's Landlords prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Except for Landlord’s obligations in connection with the delivery of the Premises set forth in the Addendum 5 Work Letter, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises; provided, however, Tenant shall only be required to make structural changes to the Premises to the extent such changes are required due to Tenant-Made Alterations, racking or fixturing or Tenant’s particular use of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, other than the payment of rent for the portion of the Initial Improvements not Substantially Completed.
Appears in 1 contract
Sources: Lease Agreement (TheRealReal, Inc.)
Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental theretoPermitted Use; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that that, in Landlord’s reasonable discretion, with consideration given to the nature of Tenant’s Permitted Use and the Extended Project (as hereinafter defined), would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Extended Project (as hereinafter defined). Landlord acknowledges and agrees that steam or noise may emanate from the Premises as a result of Tenant’s Permitted Use. Such steam or noise shall not constitute a violation of this Lease provided Tenant complies with all applicable laws, ordinances and regulations and does not unreasonably interfere with or endanger any tenants of the Extended Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. ; provided however, Tenant shall be permitted to store raw materials, shipping containers, truck trailers and similar items used in the ordinary course of Tenant’s business on a temporary basis not to exceed five (5) days in the rear (West side) of the Building provided Tenant complies with all applicable laws, ordinances and regulations applicable to such storage.
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). Landlord has entered into certain restrictions, easements and other agreements between the Project and the adjacent projects known as Park ▇▇▇▇▇▇ I and Park ▇▇▇▇▇▇ III (the “REA”), and Landlord has, prior to the parties’ execution hereof, provided Tenant with full and complete copies of such REA. Park ▇▇▇▇▇▇ I, Park ▇▇▇▇▇▇ III and the Project are hereinafter referred to as the “Extended Project.” Tenant agrees to comply with all terms and conditions of the REA. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project, subject to such reasonable rules and regulations as Landlord may promulgate from time to time.
Appears in 1 contract
Use. Tenant shall continuously occupy and use the Premises only for --- general office use (the "Permitted Use") and shall comply with all laws, orders, rules, and regulations relating to the use, condition, access to, and occupancy of the Premises. The Premises shall not be used only for any use which is disreputable or creates extraordinary fire hazards. Without the Landlord's written consent, the Premises shall not be used for any use which results in an increased rate of insurance on the Building or its contents, or for the purpose storage of receivingany hazardous materials or substances, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlordthat Landlord acknowledges that standard office and/or janitorial supplies will be used in the ordinary course of Tenant's prior written consent, business. Tenant may also use agrees that the quantities of the referenced materials located in the Premises shall not exceed the amount reasonably necessary for light manufacturingTenant to conduct business in the ordinary course. Tenant further agrees to indemnify the Landlord from and against any and all damages and liabilities of any type incurred by the Landlord or the Building as a result of such use by Tenant. If, because of Tenant's acts, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall conduct its business and control its agents, employees, and invitees in such a manner as not conduct to create any nuisance or give notice of any auction, liquidation, unreasonably interfere with other tenants or going out of business sale on the Premises. Tenant will use the Premises Landlord in a careful, safe and proper manner and will not commit waste, overload the floor or structure its management of the Premises Building. Tenant, at its sole expense, shall comply with all laws (including, without limitation, any and all environmental rules, regulations and requirements, and all laws regarding access for handicapped or subject the Premises disabled persons), ordinances and regulations, and all declarations, covenants, and restrictions, applicable to Tenant's use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from occupation of the Premises, and with all governmental orders and directives of public officers which impose any duty or take any other action that would constitute a nuisance restriction with respect to the use or would disturb, unreasonably interfere with, or endanger Landlord or any tenants occupation of the ProjectPremises. Outside storage, including including, without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, No use shall use and occupy be made of the Premises in compliance with all laws, including, without limitation, that would constitute the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used Building as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. time (the "ADA"); and Tenant shallshall cause the Premises (and, at its expense, make any alterations or modifications, within or without to the extent required by improvements to the Premises, that are required by Legal Requirements related the Building) to Tenant's use or occupation of comply with the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseADA.
Appears in 1 contract
Use. The Subtenant's use of the Subleased Premises shall be used only for strictly --- in accordance with the purpose use and all other provisions of receiving, storing, shipping and selling (but limited the Lease. Subtenant shall make no alterations or changes to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlordthe Subleased Premises of any kind or nature without Sublandlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which consent shall not conduct be unreasonably withheld or give notice delayed with respect to nonstructural alterations which will not affect the outside of the Building or adversely affect the Building's structure, electrical, HVAC, plumbing or mechanical systems. It is agreed that it will be reasonable for Sublandlord to withhold its consent to any auctionsuch alterations if Subtenant has been unable to obtain the Landlord's consent to such alterations. In addition, liquidationSublandlord's consent may be conditioned upon all of the same things that Landlord's consent may be conditioned upon pursuant to the provisions of the Lease and upon Subtenant complying with all of the provisions of Article "13" of the Lease. Without limiting the generality of the foregoing, wherever Landlord's consent or approval is required, or going out wherever information, documentation, sums of business sale on the Premises. Tenant will use the Premises in a carefulmoney, safe and proper manner and will not commit wasteor other items are required to be delivered to Landlord, overload the floor or structure pursuant to Article "13" of the Premises or subject Lease, Sublandlord's consent and approval, shall also be required and Subtenant shall also be required to make all such deliveries to Sublandlord. Sublandlord hereby consents, in concept, to the Premises to use installation by Subtenant of an Internet Working Lab provided, however, that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants Subtenant complies with all of the Project. Outside storageterms, including without limitation, storage covenants and conditions of trucks the Lease and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises this Sublease in compliance connection with all laws, such installation (including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation any requirement under the Americans With Disabilities Act Lease to remove said Internet Working Lab from the Subleased Premises on or similar state statutes about the expiration or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation sooner termination of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease).
Appears in 1 contract
Sources: Sublease Agreement (Greenwich Technology Partners Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Lessee shall use and occupy the Premises in compliance with all laws, including, without limitation, only for the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Agreed Use (collectively, "Legal Requirements"which may include distribution of alcoholic beverages for off-site consumption). The Premises may be used for other legal uses which are reasonably comparable thereto, subject to Lessee obtaining Lessor's prior written consent, which shall not be used unreasonably withheld. Lessor consents to the following additional use, provided that Lessee does not seek any required permits or licenses therefor until Lessor has first obtained the conditional use permit and necessary building permits to allow Lessor to construct the Premises in the manner described in the Work Letter attached as Exhibit B: to the extent legally necessary to enable Lessee to sell off-site distribution alcoholic beverages as part of its retail home grocery distribution business, Lessee may operate an on-site store for the retail sale of alcoholic beverages for off-site consumption, of a place size and capacity not larger than the minimum reasonably necessary, in the opinion of public accommodation under Lessee's counsel, to qualify for the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all license needed for the sale of off-site delivery of alcoholic beverages as may be amended from time to timepart of Lessee's home grocery retail sale and distribution business. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will Lessee shall not use or permit the use of the Premises to be used for any purpose or in any a manner that would void Tenant's or Landlords's insurance, increase the insurance riskis unlawful, or cause creates damage, waste or a nuisance. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the disallowance Agreed Use, so long as the same will not impair the structural integrity of any sprinkler credits. If any increase in the cost of any insurance improvements on the Premises or the Project mechanical or electrical systems therein, and is caused by Tenant's use or occupation of not significantly more burdensome to the Premises. If Lessor elects to withhold consent, or because Tenant vacates the PremisesLessor shall within ten (10) business days after such request give written notification of same, then Tenant which notice shall pay the amount include an explanation of such increase to Landlord. Any occupation of the Premises by Tenant prior Lessor's objections to the Commencement Date shall be subject to all obligations of Tenant under this Leasechange in use.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Homegrocer Com Inc)
Use. The Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant uses set out in the Basic Lease Information and for such no other lawful purposes as may purpose without prior written approval of Landlord, which approval shall not be incidental theretounreasonably withheld, delayed or conditioned. In connection with its use of the Premises and after commencement of the Lease, Tenant shall, at Tenant's expense, comply with all applicable laws, ordinances, and regulations of any public authority, including, but not limited to, those requiring alterations of the Premises because of Tenant's specific use; providedshall create no nuisance nor allow any objectionable liquid, howeverodor, with or noise to be emitted from the Premises, shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's prior written consentfire insurance rates for the Premises, unless Tenant may also pays the increased cost thereof. Landlord hereby confirms that Tenant's use the Premises for light manufacturingas described in this Lease conforms with all rules and regulations. Tenant shall not conduct store, use or give notice of any auction, liquidationdeposit, or going out of business sale cause to be stored, used or deposited, on the Premises. Tenant will use Premises or anywhere in the Premises Building, any environmentally hazardous or potentially environmental hazardous materials or substance, except those ordinarily used in a carefuloffices, safe and proper manner in accordance with all applicable laws, rules, regulations, etc., and will shall not commit waste, overload the floor floors or structure electrical circuits of the Premises or subject the Premises Building. Landlord shall have the right to use that would damage the Premises. Tenant shall approve, such approval not permit any objectionable to be unreasonably withheld, delayed or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationconditioned, the Americans With Disabilities Actinstallation of any power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical installations, ordersan architect or engineer whose opinion will control regarding floor loads, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable a certified industrial hygienist to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises evaluate materials to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase stored in the cost of any insurance Building or on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Industrial Lease (Convera Corp)
Use. The Tenant shall use and occupy the Premises shall be used only for the purposes set forth in Section 1.6, or any other use which is comparable thereto. Landlord hereby agrees to not unreasonably withhold or delay its consent to any written request by Tenant, Tenant's assignees or subtenants, and by prospective assignees and subtenants of the Tenant, its assignees and subtenants, for a modification of said permitted purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as which the premises may be incidental thereto; providedused or occupied, however, with Landlord's prior written consent, Tenant may also use so long as the Premises for light manufacturing. Tenant shall same will not conduct or give notice impair the structural integrity of any auction, liquidation, or going out of business sale the improvements on the Premises, the mechanical or electrical systems therein, is not significantly more burdensome to the Premises and the improvements thereon, shall not cause a material diminution of the value of the Premises, and is otherwise permissible pursuant to this Paragraph 6. If Landlord elects to withhold such consent, Landlord shall within five (5) business days give a written notification of same, which notice shall include an explanation of Landlord's reasonable objections to the change in use. Tenant covenants and agrees that it will use use, maintain and occupy the Premises in a careful, safe and proper manner lawful manner. Subject to and will as provided in Section 6.3, Tenant shall not commit waste, overload the floor or structure of (i) allow the Premises or subject the Premises use thereof to use that would damage violate any ordinance, statute, order or regulation of any governmental authority, including but not limited to those governing zoning, health, safety, occupational hazards, pollution and environmental control; (ii) maintain or permit any nuisance to occur on the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from ; (iii) use the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit allow the Premises to be used used, for any purpose or in any manner that which would void Tenant's invalidate any policy or Landlords's insurance, increase insurance of Tenant now or hereafter carried on the insurance riskPremises; (iv) commit or permit waste thereon; (v) use the Premises, or cause allow the disallowance Premises to be used, in violation of any sprinkler creditsrestrictive covenant applicable thereto; or (vi) use the Premises in any manner or store anything in or upon the Premises which shall result in a greater hazard than the occupancy originally contemplated under this Lease. If It is acknowledged that, as a part of its business, Tenant intends to store liquid oxygen, cleaning solvents and other flammable materials on the Premises and that Tenant also handles and disposes of medical waste products. Tenant hereby covenants and agrees that it will (i) fully disclose to its various insurance carriers all of the potentially hazardous aspects of its operations, (ii) store, handle and dispose of all flammable, toxic, and hazardous materials, including without limitation, medical waste, in accordance with all applicable statutes, laws, ordinances, codes, rules and regulations and in accordance with prudent practices, (iii) not allow any increase in the cost escape, spill or improper disposal of any insurance hazardous substance or medical waste on the Premises or the Project is caused by Tenant's use any part thereof, (iv) obtain, prior to commencement of operations, all necessary governmental, administrative and regulatory permits, licenses and approvals and (v) notify Landlord promptly of any escape, spill or occupation improper disposal of the Premises, any hazardous substance or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of medical waste on the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasewhich violates any applicable law, statute, ordinance, code rule or regulation.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also conduct of Tenant’s permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Site. Tenant shall not perform any manner that would void Tenant's work or Landlords's insurance, conduct any business whatsoever in the Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on policy(ies) covering the Premises Building, the Site and or the Project is caused by Tenant's their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the amount Building and/or Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of such increase to Landlord. Any occupation of any periodic or special dues or assessments charged against the Premises by or Tenant prior which may be allocated to the Commencement Date Premises or Tenant in accordance with the provisions thereof. Tenant shall be subject promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to all obligations comply with the provisions of Tenant under this LeaseSection, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Lease (Mirion Technologies, Inc.)
