Common use of Use Clause in Contracts

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

Appears in 5 contracts

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

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

Appears in 5 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions. The parties agree that Premises or any contrary portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall be deemed comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to cause material the Premises, the Project, and irreparable harm the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and shall entitle Landlord to injunctive relief in addition to expense obtain any other available remedy. The uses prohibited under this Lease shall include, without limitation, and all licenses and permits necessary for the use of the Premises Premises. Tenant shall not do or a portion thereof for (i) offices permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any agency or bureau of insurance policy covering the United States Project or any state part thereof or political subdivision thereof; (ii) offices or agencies any of its contents. In the event that, by reason of any foreign governmental acts of Tenant or political subdivision thereof; (iii) offices its conduct of business, there shall be any health care professionals increase in the rate of insurance on the Building or service organization; (iv) schoolsits contents, temporary employment agencies or other training facilities which are not ancillary Tenant hereby agrees to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms pay such as radio and/or television stationsincrease. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project or the Project, injure or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectannoy them. Tenant shall not do permit any nuisance in, on or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, handleTenant shall not, store without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of hazardous within or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in about the Premises or Project without any other portion of the prior Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent of Landlord; provided that to Tenant pursuant to the foregoing sentence, Tenant shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment Further without limitation of the environmental condition of foregoing, Tenant will not permit or suffer the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed be occupied or used in a manner that minimizes disruption offensive or objectionable to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among or other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost occupants of the assessment/testing shall be reimbursed Project by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) other tenants or those having business in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 2 contracts