Use. A. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, purpose. Tenant may also agrees not to use or permit the use of the Premises for light manufacturing. Tenant shall not conduct any purpose which is illegal or give notice dangerous, which creates a nuisance or which would increase the cost of any auction, liquidation, or going out of business sale on insurance coverage with respect to the PremisesBuilding. Tenant will use conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or disturb other tenants or Landlord in the management of the Property. Tenant will maintain the Premises in a carefulclean and healthful condition, safe and proper manner comply with all laws, ordinances, orders, rules and will not commit wasteregulations of any governmental entity with reference to the use, overload the floor condition, configuration or structure occupancy of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not, and shall not permit allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any objectionable dangerous or unpleasant odorshazardous materials, smokeexcept for customary office and cleaning supplies, dustprovided Tenant uses, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants stores and disposes of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentsame in compliance with all applicable law. Tenant, at its sole expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and uniformly enforced against all tenants at the Property, and Tenant will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall use be sent by Landlord to Tenant in writing, will not diminish Tenant’s rights under this Lease, and occupy will not prohibit Tenant from conducting its business for the Premises uses permitted by this Lease in compliance with all laws, including, without limitationa commercially reasonable manner. In the event of a conflict between the rules and regulations and the terms of this Lease, the Americans With Disabilities Actterms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in a discriminatory manner.
B. Tenant represents, orders, judgments, ordinances, regulations, codes, directives, permits, licenseswarrants, covenants and restrictions now agrees that, except as otherwise provided herein, Tenant and its employees, agents, contractors and/or invitees (i) will not (a) use, introduce or hereafter applicable to the Premises maintain any hazardous or toxic chemical, material, substance or waste (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation “Hazardous Materials”) in, on, under the Americans With Disabilities Act or similar state statutes or local ordinances or about any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation portion of the premises. Tenant will not use Premises or permit the Premises to be used for Building or (b) conduct any purpose activity or activities in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused Building involving, directly or indirectly, the use, generation, treatment, storage, disposal or release of any Hazardous Materials and (ii) shall not be, nor permit the Premises to be, in violation of any applicable local, state or federal environmental laws, statutes or ordinances (or the rules and regulations promulgated thereunder) (“Environmental Laws”); provided that Tenant may use customary office and cleaning supplies and the lab set forth above (including a few small tanks of inert gases for use with some of Tenant’s equipment) in the definition of Permitted Use so long as the same are used, stored and disposed of in compliance with, and in quantities not reportable under, all applicable Environmental Laws. Tenant indemnifies Landlord and its lenders and shall hold them harmless from and against any and all loss, cost, damage, liability and expense arising in connection with any breach by Tenant's use or occupation Tenant of any of the Premisesrepresentations, warranties, covenants and agreements set forth herein. The provisions of this paragraph shall survive the expiration or because Tenant vacates earlier termination of the PremisesLease.
C. Notwithstanding anything to the contrary set forth above, then Tenant shall pay have no liability for any Hazardous Materials located on the amount of such increase to Landlord. Any occupation of Property which existed in the Premises on the date of Tenant’s possession thereof unless the same were introduced by Tenant prior to the Commencement Date or any of its officers, directors, employees, managers, agents, invitees or contractors. Landlord shall be subject to all obligations responsible for removing any Hazardous Materials located on or in the Premises in violation of Environmental Laws on the date of Tenant’s possession thereof unless the same were introduced by Tenant under this Leaseor any of its officers, directors, employees, managers, agents, invitees or contractors.
Appears in 1 contract
Sources: Office Lease Agreement (Lpath, Inc)
Use. Licensee’s use of the Licensed Premises is strictly limited to a research and development laboratory, related office and related uses consistent with the character of the Project. Licensee shall not make any alterations, additions, or improvements to the Licensed Premises of any kind whatsoever. Notwithstanding the foregoing, Licensee may make minor alterations with Licensor’s consent, which may be given or withheld in Licensor’s sole discretion if any such minor alteration affects the Building structure or any Building system serving the Licensed Premises and other portions of the Project (“Building Systems”) and shall not be otherwise unreasonably withheld, conditioned or delayed. If Licensor so elects, Licensee shall remove such alteration, addition or improvement upon the expiration or earlier termination of this Agreement and restore any damage caused by or occasioned as a result of such removal, including, when removing any of Licensee’s property that was plumbed, wired or otherwise connected to any of the Building Systems, capping off all such connections behind the walls of the Licensed Premises and repairing any holes. Licensor acknowledges that Licensee may desire to install a MilliQ water purification system with a tap water connection and to make electrical modifications in the Licensed Premises for its LC-MS systems. The Licensed Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Project (collectively, "“Legal Requirements"”). The Licensor hereby reserves the right to enter the Licensed Premises upon reasonable prior written notice to Licensee (of not less than 48 hours, except in the case of an emergency in which case no notice shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used required) for any purpose Licensor deems to be necessary or appropriate in any manner that would void Tenant's connection with the maintenance, repair, operation, sale or Landlords's insurance, increase leasing of the insurance risk, or cause Project. Such advance notice shall include the disallowance identity of any sprinkler creditsthird parties that will be entering the Licensed Premises. If any increase Licensor shall use commercially reasonable efforts to minimize interference with Licensee’s operations in the cost Licensed Premises in connection with the performance of any insurance on planned repairs, alterations or improvements. Licensee shall at all times, except in the Premises case of emergencies, have the right to escort Licensor or its employees, agents, representatives, contractors or guests while the Project is same are in the Licensed Premises, provided such escort does not materially and adversely affect Licensor’s access rights hereunder. Licensor shall use reasonable efforts to comply with Licensee’s written protocol with respect to entering restricted portions of the Licensed Premises; provided, however, that a copy of the same has previously been provided to Licensor. At the expiration or earlier termination of the Term, Licensee shall remove all of Licensee’s personal property from the Licensed Premises, and Licensee shall restore and repair any damage caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount occasioned as a result of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseremoval.
Appears in 1 contract
Use. The Premises shall may be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or and or distributed by Tenant and for such other lawful purposes as in accordance with the applicable zoning requirements and ordinances. Notwithstanding the foregoing, Tenant may use the premises for limited and occasional retail purposes provided (a) such use may not violate any applicable laws, zoning ordinances or other rules or regulations and (b) Tenant must be incidental thereto; providedthe only tenant in the Building. If there is ever another tenant in the Building, howeverretail use of any type must be approved in writing by Landlord using commercially reasonable judgment. Outside storage, with including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, provided Tenant may also use park trucks, trailers, and other vehicles in the truck court or other areas designated by Landlord for trailer storage, subject to the fooling requirements: (i) all trucks, trailers and other vehicles shall be parked in an organized manner with a neat appearance; (ii) no vehicle shall remain parked at the Premises for light manufacturing. more than one week; (iii) Tenant shall comply with all applicable rules, regulations and laws, including all local zoning ordinances that relate to the parking of vehicles at the Premises; (iv) Tenant shall not conduct permit the parking of vehicles, trucks or give notice trailers on any streets or access routes to the Premises; and (v) Tenant shall comply with the reasonable rules and regulations of any auction, liquidation, or going out of business sale on Landlord relating to parking and ingress and egress to the Premises. Tenant will use shall at its own cost and expense obtain any and all licenses and permits necessary for Tenant's operations. Tenant shall, at Tenant's sole expense, promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises in a careful, safe and proper manner and will not commit waste, overload the floor related to Tenant's use or structure of the Premises or subject the Premises to use that would damage the Premisesoccupancy thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, nor allow pests or vermin in the Premises nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the ProjectProject or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premiseshighly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlords's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in Upon obtaining actual knowledge, Tenant shall immediately notify Landlord of the cost presence of any insurance prohibited items on the Premises or the Project is caused by Tenant's use or occupation of around the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of manufacturing, receiving, storing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant Tenant, and for such other lawful purposes as may be incidental thereto; provided, howeverincluding without limitation, with office purposes. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided however, Tenant may also use that, notwithstanding the Premises for light manufacturing. foregoing: Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale have the right to park trucks and trailers at the designated dock doors on the Premises. Tenant will shall at its own cost and expense obtain any and all licenses and .permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant in or subject the Premises to use that would damage upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the ProjectBuilding or unreasonably interfere with the use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior ’s written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable, except for such items which are customarily used in Tenant’s business operations and are used in compliance with applicable laws and insurance requirements binding upon Tenant. Tenant, at its sole cost and expense, shall comply with all fire codes, laws and ordinances related to the use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place occupancy of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlords's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in Tenant shall abide by the cost rules and regulations attached hereto as Exhibit “C”, as reasonably amended from time to time by Landlord (after reasonable notice of any insurance on the Premises or the Project such amendment is caused provided by Landlord to Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease).