Sources: Lease Agreement (First National Bancshares Inc /Sc/), Agreement to Sell, Purchase and Lease (First National Bancshares Inc /Sc/)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Use. (a) The Premises shall be used for general office use, including business executive, sales and administrative office purposes, only, except as limited by Paragraph 6(b), and, subject to the terms of this Lease, uses incidental thereto, and shall be used for no other purpose without the prior written consent of Landlord. The use of an existing kitchenette facility located in the Premises, if any, is subject to the terms of this Lease and is deemed an incidental use. (b) Tenant may not use any part or all of the Premises for any regular retail operations, other than special pop-up or other events from time to time, but excluding any such events in the Covered Space (as hereinafter defined); offices for the conduct of any adult entertainment business or a business primarily engaged in sexually explicit products or services; a medical or dental office; manufacturing, warehousing or inventory distribution; an office providing any type of psychological or drug counseling, or employment placement or agency office; telemarketing operations; consulate, foreign mission or trade office; government or regulatory agency office; educational institution with classrooms, or similar uses. (c) Tenant shall not use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises or the Building which will in any way interfere conflict with the rights any present or quiet enjoyment of other occupants of the Building future law, statute, ordinance, code, rule regulation, requirement, license, permit, certificate, judgment, decree, order or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost direction of any insurance policy(ies) covering present or future governmental or quasi-governmental authority, agency, department, board, panel or court (singularly and collectively “Laws”). Subject to the Buildingterms of this Paragraph 6(c), the Project and/or their contentsTenant shall, and shall at its expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense Laws, including, without limitation, the Federal Americans with all present Disabilities Act (the Federal Americans with Disabilities Act, as codified in State and future lawslocal building codes, ordinances is referred to herein as the “ADA”), and requirements of all governmental authorities that pertain any Hazardous Materials Laws (as hereinafter defined), relating to Tenant or its use of affecting the Premisescondition, including without limitation all federal and state occupational health and safety and handicap access requirementsuse, whether maintenance or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant acknowledges that Landlord has disclosed to Tenant the fact that the Project is a grouping of historic buildings that contain architectural and design elements that may not comply with the ADA. In connection with the delivery of possession of the Premises to Tenant, Landlord shall provide ADA compliant path of travel to the Premises, including constructing a new Building lobby on the ▇▇▇ ▇▇▇▇▇▇ entrance to the Building. To the extent certain Building amenities are not available to persons with physical disabilities, Landlord will institute throughout the Term of this Lease administrative protocols that offer access on an “as needed” basis to alternative facilities in the Project (which may include the Building management office) that offer comparable public accommodations to invitees with physical disabilities. Subject to the foregoing, it is the intent of the parties to allocate to Tenant the cost of compliance of any and all Laws, regardless of the existing condition of the Premises, the cost of compliance or the foreseeability of the enactment or application of the Laws to the Premises. Notwithstanding the foregoing, Tenant shall not generatebe required to make structural changes to the Premises unless they arise or are required because of or in connection with Tenant’s specific use of the Premises for other than general office use, handleor the type of business conducted by Tenant in the Premises, store or dispose Tenant’s Alterations, (and exclusive of hazardous the Tenant Improvements performed by Landlord), or toxic materials Tenant’s acts or omissions. In accordance with California Civil Code Section 1938, Landlord hereby discloses, and Tenant acknowledges, that neither the Premises nor the Building has been inspected by a Certified Access Specialist. As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, by their execution of this Lease, Landlord and Tenant hereby agree that, without limiting Tenant’s obligations to comply with the ADA and Laws as such materials may provided in the Lease, subject to the performance by Landlord of the ADA compliant work provided in this Paragraph, tenant, at its sole cost and expense, shall be identified solely responsible for making any improvements, alterations, modifications and/or repairs within or to the Premises to correct violations of construction-related accessibility standards as disclosed by any Tenant-performed CASp inspection shall be allocated in accordance with the terms of this Paragraph 6(c). (d) Supplementing the provisions of Paragraph 6(c) above, Tenant shall not use the Premises or any portion of the Building in violation of any federal, state state, or local law law, ordinance, or regulation) regulation relating to the environment, health, or safety. Tenant shall not use, generate, manufacture or store in or about the Premises or the Building or transport to or from the Premises or the Building any explosives, radioactive materials, hazardous materials, hazardous wastes, asbestos, flammable petroleum products, PCB transformers, toxic substances or related materials (collectively ‘ Hazardous Materials”), other than the use and storage in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant small quantities of customary such substances when found in commonly used household cleansers, office supplies and general office equipment, and any such substances shall be used, kept, stored and disposed of, in normal quantities so long as such use comports strict accordance with all applicable federal, state and local laws now in force or which may hereafter be in force relating to the protection of human health or the environment from Hazardous Materials, including all requirements pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, storage, disposal or releases of Hazardous Materials and all requirements pertaining to the protection of the health and safety of employees or the public with respect to Hazardous Materials (collectively, “Hazardous Materials Laws”). Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous waste” or “waste” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq.; those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in subdivision (f) of Section 25281, and Section 25316, of the California Health & Safety Code; substances defined as “mold” in subdivision (g) of Section 26101 of the Health & Safety Code (the “Toxic Mold Protection Act of 2001”); and any “waste” as defined in subdivision (d) of Section 13050 of the Water Code; and in the regulations adopted and procedures promulgated pursuant to any of the aforementioned laws. Tenant agrees that it shall promptly complete ; and deliver to Landlord in any disclosure form regarding hazardous revised or toxic materials that may be required successor code thereto; and any other chemical, material or substance at levels for which exposure is prohibited, limited or regulated by any governmental agencyauthority. To Landlord’s actual knowledge, no Hazardous Materials exist on or about the Premises, as of the date of this Lease in violation or at levels that exceed that permitted under Hazardous Materials Laws. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant be obligated to indemnify, defend and hold Landlord harmless from and against any Hazardous Materials placed on, under or about the Project or the Building (including without limitation the Premises) prior to the Commencement Date, unless such conditions are knowingly or negligently exacerbated by Tenant or any contractor under the control of Tenant, in which event such condition shall alsobe subject to the Tenant indemnification hereinabove provided, from time and, subject to time upon request by the foregoing, the cost to remove and remediate any such Hazardous Materials shall be at the sole cost and expense of Landlord. (e) Subject to Landlord’s right to temporarily or permanently close, execute remove or alter such affidavits concerning areas, Tenant and Tenant’s best knowledge employees, invitees and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord licensees shall have the right at any time to perform an assessment use, in common with others, the outdoor walkways, pathways and seating areas (if any) located within the Project. Subject to compliance with the terms of this Lease and the environmental condition of Building Rules, Tenant and its authorized personnel shall have reasonable access to the Premises and of Tenant’s compliance with this Section. As part of any such assessmentseven days per week, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in on a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease24-hour-per-day basis.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Section 1.G. of the Basic Lease ProvisionsProvisions and shall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and ▇▇▇▇▇▇ agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. The parties Landlord shall reasonably cooperate with Tenant, in such manner as Tenant may reasonably request, in assisting Tenant to obtain any governmental permits or approvals necessary to enable Tenant to use the Premises for any Permitted Use, provided that Landlord shall not be obligated to incur any out‑of‑pocket costs or expenses, incur any liability or agree to any restriction on uses or any change in the zoning for any portion of the Project in connection with any such request. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements (including, without limitation all Environmental Laws as defined in Section 28(e) below and any accessibility or sustainability laws or requirements) now in force or which may hereafter be in force (collectively, “Laws”) relating to or affecting (i) Tenant’s particular use or occupancy of the Premises, and (ii) improvements, trade fixtures and equipment installed or constructed in the Premises by or for the benefit of Tenant. Tenant hereby agrees and acknowledges that the manufacture, cultivation, sale, use, trade or possession of any drugs or other substance in violation of the laws of the United States of America in the Premises shall be a material breach of this Lease (without any applicable notice and cure period) notwithstanding that any contrary use laws of the Commonwealth of Massachusetts permit the manufacture, cultivation, sale, use, trade or possession of such drugs or other substances for recreational or medicinal purposes, including without limitation, cannabis, cannabinoids or any derivations thereof. Tenant shall be deemed not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises to cause material occupy the Premises at any time. Tenant shall comply with, and irreparable harm to Landlord ▇▇▇▇▇▇’s rights and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited obligations under this Lease shall include, without limitation, and ▇▇▇▇▇▇’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, restrictions and other Underlying Documents now or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or hereafter affecting the Project. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters rulesunderwriters, and Tenant shall promptly within thirty (30) days after Tenant’s receipt of an invoice therefor reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s use of the Premises or failure to comply with the provisions of this Article 7. Tenant shall comply at its expense with all present Landlord’s reasonable sustainability practices applicable to the Project and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its shall not permit any use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment Premises which may affect the continued certification of the PremisesProject issued pursuant to the United States Green Building Council’s Leadership in Energy and Environmental Design (“LEED”) rating system (or other applicable certification standard). Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided Landlord represents that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete Building is zoned for laboratory for research and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasedevelopment work.

Appears in 2 contracts

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

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

Appears in 2 contracts

Sources: Airport Hangar Lease, Airport Hangar Lease

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

Appears in 2 contracts

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

Use. Tenant shall use the Premises only solely for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Permitted Use, and shall entitle Landlord not use the Premises, or permit or suffer the Premises to injunctive relief in addition to be used, for any other available remedypurpose without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. The uses prohibited under this Lease Tenant shall includecomply, without limitationand cause Tenant Parties to comply, use with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises or a any portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in make any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste penetrations in the Premises or roof of any Building without the Projectconsent of Landlord, and any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall not do commit, or permit allow Tenant Parties to be done anything which will invalidate or increase the cost of commit, any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment waste of the Premises. Tenant shall not generatedo, handleor permit Tenant Parties to do, store anything on or dispose of hazardous or toxic materials (as such materials may be identified about the Premises that in any federalway invalidates or prevents the procuring, state of any insurance protecting against loss or local law or regulation) in damage to any portion of the Premises or Project without the prior written consent its contents, or against liability for damage to property or injury to persons in or about any portion of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of For purposes hereof, "Tenant Parties" means Tenant’s compliance with this Section. As part of any such assessment's agents, Landlord shall have the rightcontractors, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agentssubcontractors, employees, contractorscustomers, subtenants licensees, invitees, assignees and subtenants; and the term "Applicable Laws" means all federal (to the extent not in direct conflict with applicable state, municipal or licenseeslocal cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any portion thereof, Landlord or Tenant, including both statutory and common law, hazardous waste rules and regulations, and state cannabis licensing and program laws, rules and regulations. The foregoing covenants shall survive Tenant may only place equipment within the expiration or earlier termination Premises with floor loading consistent with the applicable Building's structural design unless Tenant obtains Landlord's prior written approval. Tenant may place such equipment only in a location designed to carry the weight of this Leasesuch equipment.