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. The Premises shall be used only for the purpose of printing of and receiving, storing, shipping shipping, distributing and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other incidental lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinguses. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business public sale on at the Premises. Tenant will , use the Premises in as a carefulplace of public accommodation under the Americans With Disabilities Act or any other Legal Requirements, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage permit any nuisance at the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all federal, state, and local laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all make such modifications as may be amended from time required in order to timebring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.- 2 -
Appears in 1 contract
Sources: Net Lease (DallasNews Corp)
Use. The Premises 5.1 Lessee (and its permitted assignees and subtenants) shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for light manufacturinggeneral business, administrative, sales, service, and product development, not in violation of the protective or restrictive covenants hereinafter referred to, and for no other purpose without the prior written consent of Lessor. Tenant Lessee shall operate its business in the Premises during the entire Lease Term and in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not conduct or give notice of any auctionpermit, liquidationcreate, or going out of business sale on the Premises. Tenant will use the Premises in a carefulmaintain any disorderly conduct, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gastrespass, noise, or nuisance whatsoever about the Premises which has a tendency to 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 a 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 not create, permit, or take any other action that would constitute maintain a nuisance or would disturbthereon, unreasonably interfere with, or endanger Landlord or and shall not do any tenants act tending to injure the reputation of the Project. Outside storage, including without limitation, storage Building.
5.3 Lessee shall cause all loading and unloading of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now any goods or hereafter applicable materials delivered to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended sent from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase done only in the cost loading dock area of any insurance on the Premises or the Project or, if no loading dock area is caused by Tenant's use or occupation of the Premises, or because Tenant vacates located at the Premises, then Tenant shall pay at the amount of such increase to Landlord. Any occupation loading dock area of the Building or such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or materials delivered to or sent from the Premises by Tenant prior to be stored on, accumulate on or obstruct the Commencement Date loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of the Building or the Property. Lessee acknowledges that violations of this Paragraph 5.3 shall be subject to all obligations constitute a material breach of Tenant under this Lease.
5.4 Lessee shall not perform or permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout cleaning, or 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 reportable quantities as defined and required by Federal or State Laws.
Appears in 1 contract
Sources: Sublease (Towne Services Inc)
Use. The Premises Promises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use --- purpose without the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building: Tenant shall conduct its business and control its agent; servant; contractors, employee; customers, Licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way unreasonably interfere with Landlord in the management arid operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, Orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, at its sole expensecost and expense (except to the extent properly included in Basic Costs), shall use be responsible for correcting any violations of Title III of the Americans with Disabilities Act and/or applicable building, fire and occupy safety codes with respect to the Premises and the Common Areas of the Building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that: (i) arise out of the Landlord Work and/or (ii) of necessity, would require alterations to the basic structure of the Building, e.g. the placement of support columns, elevator shafts, exterior watts at public stairs. Notwithstanding the foregoing, Landlord shall ▇▇▇▇ the right to contest any alleged violation in compliance with all lawsgood faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, ordersthe right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now judgments or hereafter applicable rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will make any repairs, additions, alterations or improvements necessary to comply with the notice of violation. Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant's business in the premises (other than general office use), the acts or omission of Tenant, its agents, employees and contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any design or configuration of the Premises (collectively, "Legal Requirements"). The Premises shall specifically requested by Tenant after being informed that such design or configuration may not be used as a place in strict compliance with applicable coda Tenant wilt comply with the rules and regulations of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended Building adopted an▇ ▇▇tered by Landlord from time to timetime and will cause all of its agents, servants, contractors employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant shall, at its expense, make agrees not to commit or allow any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises waste to be used for committed on any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation portion of the Premises, or because Tenant vacates and at the Premisestermination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof. Subject to (i) the terms of this Lease, then (ii) events of Force Majeure and (iii) any reasonable security measures adopted by Landlord, Tenant shall pay have access to the amount of such increase to Landlord. Any occupation of Building and the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetwenty-tour (24) hours a day, 365/6 days per year.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to (the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receivinggeneral office, storingcommercial research and development activities, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any unreasonable and objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projecttenants. Outside storage, including without limitation, storage of inoperable trucks and other vehiclesvehicles not used in Tenant’s daily business operations, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, Premises that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Notwithstanding the aforesaid, Landlord shall be responsible to make any alterations or improvements on the exterior of the Buildings required by Legal Requirements not related to Tenant’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's insurance, Landlord’s insurance or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall are to be used only for general office --- purposes, including but not limited to, use of a portion of the purpose first floor of receivingthe Building, storingto the extent permitted by law or covenant, shipping and selling (but limited to wholesale sales) products, materials and merchandise made as a network and/or distributed by Tenant telecommunications operations center or related use and for no other business or purpose without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall, after written notice, (a) immediately cease the performance of any unlawful act and (b) with respect to acts that will or has increased the existing rate of insurance, Tenant shall either cease such act that is increasing or has increased the existing rate of insurance (and pay for any such increases theretofor charged to Landlord) or shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other lawful purposes action as may be incidental theretonecessary to eliminate the noise or disturbance at its sole cost and expense. Tenant shall not, without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein; provided, however, that such rules and -------- ------- regulations do not conflict with Landlordthis Lease, materially increase Tenant's prior written consentobligations or liability with respect to the Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, Tenant may also use the Premises agrees to --------- be wholly responsible at Tenant's sole cost and expense for light manufacturing. Tenant shall not conduct any accommodations or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject alterations which need to be made to the Premises to use that would damage comply with the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants provisions of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderof 1990, all as may amended (the "ADA"). Landlord will be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation responsible for compliance of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation common areas of the Premises, or because Tenant vacates --- Building as well as the Premises, then Tenant shall pay Building shell (as described in Exhibit E) with the amount provisions of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseADA.
Appears in 1 contract
Use. The Premises shall be used only for the purpose purposes of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, for light manufacturing and assembly, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Converse Inc)
Use. The A. Subject to any restrictions and limitations on use set forth in the Master Lease, Sublessee shall use the Subleased Premises shall be used only for the purpose of receivinggeneral office, storingsales, service, manufacturing, research and development, and shipping and selling (but limited to wholesale sales) productsreceiving only, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant purpose whatsoever.
B. Sublessee shall not conduct use, store, keep, handle, manufacture, transport, release, discharge, emit or give notice dispose of any auctionhazardous material in, liquidationon, under, about, to or going out of business sale on from the Subleased Premises. Tenant will use Without limiting the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure generality of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odorsforegoing, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. TenantSublessee, at its sole expensecost, shall use and occupy the Premises in compliance comply with all lawslaws relating to hazardous materials. Sublessee shall indemnify, includingdefend with counsel reasonably acceptable to Sublessor and hold Sublessor harmless from and against all claims, without limitationactions, suits, proceedings, judgements, losses, costs, personal injuries, damages, liabilities, deficiencies, fines, penalties, damages, attorneys' fees, consultants' fees, investigations, detoxification, remediations, removals, and expenses of every type and nature, to the Americans With Disabilities Actextent caused by the use, ordersstorage, judgmentshandling, ordinancesmanufacture, regulationstransportation, codesrelease, directivesdischarge, permitsemission or disposal of hazardous materials on or about the Subleased Premises or the Building during by Sublessee or its agents, licensesemployees, covenants and restrictions contractors or invitees. For purposes of this Sublease, "hazardous materials" shall mean any material or substance that is now or hereafter applicable prohibited or regulated by any statute, law, rule, regulation or ordinance or that is now or hereafter designated by any governmental authority to be radioactive, toxic, hazardous or otherwise a danger to health, reproduction or the environment. Sublessor shall indemnify, defend with counsel reasonably acceptable to Sublessee and hold Sublessee harmless from and against all claims, actions, suits, proceedings, judgements, losses, costs, personal injuries, damages, liabilities, deficiencies, fines, penalties, damages, attorneys' fees, consultants' fees, investigations, detoxification, remediations, removals, and expenses of every type and nature, to the extent caused by the use, storage, handling, manufacture, transportation, release, discharge, emission or disposal of hazardous materials on or about the Subleased Premises (collectivelyor Building by Sublessor or its agents, "Legal Requirements"). The Premises employees, contractors or invitees.
C. Sublessee shall not do or permit anything to be used as a place done in or about the Subleased Premises which would (i) injure the Subleased Premises; or (ii) vibrate, shake, overload, or impair the efficient operation of public accommodation under the Americans With Disabilities Act Subleased Premises or similar state statutes the sprinkler systems, heating, ventilating or local ordinances air conditioning equipment, or utilities systems located therein. Sublessee shall not store any materials, supplies, finished or unfinished products or articles of any nature outside of the Subleased Premises. Sublessee shall comply with all reasonable rules and regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required time by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseSublessor and Master Lessor.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales and Tenant’s online sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, except for Tenant’s online sales. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises Licensee shall be used only use the Premises: (i) for the agreed upon purpose of receiving, storing, shipping described in Section 3 and selling for no other purpose; (ii) only in accordance with all applicable laws (including but not limited to wholesale salesthe Americans with Disabilities Act, fires codes, food and beverage requirements, liquor laws, and noise ordinances) productsand the Hall Association rules and regulations (a copy of which has been provided to the Licensee); and (iii) in a manner that does not create damages, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; providedwaste, howeveror a nuisance to the Premises or to the Hall Property, with Landlord's or disturb occupants or cause damage to neighboring premises or properties. The Licensee does not have the right to use Hall Association trademarks, copyrights, or branding without the Hall Association’s prior written consentapproval. Events in which minors will be present must have sufficient adult chaperons present. All minors will be supervised by adults at all times. Furnishings and equipment that may have been moved are to be returned to their original location. Food, Tenant may also use drink and open flames / candies, are not allowed in the Premises for light manufacturingLodge Room by any Non-Masonic groups. Tenant shall not conduct ANY EVIDENCE OF THE USE OF OPEN FLAMES OR CANDLES IN THE LODGE ROOM WILL BE GROUNDS FOR FORFEITURE OF ALL DEPOSITS AND GROUNDS FOR NOT RENTING THE FACILITY IN THE FUTURE. Smoking or give notice vaping of any auction, liquidation, or going out of business sale type is not permitted on the Premises. Tenant When using the kitchen, all dishes and utensils taken from the cabinets must be washed and returned to their proper storage location. The kitchen must be left clean with all garbage, trash and recyclables placed in the proper receptacles. The Hall Association Custodian will use remove these from the Premises building. Food must not be left in the refrigerator beyond the rental period. Licensee must remove their food that is past expiration date. Only persons authorized by the Hall personnel may operate the dishwasher. There is a careful, safe and proper manner and will not commit waste, overload the floor or structure $50.00 charge for unauthorized usage of the Premises or subject dishwasher. Cleaning the Premises to use that would damage dining room and kitchen floor are performed by the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseCustodian.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises Lessee shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises premises to be used for any purpose other than as above stated, nor keep or store in or about the premises anything which will increase the rate of insurance on the building, nor permit any change in occupancy or any transfer of this Lease by operation of law or otherwise, nor make any alterations, additions or improvements, without the written consent of the Lessor first obtained. Lessee will not invalidate any policies of insurance now or hereafter in force with respect to said building and will pay all extra insurance premiums if any, required on account of extra risk caused by the Lessee's use of the premises. Any construction, remodeling, additions, improvements or fixtures, except movable office furniture and trade fixtures, shall be made or installed by the Lessee upon the premises only after the Lessor has given written consent hereto, and shall become the property of the Lessor, and shall remain and be surrendered in good condition with the premises as a part thereof at the termination of this Lease, by lapse of time or otherwise. If Lessor is required in its sole discretion to make alterations or improvements to the premises as a result of the nature of Lessee's business, whether to comply with the provisions of Paragraph 12 or otherwise, Lessee shall bear the cost thereof. Lessee agrees to pay promptly for any work done or material furnished in or about the premises and not to suffer or permit any lien to attach to the premises and Lessee further agrees to cause any such lien or any claims therefor to be released promptly; provided, however, that in the event Lessee contests any such claim, Lessee agrees to indemnify and secure Lessor to Lessor's satisfaction. Notice is hereby given that no mechanic's or materialmen's or other liens sought to be taken or vested on the premises or the building of which the premises is a part shall in any manner affect the right, title or interest of the Lessor therein, and that would void Tenant's Lessee shall have no authority from Lessor to permit or Landlords's insurance, increase the insurance risk, or cause the disallowance create any such lien. No Items of any sprinkler creditskind shall be stored or left for any period of time outside of the confines of the leased premises without the prior written consent of Lessor. If any increase Lessee shall maintain a constant temperature of no less than 35 degrees Fahrenheit in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseleased premises.
Appears in 1 contract
Use. The Premises shall may be used and occupied only for the purpose of receivinggeneral business office, storingsales, shipping administrative, software engineering, and selling (but limited to wholesale sales) products, materials software research and merchandise made and/or distributed by Tenant development purposes and for such no other lawful purposes as may be incidental thereto; provided, however, with use or purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises by Tenant, Landlord may withhold consent if the proposed use is either not compatible with the use as an office building or violates another provision of this Lease. Tenant may also shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - Rules and Regulations), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for light manufacturinguse as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the provisions of Section 3.2(a)(1)(G) above). Tenant shall not conduct do, bring, keep or give sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, or an increase in the existing premium (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any auction, liquidation, insurance policy covering the Project or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesany part thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be occupied or used for any purpose or in any manner that would void Tenant's will constitute waste or Landlords's insurancea nuisance. Tenant shall not, increase without the insurance riskprior consent of Landlord, bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Building or any of the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or cause jeopardize the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation structural integrity of the Premises, Building or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany part thereof.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Use. The Premises 5.1 Lessee (and its permitted assignees and subtenants) shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for light manufacturinggeneral business, administrative, sales, service, and product development, not in violation of the protective or restrictive covenants hereinafter referred to, and for no other purpose without the prior written consent of Lessor. Tenant Lessee shall operate its business in the Premises during the entire Lease Term and in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not conduct or give notice of any auctionpermit, liquidationcreate, or going out of business sale on the Premises. Tenant will use the Premises in a carefulmaintain any disorderly conduct, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gastrespass, noise, or nuisance whatsoever about the Premises which has a tendency to 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 a 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 not create, permit, or take any other action that would constitute maintain a nuisance or would disturbthereon, unreasonably interfere with, or endanger Landlord or and shall not do any tenants act tending to injure the reputation of the Project. Outside storage, including without limitation, storage Building.
5.3 Lessee shall cause all loading and unloading of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now any goods or hereafter applicable materials delivered to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended sent from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase done only in the cost loading dock area of any insurance on the Premises or the Project or, if no loading dock area is caused by Tenant's use or occupation of the Premises, or because Tenant vacates located at the Premises, then Tenant shall pay at the amount of such increase to Landlord. Any occupation loading dock area of the Building or such other dock area as Lessor may designate. Under no circumstances shall Lessee allow any goods or materials delivered to or sent from the Premises by Tenant prior to be stored on, accumulate on or obstruct the Commencement Date loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of the Building or the Property. Lessee acknowledges that violations of this Paragraph 5.3 shall be subject to all obligations constitute a material breach of Tenant under this Lease.
5.4 Lessee shall not perform or permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout, cleaning, or 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 reportable quantities as defined and required by Federal or State Laws.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of receivinggeneral office, storingR&D, shipping light manufacturing, storage and selling (but limited to wholesale sales) productsother legal uses related thereto, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental theretopurpose; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinglandlord will not unreasonably withhold approval of other similar uses. Tenant shall not conduct do, keep or give notice permit to be done or kept in or about the Premises: (i) anything which is prohibited by or will in any way increase the existing rate of or cause the cancellation of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of insurance covering the Premises or subject any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the Premises to use that would damage standard form of fire insurance policies; (ii) anything which will in any way obstruct or interfere with the Premises. Tenant shall not permit any objectionable rights or unpleasant odors, smoke, dust, gas, noisequiet enjoyment of other occupants of the Building or neighboring buildings, or vibrations to emanate from the Premisesinjure, annoy or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesdisturb them. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant cause, maintain or in permit any manner that would void Tenant's nuisance to exist in, on or Landlords's insurance, increase about the insurance risk, or cause the disallowance of any sprinkler creditsPremises. If any increase in the cost of any insurance 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 Project is caused by Tenant's use same; nor place or occupation 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 because 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 vacates 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, then 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 pay not commit or suffer to be committed any waste in, upon or about the amount Premises. Tenant covenants and agrees that no diminution of such increase light, air or view by any object or structure, nor use by others shall in anyway affect this Lease, entitle Tenant to Landlordany reduction of rent hereunder or result in any liability of Landlord to Tenant. Any occupation Tenant shall comply with any covenant, condition or restriction of record 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 other person, or occupant of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.
Appears in 1 contract
Sources: Lease Agreement (Advanced Analogic Technologies Inc)
Use. (a) The Premises premises shall be used only and occupied by Tenant solely for the purpose of receivinguse set forth in the Basic Lease Information. Tenant shall, storingat Tenant's expense, shipping comply promptly with all applicable statutes, ordinances, rules, regulations, orders, and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed requirements in effect during the term regulating Tenant's activities or the use by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use of the Premises for light manufacturingpremises. Tenant shall not conduct use or give notice permit the use of the premises in any manner that will tend to create waste or a nuisance, or which shall tend unreasonably to disturb other tenants of the Building or adjacent buildings, nor shall Tenant 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. Except as provided in paragraph 6(b) below, Tenant shall not use, keep, or permit to be used or kept on the premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause a cancellation of any auctionpolicy of insurance (including fire insurance) maintained by Landlord in connection with the premises or the Building or which would violate the terms of any covenants, liquidationconditions, or going out restrictions affecting the Building or the land on which it is located.
(b) 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 business sale on the Premiseshazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). Tenant will use the Premises As herein used, Hazardous Materials ------------------- shall include, but not be limited to, those materials identified in a careful, safe and proper manner and will not commit waste, overload the floor or structure Sections 66680 through 66685 of Title 22 of the Premises California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "chemicals known to cause cancer or subject reproductive toxicity," "radioactive materials," or other similar designations in the Premises 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 use that would damage the Premisespreceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall not permit defend (with counsel approved by Landlord), indemnify and hold Landlord, its trustees, employees and agents, any objectionable entity having a security interest in the premises or unpleasant odorsthe Building, smokeand its and their employees and agents (collectively, dust"Indemnitees") harmless from and against, gasand reimburse the Indemnitees for, noiseall ----------- 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 vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord disposal of Hazardous Materials by Tenant or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. person claiming under Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Actcost of any required or necessary investigation, ordersmonitoring, judgmentsrepair, 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, rules, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable precautions pertaining to the Premises (collectively, "Legal Requirements"). The Premises Hazardous Materials shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended excuse Tenant from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation obligation of the premisesindemnification set forth above. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's obligations under this Paragraph 6 shall survive the expiration or Landlords's insurance, increase the insurance risk, or cause the disallowance termination of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Net Office Lease (Xenogen Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Reliant shall use and occupy the Subleased Premises solely for office, distribution, research, development, and/or light manufacturing, and for no other purpose, pursuant to and in compliance accordance with all the Prime Lease and the Sublease. Notwithstanding the foregoing, Mercury acknowledges that Sublessee intends to use a portion of the Subleased Premises for testing laboratory space in which Reliant’s product are tested by doctors, and patients (“Testing Lab Use”). Mercury makes no representation or warranty of any kind with respect to whether the Testing Lab Use is permitted by applicable law (including, without limitation, zoning and land use regulations and laws, and health and safety codes and regulations), or by applicable encumbrances affecting the Subleased Premises, including, without limitation, covenants, conditions and restrictions, declarations and easements (collectively “Applicable Requirements”). Reliant shall be solely responsible for determining whether the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Testing Lab Use is permitted for the Subleased Premises under Applicable Requirements. Subject to having obtained the prior written consent of Prime Landlord and restrictions now or hereafter applicable Master Sublandlord to the Premises (collectivelyTesting Lab Use, "Legal and subject to the Testing Lab Use being permitted by Applicable Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as Mercury hereby agrees that Reliant may be amended from time use up to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation 2,300 square feet of the premisesSubleased Premises for the Testing Lab Use. Tenant will If, however, either or both of Prime Landlord and Master Sublessor do not use consent to the Testing Lab Use, or if Applicable Requirements do not permit the Premises to Testing Lab Use, Mercury’s consent shall be used for deemed rescinded without any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance further action required on the Premises or the Project is caused by Tenant's use or occupation part of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseMercury.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) productsSelling Products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant may also use the Premises for light manufacturing. “Selling Products” shall be limited to the approximately 10,000 square feet of space located in the northwest corner of the Premises as shown on Exhibit A. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, except for ordinary wear and tear, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the ProjectLandlord. Outside storage, including without limitation, storage of inoperable trucks and other personal vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The , except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises shall not be used as a place of public accommodation under and the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeProject. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises, except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises and the Project. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler creditscredits unless such use has been approved by Landlord and Tenant is responsible for all of the increased costs resulting therefrom. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any Except for the payment of rent, which shall be due and payable as of the Commencement Date, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all other obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to Tenant’s use of the Premises. Landlord shall make all other additions to or modifications of the Project required from time to time in accordance with Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesa) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also only occupy and use the Premises for light manufacturing. Tenant the Permitted Use (as set forth in the Basic Lease Information) and for no other purpose whatsoever, and shall not conduct or give notice comply with all Laws relating to the use, condition, access to, and occupancy of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building's Structure or structure of the Premises Building's Systems or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, including, without limitation, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgments, ordinancesand all rules, regulations, codesand guidelines promulgated under such laws, directivesas amended from time to time (the "DISABILITIES ACTS") in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), permits, licenses, covenants and restrictions now or hereafter applicable to other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (collectively, "Legal Requirements"which risk and responsibility shall be borne by Tenant). The Tenant shall not use any substantial portion of the Premises for a "call center", any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlords's insuranceplace any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, or because any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant vacates or the contents or equipment in or about the Premises, then and, as a result thereof, Tenant shall pay the amount of be liable for such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date and shall be subject to all obligations considered Additional Rent payable with the next monthly installment of Tenant Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.
Appears in 1 contract
Sources: Office Lease Agreement (Zix Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale contractor sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, . Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projectproject. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement commencement Date shall be subject to all obligations of Tenant under this Tenant's prior lease, dated June 11, 1992. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building (but not the Premises' interior) into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises shall be chargeable to Tenant, except for structural modifications under Paragraph 10 of the Lease.
Appears in 1 contract
Use. The Premises shall be used only solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with or in any manner that would void Tenant's or Landlord's prior written consentinsurance, Tenant may also use increase the Premises for light manufacturinginsurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not conduct reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or give notice otherwise caused by Tenant's use and/or occupancy of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not permit place any objectionable machinery or unpleasant odorsequipment weighing 1,000 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, smokewhich shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, dustTenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, noisesteam, electricity or vibrations to emanate from water beyond the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants existing capacity of the ProjectProject as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Outside storageLandlord shall be responsible for the compliance of the Common Areas of the Project with the Americans With Disabilities Act, including without limitation42 U.S.C. Section 12101, storage et seq. (together with regulations promulgated pursuant thereto, "ADA") as of trucks and other vehicles, is prohibited without Landlord's prior written consentthe Commencement Date. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within modifications to the interior or without the Premises, exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA) related to Tenant's use or occupation occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, Tenant will not use shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or permit judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to be used for comply with any purpose or in any manner that would void Tenant's or Landlords's insuranceLegal Requirement (including, increase the insurance riskwithout limitation, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasewith ADA).
Appears in 1 contract
Sources: Lease Agreement (Acusphere Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will agrees not to use or permit the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure use of the Premises for any purpose which is illegal or, except as consistent with the Permitted Use and in accordance with Exhibit F attached hereto, dangerous, which creates a nuisance or subject which would increase the Premises cost of insurance coverage with respect to use that would damage the PremisesBuilding. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or unreasonably disturb, other tenants or Landlord in the management of the Project. Tenant shall not permit any ongoing objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, excepting liquid nitrogen cylinders, gas cylinders, a generator and to the extent existing on the date hereof, a flammable chemical storage building in its existing location, but including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, condition, configuration or occupancy of the Premises. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except for customary office and cleaning supplies and those permitted under Exhibit F attached hereto, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at its sole expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and delivered to Tenant in writing and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall use be sent by Landlord to Tenant in writing. In the event of a conflict between the rules and occupy regulations and the Premises in compliance with all laws, including, without limitationterms of this Lease, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants terms of this Lease shall control. Landlord shall not knowingly enforce the rules and restrictions now or hereafter applicable regulations against Tenant in a discriminatory manner. Landlord acknowledges and agrees that Tenant’s two existing HVAC units and the backup generator located in the back truck court as currently operated do not violate the provisions of this Section 3 with respect to the Premises (collectivelynoise created by the same, "Legal Requirements"). The Premises shall and Tenant agrees to properly maintain the same so that the noise created by such HVAC units and generator does not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or increase in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasematerial amount.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises for such any or all of the Permitted Uses. Tenant may not use the Premises for any purpose other lawful purposes as may be incidental thereto; providedthan the Permitted Uses, however, with unless Tenant obtains Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturingwhich consent shall not be unreasonably withheld, qualified or delayed. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale its operations and activities on the Premises. Tenant will use the Premises in material compliance with all Applicable Laws; provided, (i) Tenant shall have the right to contest the enforcement or attempted enforcement of any Applicable Law, in good faith and with due diligence, (ii) Tenant shall not be deemed to have defaulted under this Lease as a carefulresult of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the same and the period of time reasonably necessary to effect compliance therewith has passed, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises (iii) Landlord shall be responsible for causing Landlord’s Work to use that would damage the Premisescomply with Applicable Laws. Tenant shall not permit cause its Alterations (if any) to comply with Applicable Laws. Tenant shall indemnify, defend and hold harmless Landlord from and against any objectionable or unpleasant odorsthird party claims and associated lawsuits, smokegovernmental actions, dustobligations, gasliabilities, noisedamages, or vibrations to emanate from the Premisescosts and expenses (including, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks court costs, litigation expenses and other vehicles, is prohibited without Landlord's prior written consent. attorneys’ fees) caused by Tenant, ’s failure to conduct its operations and activities at its sole expense, shall use and occupy the Premises in compliance with all lawsApplicable Laws. Tenant shall have the right to discontinue its operations in the Premises, includingin whole or in part, without limitationat any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to require Tenant to use or occupy the Americans With Disabilities ActPremises, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to Tenant’s vacation of the Premises (collectively, "Legal Requirements"). The or failure to use or occupy the Premises shall not be used as constitute a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time default hereunder. Notwithstanding Tenant’s election to time. Tenant shall, discontinue its operations at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related Tenant shall not cancel electric or water service to Tenant's use or occupation of the premises. Premises, Tenant will not use or permit shall keep the Premises parking lights operational in accordance with its prior practices at the Premises, and Tenant shall cause the Building to be used for any purpose heated and cooled to the extent necessary to prevent material damage thereto (excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or in any manner that would void resulting from Landlord’s failure to satisfy its obligations hereunder), until the termination of this Lease or Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation ’s right to possession of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall are to be used only for general office --- purposes, including but not limited to, use of a portion of the purpose first floor of receivingthe Building, storingto the extent permitted by law or covenant, shipping and selling (but limited to wholesale sales) products, materials and merchandise made as a network and/or distributed by Tenant telecommunications operations center or related use and for no other business or purpose without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall, after written notice, (a) immediately cease the performance of any unlawful act and (b) with respect to acts that will or has increased the existing rate of insurance, Tenant shall either cease such act that is increasing or has increased the existing rate of insurance (and pay for any such increases theretofor charged to Landlord) or shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other lawful purposes action as may be incidental theretonecessary to eliminate the noise or disturbance at its sole cost and expense. Tenant shall not, without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein; provided, however, that such rules and regulations do not -------- ------- conflict with Landlordthis Lease, materially increase Tenant's prior written consentobligations or liability with respect to the Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and regulations for the Building are attached hereto as Exhibit F. --------- Without limiting the foregoing, Tenant may also use the Premises agrees to be wholly responsible at Tenant's sole cost and expense for light manufacturing. Tenant shall not conduct any accommodations or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject alterations which need to be made to the Premises to use that would damage comply with the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants provisions of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderof 1990, all as may amended (the "ADA"). Landlord will be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation responsible --- for compliance of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation common areas of the Premises, or because Tenant vacates Building as well as the Premises, then Tenant shall pay Building shell (as described in Exhibit E) with the amount provisions of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseADA.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, manufacturing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made manufactured and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, Premises that are required by Legal Requirements related to Tenant's ’s use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord agrees that it will include in all leases for the Building, a covenant prohibiting the Building’s tenants from emitting unpleasant odors, smoke, dust, gas or vibrations from its premises such as to effect in a materially adverse way, the operations of Tenant hereunder. In the event that a Building 13 tenant violates the afore-said covenant, Tenant shall give written notice of such violation to Landlord and Landlord shall have a commercially reasonable time following its receipt of such notice to cause the offending tenant to cease such actions. In the event that Landlord fails to cure the violation within a commercially reasonable time, Tenant shall be entitled to request that Landlord assign to Tenant all of its rights and remedies against the offending tenant under the lease between Landlord and the offending tenant and Landlord shall assign same within three (3) business days of receiving a request for same. Thereafter, Tenant shall be entitled to prosecute an action against the offending tenant in Landlord’s or Tenant’s name, including, but not limited to, seeking and obtaining a temporary or permanent injunction enjoining the offending tenant from continuing with the prohibited actions. Tenant shall advise Landlord of any such prosecution actions and allow Landlord to reasonably participate in such actions.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesa) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant Sublessee will use the Demised Premises in a carefulsolely for general office and warehouse use which shall include management, safe assembly, and proper manner product personalization (e.g. monogramming, embroidery, etc.) services. Sublessee will not cause or permit any waste or damage to the Demised Premises, the Building or the Land and will not commit wasteoccupy or use the Demised Premises for any business or purpose which is unlawful, overload hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the floor business operations of other tenants or structure occupants in the remainder of the Building ("Adjacent Premises"). If the nature of Sublessee's use or occupancy of the Demised Premises or subject causes any increase in Sublessor's insurance premiums over and above those chargeable for the Premises to use that would damage least hazardous type of occupancy legally permitted in the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Demised Premises, or take then Sublessee will pay the resulting increase within ten days after its receipt of a statement from Sublessor setting forth the amount thereof. Sublessee will comply with Master Lessor's Rules and Regulations for Creekside as set forth in the Master Lease and attached hereto as EXHIBIT C (and any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants reasonable modifications thereto which are consistent with the provisions of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenantthis Sublease).
(b) Sublessee shall, at its sole expense, shall comply with all laws and other governmental requirements which are now or hereafter in force pertaining to the Demised Premises and Sublessee's use and occupy the Premises in compliance with all lawsoccupancy thereof, including, without limitation, the Americans With with Disabilities Act, ordersthe Comprehensive Environmental Response, judgmentsCompensation and Liability Act, ordinancesthe Clean Air Act, regulationsthe Hazardous Materials Transportation Act, codes, directives, permits, licenses, covenants the Resource Conservation and restrictions now or hereafter applicable to Recovery Act and the Premises Water Pollution Control Act (collectively, collectively herein called the "Legal Requirements"). The Premises shall not be used as a place To the extent the Legal Requirements require modifications of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Entire Premises, that are required by Legal Requirements related to Tenant's use or occupation the cost thereof shall be shared pro rata based on the then square footage of the premises. Tenant will not use or permit Adjacent Premises and the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Subleased Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Sublease Agreement (Redenvelope Inc)
Use. The (a) Tenant shall not use, occupy or operate the whole or any part of the Premises shall for any purpose other than that set forth under Permitted Use In the Fundamental Lease Provisions or permit the same to be used only for the purpose of receivingany other purpose. Tenant agrees to maintain minimum business hours from 10:00 a.m. to 6:00 p.m., storingsix (6) days per week (Monday through Saturday), shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as which minimum business hours may be incidental thereto; provided, however, with modified by Rules and Regulations reasonably imposed by Landlord's prior written consent, . Tenant may also shall further use the Premises for light manufacturingin accordance with the Rules and Regulations from time to time adopted by Landlord and in such a manner as will not interfere with or infringe on the rights of other tenants in the Shopping Center. If Rules end Regulations have already been adopted by Landlord, a copy of such Rules and Regulations presently in effect are attached hereto as Exhibit "B" and by this reference made a part hereof.
(b) Tenant shall not use or occupy the Premises in violation of an~ law, ordinance, regulation or other directives of any governmental authority having jurisdiction thereof, nor permit a nuisance to be created or maintained therein. Tenant shall not conduct maintain or give notice of permit any auction, liquidation, coin operated or going out of business sale on the Premises. Tenant will use vending machines within the Premises without the prior written consent of Landlord.
(c) During the Term hereof, Tenant shall be in a carefulcontinuous use, safe occupancy and proper manner operation of the entire Premises, shall conduct business in the Premises for the purposes herein stated and will shall not commit waste, overload the floor vacate or structure of abandon the Premises or subject 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.
(d) Tenant shall not allow any odor or sound produced or originating within the Premises to use that would damage be detectable outside the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks Premises and other vehicles, is prohibited without Landlord's prior written consent. Tenantshall, at its sole expense, shall use exhaust or filter all such odors in such manner that they cannot be detected outside the Premises and occupy sound proof the walls of the Premises in compliance with all laws, including, without limitation, such manner that such sounds cannot be heard outside the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises.
(collectively, "Legal Requirements"). The Premises e) Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or circumstances conduct in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use Shopping Center any auction or occupation of bankruptcy sale or fire sale or going-out-of-business sale or any similar liquidation sale, it being agreed that the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior same are inconsistent and in conflict with and would be detrimental to the Commencement Date shall be subject to all obligations interests of Tenant under this LeaseLandlord and Tenant.
Appears in 1 contract
Sources: Lease Agreement (Homeland Integrated Security Systems, Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant's business operations on and from the Premises overnight at the truck docks of the Premises, provided such trucks and trailers are at all times in operable condition and there is no interference with the access of other tenants to the Building parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Innotrac Corp)
Use. The Subject to the terms, provisions, covenants, agreements and conditions herein, the Leased Premises are to be used by Lessee solely for (i) operations as currently conducted in the Leased Premises as part of the Acquired Business (together with such changes thereto as may be comparable in general nature and character); (ii) similar manufacturing operations as currently conducted elsewhere by the Acquired Business, or any comparable business of Raytheon or its subsidiaries as of the Commencement Date (together with such changes thereto as may be comparable in general nature and character), including electronics assembly and light manufacturing, warehousing, research and development, and related activities, provided any such activities do not violate applicable zoning requirements; or (iii) any office use or warehouse use, provided such uses comply with applicable zoning requirements. Notwithstanding the foregoing, Lessee shall not use, store, process or package in the Leased Premises (a) any chemical in quantities sufficient to trigger either the Occupational Safety and Health Act's ("OSHA") Process Safety Management (PSM) rules, 29 C.F.R. Section 1910.119, or the United States Environmental Protection Agency's ("EPA") Clean Air Act Accidental Release Prevention rules, 40 C.F.R. Pt. 68 Subpt. G, or (b) without the prior approval of Lessor, which approval shall not be unreasonably withheld, any hazardous or toxic chemical or radioactive material not currently used, stored or processed at the Leased Premises. Other proposed uses shall be used allowed with Lessor's prior consent, which consent shall not be unreasonably withheld. Lessee agrees to use the Leased Premises only for the purpose intended uses specified herein, and without unreasonable interference with TI's operations or those of receivingany other lessee or other occupant of the TI Expressway Site. Lessee further agrees that Lessee and its employees, storingagents, shipping contractors, and selling visitors (but limited while at the TI Expressway Site) will adhere to, and the use of the Leased Premises and other areas of the TI Expressway Site to wholesale saleswhich access is granted hereunder will be consistent with, the following specific rules:
(1) productsNo firearms or explosives (other than potentially reactive or flammable materials used in manufacturing processes allowed by and otherwise used, materials stored and merchandise made and/or distributed by Tenant and for handled in conformance with this Lease Agreement) will be permitted on the TI Expressway Site;
(2) No intoxicants or illegal drugs will be permitted on the TI Expressway Site;
(3) Lessee shall, upon becoming aware of such person, remove from the TI Expressway Site any employee, agent, contractor or other lawful purposes as visitor of Lessee under the influence of intoxicants or illegal drugs while on the TI Expressway Site;
(4) Smoking will be prohibited inside all buildings located on the TI Expressway Site. Subject to other safety-related restrictions that may be incidental thereto; providedimposed by TI from time to time, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale smoking will be allowed outdoors on the TI Expressway Site except within approximately 100 feet of an outside door;
(5) No conduct which is unreasonable or indecent will be permitted on the TI Expressway Site; and
(6) Except for any use within the Leased Premises, no cameras or video recorders (other than security cameras or cameras for construction, health and safety documentation) will be used on the TI Expressway Site except in accordance with any applicable TI security requirements. Tenant will use In addition to the Premises in a carefulforegoing, safe and proper manner and will not commit wasteTI may from time to time adopt other rules or regulations generally applying to occupants, overload the floor or structure including tenants, of the TI Expressway Site for the management, safety, care and cleanliness of, and preservation of good order and protection of property in the Leased Premises and the TI Expressway Site. Any such rules and regulations or subject changes and amendments thereto sent by Lessor to Lessee and conforming to the Premises foregoing standards shall be carried out and observed by Lessee. Subject to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odorsmore specific articulation of compliance responsibilities with respect to environmental matters as set forth herein, smoke, dust, gas, noise, or vibrations Lessee further agrees to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all lawsapplicable City, County, State and Federal laws and regulations, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, building codes, directives, permits, licenses, covenants electrical codes and restrictions fire codes which now are or hereafter become applicable to the Leased Premises (collectivelyand, "Legal Requirements"). The Premises shall not be used as a place to the extent made necessary in connection with Lessee's use of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Leased Premises, to any other portion of the TI Expressway Site. Nothing contained in this Lease, however, shall be construed to prevent Lessee from adopting or otherwise implementing standards or policies with respect to Lessee's occupancy, use or operations on the Leased Premises that are more stringent than required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseapplicable laws and regulations.
Appears in 1 contract
Sources: Asset Purchase Agreement (Triquint Semiconductor Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With with Disabilities ActAct of 1990 (as amended) (the “ADA”), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Inogen Inc)
Use. The Premises shall be used only for the purpose of receivinggeneral office purposes, storingincluding software demonstration and training, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may purposes, which use shall be incidental thereto; provided, however, consistent with Landlord's prior written consent, Tenant may also use of other first class office buildings in the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the PremisesDenver Technological Center. Tenant will use the Premises in a careful, safe and proper manner and will shall not commit waste, overload the floor floors or structure of the Premises Premises, or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projectnuisance. Outside storage, including without limitation, storage of trucks and other vehiclesvehicles (except vehicles used in connection with Tenant's business), is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable except to the Premises extent permitted by and in accordance with any conditions imposed under applicable Legal Requirements (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under defined in the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timefollowing Paragraph) and recorded covenants. Tenant shall, at its expense, make any alterations or modifications, within or without shall pay the Premises, that are required by Legal Requirements related to Tenant's use or occupation amount of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on carried by Landlord for the Premises or the Project that is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then . Tenant shall pay comply with all covenants or restrictions of record applicable to the amount of such increase Premises and any reasonable rules and regulations with respect to Landlordthe Premises that are not inconsistent with this Lease promulgated by Landlord in accordance with this Lease after reasonable notice to Tenant. Any occupation of the Premises by Tenant prior to before the Rent Commencement Date shall be subject to all obligations of Tenant under this Lease. Anything in this Lease to the contrary notwithstanding, Tenant may use a portion of the Premises for a cafeteria providing food services to its employees and invitees, and a portion of the basement of the Premises for a florist shop for employees and invitees, subject in each case to the following conditions: (i) Tenant, at its cost, shall obtain and maintain all required permits and licenses and shall comply with all Legal Requirements applicable to each such use; (ii) such cafeteria and florist shop shall not be open to the general public; (iii) the portion of the Premises used for such cafeteria and florist shop shall be subject to Landlord's reasonable approval; and (iv) if Tenant employs or contracts with any third party vendors to provide food or beverage services or operation of or services within the florist shop, any such vendor shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed and Tenant shall be solely responsible for compliance by any such vendor with the requirements of this Paragraph. In addition, the following conditions shall apply with respect to the florist shop: (a) the area of the basement of the Premises occupied by such shop and any related storage facilities shall not exceed 1,000 square feet; (b) the florist shop and any fixtures and equipment incorporated therein shall not be deemed to be part of the Initial Improvements and Landlord shall have no obligation to pay any of the cost of such items; and (c) any alterations or additions to the Premises in connection with the florist shop (including the initial construction thereof) shall be deemed to be Alterations subject to the provisions of Section 11.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the die Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or LandlordsLandlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific mariner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all federal, state, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, and directives, permitsall of the documents referenced in Section 44 of this Lease on the terms set forth therein, all governmentally issued permits and licenses, covenants and all covenants, requirements and restrictions of record now or hereafter in accordance with this Lease, hereafter, applicable to the Premises Premises, and to the use and occupancy thereof (collectively, "“Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under , including, without limitation, (i) the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”), and (ii) all restrictions, requirements and provisions set forth in the record documents identified in Section 44 and/or imposed by Governmental Authorities (as may be amended defined in Section 9) having jurisdiction, including, without limitation, those related to the historical significance of, and historical activity on, the Project. In connection with any of Landlord’s redevelopment activities pursuant to Section 44(o), Landlord will not alter the entitlements, permits and approvals for the Project in a manner that precludes office, laboratory, or laboratory-related research and development uses consistent with first-class office and lab buildings in the Cambridge/Watertown market. The foregoing, however, shall not derogate from time Landlord’s responsibilities to timecomply with all of its obligations under the Lease. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make ActiveUS 179671324v.10 discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premisesPremises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement; provided, however, that, so long as no Tenant default is continuing, Tenant may contest the application of any Legal Requirement by any third party against Tenant in good faith so long as such contest does not adversely affect the Project (including by the imposition of a lien on the Project), subject Landlord to risk of any liability, or result in an increase in Operating Expenses. Tenant shall indemnify, defend and hold harmless Landlord and Landlord Indemnified Parties against any claim, damage, cost, or loss resulting out of such contest. Such right to contest is personal to Constellation Pharmaceuticals, Inc., and any assignee of Constellation Pharmaceuticals, Inc. pursuant to Permitted Assignments and, except with respect to such assignee pursuant to Permitted Assignments, shall not inure to the benefit of any successor, assignee or subtenant of Constellation Pharmaceuticals, Inc. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlords's Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirements. Tenant shall reimburse Landlord promptly within 10 days following demand for any additional premium charged for any such insurance policy by reason of any insurance Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises in excess of the allowable floor loads set forth on Exhibit L, subject the Premises to use that damages the Premises or obstructs or interferes with the Project is caused by Tenant's use rights of Landlord or occupation other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or because using or allowing the Premises to be used for any unlawful purpose. Tenant vacates shall cause any equipment or machinery to be installed in the Premises (other than items in the location and manner installed as part of the Landlord’s Work, without modification to mitigating factors of such equipment or machinery) so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without prior written consent of Landlord (not to be unreasonably withheld) and compliance with this Lease. The specified design capacities of the equipment providing the ventilation, air exchange, heating, gas, steam, electricity and water serving the Premises installed under the Work Letter shall be as set forth in the Plans and Specifications (as defined in the Work Letter), and Landlord shall not make any alterations to such equipment that reduce such design capacities of the equipment, it being acknowledged that the covenants in this sentence are with respect to the equipment and changes to the equipment, not the utilities or services themselves, with reference being made to Section 11 with respect thereto. Except as may be caused by improvements constructed under the Work Letter or any future Alterations approved by Landlord in accordance with this Lease, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water provided by Building Systems beyond such capacities as proportionately allocated to the Premises based upon the rentable square footage of the premises of tenants (including Tenant) having the right to use the same. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, then and Tenant shall pay the amount agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith, at no out of such increase pocket cost to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be and subject to all obligations of Tenant under this LeaseTenant’s reasonable confidentiality measures, if any (it being agreed, however, that confidentiality measures will not apply to utility consumption).
Appears in 1 contract
Sources: Lease Agreement (Constellation Pharmaceuticals Inc)
Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionvideo duplication and audio production services, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, vault storage of trucks videos and other vehiclesany ancillary general office use, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, and shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord which consent shall not be unreasonably withheld. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein, which will in any manner that would void Tenant's or Landlords's insurance, way increase the existing rate of, or adversely affect, any fire insurance riskupon the improvements at the Premises or any of its contents, or cause the disallowance of any sprinkler credits. If any increase in the cost cancellation of any insurance policy covering said improvements or any part thereof or any of its contents. Tenant shall not allow the Premises to be used for any improper, immoral or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not do or permit to be 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 Project is caused by Building. Tenant's use , its employees, agents and contractors shall not commit any waste in or occupation upon the Premises. Without limiting the generality of the Premisesforegoing, or because Tenant vacates the Premises, then Tenant shall pay not: (i) obstruct or store anything in the amount of such increase to Landlord. Any occupation common areas (including service or exit corridors), (ii) place a load upon any floor of the Premises by Tenant prior which exceeds the floor load per square foot which such floor was designed to carry or (iii) permit any objectionable sounds or odors to carry outside the Commencement Date 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 be subject to all obligations require similar restrictions on use as contained in this paragraph from any tenants of the Former Premises, if any, for the benefit of Tenant under this Leaseand such other tenants.
Appears in 1 contract
Sources: Building Lease (Vdi Media)
Use. The Premises shall be used only Tenant may not use the Premises, without the prior written consent of Landlord, for: (a) for the purpose of receivingsale, storingstorage, shipping and selling (but limited to wholesale sales) productsgeneration, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provideduse, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct disposal or give notice distribution of any auctionHazardous Substances (defined in Article 11), liquidationsubject to the exclusion in Article 11.3(a); (b) the sale or distribution any pornographic or adult-oriented publications, media or going out products; (c) as a bar, nightclub or strip club, (d) for any other use which places the Landlord or the Property in an immoral light, as determined from the perspective of business sale on a reasonable person using the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure community standards of the Premises Minneapolis-St. Paul metropolitan area; (e) in any manner that increases the insuran▇▇ ▇isk or subject prevents the Premises to obtaining of insurance as a result of Tenant's specific and unique use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from of the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or f) in any manner that would void be in violation of any applicable Legal Requirements. Landlord acknowledges that Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's initial use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to is for (aa) the Commencement Date shall be subject to all obligations storage, grindi▇▇, ▇▇asting, packaging, production, warehousing, distribution, and wholesale sale of Tenant Tenant's coffee, food, beverage and other products, and other related uses, (bb) related office use, and (cc) the retail sale of Caribou Coffee coffees, food, beverages and other products, and Landlord agrees that those uses are permitted under this Lease. As a condition to Tenant's obligations under this Lease, Landlord agrees to provide a zoning letter and evidence of any neces▇▇▇▇ ▇▇▇ing variance, addressed to Tenant and Tenant's title company (First American Title Insurance Company), stating and showing that the uses described in the immediately preceding sentence are permitted under the applicable zoning and use ordinances of the City of Brooklyn Center. Tenant acknowledges receipt of a zoning letter that meets the requirements set forth in the immediately preceding sentence. Tenant acknowledges that the conditional use permit necessary for the retail use contemplated by this Lease will not be considered by the City of Brooklyn Center until after execution of this Lease, and the zoning letter and evidence of any necessary zoning variance discussed above will not include this conditional use permit. Tenant shall seek the conditional use permit at Tenant's expense, and Landlord agrees to cooperate with Tenant's eff▇▇▇▇ ▇o seek issuance ▇▇ ▇▇▇▇ conditional use permit by ▇▇▇ ▇▇ty of Brooklyn Center, provided Tenant will hold Landlord harmless from any reasonable out-of-pocket expense incurred by Landlord in that cooperation.
Appears in 1 contract
Use. The Tenant may use the Leased Premises shall be used only for the purpose Use of receivingLeased Premises (defined in the Reference Data section). Such use and occupation shall at all times be in compliance with the ordinances of the Town of Rockland, storing, shipping the laws of The Commonwealth of Massachusetts and selling (but limited to wholesale sales) products, materials the United States of America and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingany regulations under any thereof. Tenant shall not conduct use, permit or give notice suffer anything to be done in the Leased Premises or anything to be brought into or kept in the Leased Premises, in either case, which occasions undue hazard, discomfort or annoyance to any other tenants or occupants of any auction, liquidationthe Building, or going out which in Landlord's reasonable judgment may tend to impair the reputation or appearance of business sale on the PremisesBuilding and tend to interfere with the proper and economic operation of the Building by Landlord. Tenant will agrees that, except as set forth in the following sentence for "Kitchen Areas," it shall not use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Leased Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odorspart thereof, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Leased Premises or any part thereof to be used, for the preparation or dispensing of food, whether by vending machines or otherwise. Notwithstanding the preceding sentence of this Section, but subject to the other terms and conditions of this Section and this Lease, Tenant may install at its own expense so-called hot-cold water fountains, coffee makers, beverage vending machines, microwave ovens, refrigerators and sinks ("Kitchen Areas") for the heating and consumption of food on the Leased Premises by Tenant's employees only, provided that no cooking, frying, etc. are carried on in the Leased Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance such extent as creates odors of any sprinkler credits. If kind beyond the Kitchen Areas or requires special exhaust venting, and provided further that the installation and operation of such Kitchen Areas shall not result in any increase in the cost of any Landlord's insurance on the Premises premiums or the Project costs unless such increase is caused fully paid for, in advance, by Tenant's use or occupation of . Tenant hereby acknowledges that the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of Building is not engineered to provide any such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasespecial venting.
Appears in 1 contract
Sources: Lease (Biosphere Medical Inc)
Use. The A. Tenant shall use the Leased Premises solely for general office, administration, research and development, sales and marketing and reasonably ancillary legal uses consistent with all recorded matters and in conformity with municipal zoning requirements of the City of San Jose, California; other applicable statues, laws, rules, orders, regulations and ordinates (collectively, “Laws”); and the Operating Standard (as defined in Section 6.03.B, below) (the “Permitted Use”), and for no other purpose. Tenant shall comply with all Laws affecting the Leased Premises or relating to the use, occupancy or alteration thereof and all the orders or reasonable recommendations of any insurance underwriters, and safety engineers as may from time to time be consulted by Landlord. Without limiting the terms and conditions of Section 6.03.B, below, in addition, if Landlord makes any alteration to any part of the Building or Project in order to comply with any requirement of any Laws applicable to Tenant’s particular use of the Leased Premises (and not office use of the Leased Premises, generally), then Tenant shall reimburse Landlord within thirty (30) days after demand (which demand will include a reasonable substantiation of the cost of the relevant improvements and the reason such improvements are necessary), for the actual out of pocket cost thereof. Tenant acknowledges and agrees that Tenant is solely responsible for determining if its business complies with the applicable zoning regulations, and that Landlord makes no representation (explicit or implied) concerning such zoning regulations. Notwithstanding the foregoing, or anything to the contrary contained herein, in the event there is a Law that requires a repair, alteration or improvement to the Leased Premises, Tenant shall be obligated to comply with the same at its sole cost and expense only if such compliance is necessitated by (i) Tenant’s improper acts or omissions (when there is a duty to act), (ii) negligence, (iii) specific manner of use of the Leased Premises, in contradistinction to general office use, and (iv) Tenant Work or Tenant’s Alterations (as defined below). In no event shall Tenant be required to perform alterations to cause areas outside of the Premises to comply with any Laws, except to the extent necessitated by Tenant’s Alteration(s) in such outside areas or particular manner of use or operation of such outside areas or Leased Premises.
B. Tenant shall, at its sole expense: (i) keep the portions of the Leased Premises that Tenant is obligated to maintain under this Lease in the order and condition received, and thereafter improved, consistent with the operation of a Class A institutional quality office building that is part of a mixed use project (the “Operating Standard”); (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment installed in the Leased Premises by Tenant; (iii) not use or permit or suffer the use of any portion of the Leased Premises for any unlawful purpose; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry in accordance with the plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, overload, damage or deface the Leased Premises, or the hallways, stairways, elevators of the Building, the Subterranean Parking Levels, the Parking Garage, the Common Areas or the fixtures therein or used therewith, nor permit any hole to be made in any of the same (except for holes made in connection with alterations and installations otherwise permitted hereunder which are patched or repaired); (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises any electrical heating, air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the amount of electricity required for use of the Leased Premises as general office space (other than ordinary office equipment such as personal computers, printers, copiers and the like), without first obtaining the written consent of Landlord, which will not be unreasonably withheld, conditioned, or delayed; and (ix) not install any other equipment of any kind or nature which will or may necessitate any changes, replacements or 8 additions to, or in the use of, the water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the written consent of Landlord, which will not be unreasonably withheld, conditioned, or delayed.
C. In addition to and not in limitation of the other restrictions on use of the Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the following uses of the Leased Premises shall not be used only considered permitted: (1) any use of the Leased Premises by an organization or Person enjoying sovereign or diplomatic immunity (the foregoing will not be deemed to prohibit invitees who are representatives or officials of any U.S., state or foreign government); (2) any use of the Leased Premises by or for an employment agency or bureau (other than Tenant’s normal recruitment activities); (3) any use of the purpose Leased Premises for classroom purposes; (4) any use of receivingthe Leased Premises by or for any user which distributes governmental or other payments, storingbenefits or information to Persons who are required to personally appear at the Leased Premises to collect such benefits; (5) any laboratory use that requires the handling of Hazardous Substances (as defined below); (6) any medical use involving the treatment of patients or handling of medical waste and/or Hazardous Substances in the Building, shipping and selling other than employee first aid; (but limited 7) retail sales of merchandise to wholesale salesmembers of the public; (8) any use that interferes with, injures or unreasonably annoys other occupants of the Project; (9) productsany use that constitutes a nuisance; (10) any use that involves the presence, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental theretouse, release or discharge of Hazardous Substances; provided, however, with Landlord's prior written consent, that Tenant may also handle, store, use and dispose of products containing small quantities of Hazardous Substances for general office purposes (such as toner for copiers and standard cleaning solvents and chemicals found in office cleaning supplies and reasonable quantities of other substances that Tenant may store as required to fulfill Tenant’s maintenance obligations under this Lease), to the Premises extent customary and necessary for light manufacturing. the Permitted Use of the Leased Premises, so long as Tenant shall not conduct or give notice always handles, stores, uses, and disposes of any auctionsuch Hazardous Substances in a safe and lawful manner and does not allow such Hazardous Substances to contaminate the Leased Premises, liquidationBuilding, or going out of business sale Project or surrounding land or environment; (11) any use that could reasonably be expected to have a material adverse effect on the Premises. Tenant will utility, use, appearance or value of the Building, the Project, or any portion thereof; and (12) any other use of the Leased Premises by any user that is not otherwise permitted in a careful, safe and proper manner this Lease and will attract a volume, frequency or type of visitor or employee to the Leased Premises which is not commit wasteconsistent with the Operating Standard, overload or that will in any way impose an excessive demand or use on the floor facilities or structure services of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Leased Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.
Appears in 1 contract
Use. The Leased Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed occupied by Tenant as office space and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct cause excess odor, vibration, fumes, noise and/or nuisance within or give notice of any auction, liquidation, or going out of business sale on beyond the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure confines of the Leased Premises and its use shall not result in the deterioration of the Leased Premises or subject the Building in which the Leased Premises to use that would damage is located. In addition, Tenant warrants and represents the Premisesfollowing:
a. Tenant shall place waste and refuse matter in the receptacle provided by Tenant. Tenant shall deposit only acceptable commercial waste in the aforesaid receptacle. Said acceptable commercial waste shall not permit include; Hazardous waste; Pathological waste; Industrial waste; Asbestos waste; Tires; Batteries; Oil and any objectionable wastes packed in drums or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take drums themselves; and any other action that would constitute a nuisance wastes deemed unacceptable on any future date by any appropriate governmental authority or would disturb, unreasonably interfere with, or endanger Landlord's waste hauler.
1. Tenant shall indemnify and hold Landlord or any tenants of the Project. Outside storageharmless from all costs and expense, including without limitationbut not limited to, storage reasonable attorneys fees, charges, fines and penalties for Tenants deposit of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy any unacceptable waste in the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. waste receptacle.
b. Tenant shall, at its expenseall times hereunder, make comply with all applicable Federal, State and local environmental, land use, zoning, health, safety and sanitation laws, ordinances, codes, rules and regulations and interpretations and orders of regulatory and administrative authorities with respect thereto, and shall obtain and comply with any alterations and all approvals, registrations or modificationspermits required thereunder. Without limiting the generality of the foregoing, within Tenant shall duly comply with all requirements the New York State Environmental Conservation Law and the regulations promulgated thereunder. Tenant at Landlord's direction shall promptly undertake and diligently pursue to completion the appropriate and legally authorized remedial and clean-up action in the event any release by Tenant of oil or without Hazardous waste or substances, upon or into the Leased Premises, that the Building in which the Leased Premises is located, or the surrounding land area.
1. Tenant shall provide Landlord with copies of any notification of releases of oil or Hazardous wastes or substances which are required by Legal Requirements related to Tenant's use given by, or occupation on behalf of the premisesTenant to any Federal, State or local agencies or authorities with respect to the Leased Premises.
2. Tenant will not use shall defend, indemnify, and hold harmless the Landlord, its employees, agents, officers and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or permit expenses in relation to the release of any oil or Hazardous wastes or substances upon the Leased Premises, and by Tenant, in the Building in which the Leased Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance riskis located, or cause the disallowance surrounding land area.
3. Tenant shall furnish to Landlord at Landlord's written request, written certification of any sprinkler creditsits compliance with this Paragraph "EIGHTH". If any increase in Such certification shall list all hazardous wastes or substances and the cost of any insurance quantities thereof used on the Leased Premises or for the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasepast year.
Appears in 1 contract
Sources: Lease Agreement (Nco Group Inc)
Use. The (A) Tenant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Office/Lab space and for parking incidental thereto, and for no other purposes without the prior written consent of Landlord (hereinafter referred to as “Permitted Use”). The Tenant represents and warrants that the aforementioned Permitted Use is the only use that it contemplates conducting at the Demised Premises and such other lawful purposes as representation and warranty shall survive the Lease Expiration Date or any extension of the Lease Term or any earlier termination of this Lease. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses or liability in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be incidental theretomade of the Demised Premises which may be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; providedneither Tenant nor any person claiming under Tenant shall unreasonably impede ingress or egress to, howeveror use of, with Landlord's prior written consentthe Initials: JPF. SPM. 9 loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Tenant may also use the Premises for light manufacturing. Tenant or its agents shall not conduct any public or give notice of any auctionprivate auction in, liquidation, upon or going out of business sale on about the Premises. Tenant will use Demised Premises without the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure written consent of the Landlord; the Demised Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, any of the Americans With Disabilities Actmechanical systems thereof, ordersshall not be overloaded, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now damaged or hereafter applicable to defaced; Tenant shall not drill or make any holes in the Premises (collectively, "Legal Requirements"). The stonework or brickwork or the roof of the Building or walls that are structural in nature without the written consent of the Landlord which such consent will not be unreasonably withheld; the utilities conduits in the Demised Premises shall not be overloaded or used as a place for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of public accommodation under the Americans With Disabilities Act Demised Premises; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or similar state statutes or local ordinances or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in accordance with rules and regulations promulgated thereunder, all therefore as may be amended prescribed by Landlord and consistent with all local, state and federal regulations that may apply (hereinafter referred to as “Legal Requirements”); and no sign may be installed upon the Demised Premises which is visible from time the exterior of the Building, without the consent of Landlord, except that one sign shall be erected upon the exterior of the Demised Premises which will be the type utilizing individual letters such as those in Landlord’s Hopkinton Industrial Park having letters not to timeexceed one foot in height and if Tenant includes an insignia in such sign, such insignia shall be separate and not over two feet in height and width at the highest and widest points. Landlord shall also include Tenant’s signage on the park street directory as soon as is practicable upon commencement of the Lease.
(B) As used in this Lease, the term “Hazardous Material” shall include, but is not limited to, flammable items, explosives, radioactive materials, oil, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “bio-chemical” or “toxic substances” now or subsequently regulated under any applicable federal, state or local Legal Requirements, including without limitation petroleum-based products. Except for standard cleaning materials, refrigerants, disinfectants, laundry detergents, or any other materials normally used and stored in the Demised Premises in connection with the Permitted Use and in compliance with Legal Requirements and in proper containers, Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Entire Parcel, Building or the Demised Premises by Tenant, its employees and/or agents.
(C) If Tenant violates the above prohibition and, as a result thereof, there is a violation of Legal Requirements, and/or there is contamination of the soil or surface or ground water at the Entire Parcel, Building and/or Demised Premises, or loss or damage to person(s) or property, then Tenant agrees to: (a) notify Landlord immediately of any contamination, claim of contamination, loss or damage, (b) after consultation with the Landlord, clean up the contamination in full compliance with all applicable Legal Requirements, and (c) Initials: JPF. SPM. 10 indemnify, defend and hold Landlord harmless from and against any claims and/or causes of action arising from or connected with any such contamination, claim of contamination, loss or damage. Tenant shallagrees to fully cooperate with Landlord and provide such documents, at affidavits and information as may be requested by Landlord (i) to comply with any environmental Legal Requirements, (ii) to comply with the request of any Secured Party, purchaser, or tenant, and/or (iii) for any other reason deemed necessary by Landlord in its expensesole discretion. Landlord shall have the right, make but not the obligation, without in any alterations or modificationsway limiting Landlord’s other rights and remedies under this Lease, within or without to enter upon the Demised Premises, that are required or to take such other actions as it deems necessary or advisable, to investigate, clean up, remove or remediate any Hazardous Materials or contamination by Legal Requirements related to Tenant's use Hazardous Materials present on, in, at, under or occupation of emanating from the premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlords's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Demised Premises or the Project is caused by Building and/or the Entire Parcel in violation of Tenant's use ’s obligations under this Lease or occupation under any Legal Requirement regulating Hazardous Materials. The provisions of this Article 11 shall survive the Premises, expiration or because Tenant vacates the Premises, then Tenant shall pay the amount earlier termination of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). For purposes of clarification, but without limitation, and notwithstanding anything to the contrary herein, Tenant may utilize any and all as may be amended from time to timeTenant floors for laboratory purposes. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or modificationsotherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, within safe and proper manner and will not commit or without permit waste, overload the floor or structure of the Premises, subject the Premises to use that are required by Legal Requirements related to Tenant's use would damage the Premises or occupation unreasonably obstruct or interfere with the rights of Landlord or other tenants or occupants of the premisesProject. Tenant will shall not use conduct any auction, liquidation, or permit going out of business sale on the Premises, or using or allowing the Premises to be used for any purpose unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Except as may be provided under or anticipated by the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that would void which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's or Landlords's insurance’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Building Shell and Common Areas of the Project with the applicable Legal Requirements (including ADA) as of the Commencement Date. Subject to Landlord’s obligation pursuant to the immediately preceding sentence, increase following the insurance riskCommencement Date, or cause Landlord shall, as an Operating Expense (to the disallowance of any sprinkler credits. If any increase extent such Legal Requirement is generally applicable to similar buildings in the cost area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any insurance on alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s specific use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Landlord. Any occupation Tenant’s specific use of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Landlord shall be responsible, at no cost or expense to Tenant, for correcting any failure of the Building Shell and Common Areas to comply with the applicable Legal Requirements (including ADA) which were required to be complied with by Tenant prior to Landlord as of the Commencement Date shall be subject to all obligations of Tenant under this LeaseDate.
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Use. A. The demised Premises shall be used only for the purpose of general office, receiving, storing, shipping and selling (but limited to wholesale salesother than retail) products, materials materials, merchandise and merchandise alcoholic beverages made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, howeverand subject to the park covenants of record in effect as of the commencement of this Lease. Outside storage, with including without limitation, trucks (other than Tenant's "UPS" size delivery trucks) and other vehicles, is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of any auction, liquidation, or going out of business sale on the Premises. Tenant will use and shall promptly comply with all governmental orders and directives for the Premises correction, prevention and abatement of nuisances in a carefulor upon, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage connected with. the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or not take any other action that which would constitute a unreasonable nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which their Premises are situated or unreasonably interfere with their use of their respective Premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be receive, store or otherwise handle any product, material or merchandise (other than products, in normal quantities, used as a place of public accommodation under the Americans With Disabilities Act by Tenant for ordinary cleaning and janitorial supplies, products used for office purposes, and typical grocery or similar state statutes drug merchandise) which is explosive or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the premiseshighly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlords's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits, without assuming additional costs related thereto. If any increase in (See also Additional Provisions, Section 13)
B. Tenant agrees that the cost point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of any insurance on the Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses arising out of such damage or the Project is repair caused by Tenant's use negligence or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase failure to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under comply with this Leaseparagraph.
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Sources: Lease Agreement (Homegrocer Com Inc)