Appears in 2 contracts

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

Use. The Premises may be used only for general office purposes in connection with Tenant’s business and may be occupied by no more than four (4) persons per one thousand (1,000) rentable square feet (the “Permitted Use”), but for no other use without Landlord's prior written consent. Tenant shall never make any use of the Premises only for the purposes stated which is in Item 3 violation of any governmental laws, rules or regulations, whether now existing or hereafter enacted or which is in violation of the Basic Lease Provisionsgeneral rules and regulations for tenants (a copy of the present rules are attached as Exhibit B) as may be developed or modified from time to time by Landlord, provided such rules are uniformly applicable to all tenants in the Building (the "Rules and Regulations"), nor may Tenant make any use of the Premises not permitted, or otherwise prohibited, by any restrictive covenants which apply to the Premises. The parties agree Tenant may not make any use that is or may be a nuisance or trespass, which increases any contrary use shall be deemed to cause material and irreparable harm insurance premiums, or makes such insurance unavailable to Landlord and on the Building. In the event of an increase in any of Landlord's insurance premiums which results from Tenant's use or occupancy of the Premises, Landlord may treat such use as a default hereunder unless Tenant, promptly upon receipt of Landlord’s demand, either discontinues such use or pays the amount of the premium increase. Tenant shall entitle not install any equipment in the Premises that places unusual demands on the electrical, heating or air conditioning systems (“High Demand Equipment”) without Landlord’s prior written consent. No such consent will be given if Landlord determines, in its opinion, that such equipment may not be safely used in the Premises or that electrical service is not adequate to injunctive relief in addition to any other available remedysupport the equipment. The uses prohibited under this Lease shall includeLandlord’s consent may be conditioned, without limitation, use upon separate metering of the Premises or a portion thereof for (i) offices High Demand Equipment and Tenant’s payment of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsall engineering, temporary employment agencies or other training facilities which are not ancillary to corporateequipment, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere installation, maintenance, removal and restoration costs and utility charges associated with the rights or quiet enjoyment of other occupants of High Demand Equipment and the Building or the Project, or use or allow the Premises to be separate meter. If High Demand Equipment used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete affects the temperature otherwise maintained by the heating and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoair conditioning system, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment install supplemental air conditioning units in the Premises with the reasonable costs of engineering, installation, operation and maintenance of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice units to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to be paid by Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding All costs and expenses relating to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing High Demand Equipment shall be reimbursed Additional Rent, payable by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements upon receipt of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLandlord’s invoice.

Appears in 2 contracts

Sources: Short Term Office Lease (NephroGenex, Inc.), Short Term Office Lease (NephroGenex, Inc.)

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

Appears in 2 contracts

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

Use. 10.1 Tenant shall may use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material laboratory research and irreparable harm to Landlord development and shall entitle Landlord to injunctive relief in addition to any related administrative, office and other available remedy. The ancillary uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for as permitted by (i) offices the applicable zone under the City of any agency or bureau of the United States or any state or political subdivision thereof; San Diego Land Development Code, (ii) offices or agencies of any foreign governmental or political subdivision thereof; other laws, regulations, ordinances, and permits applicable to the Project, and (iii) offices of any health care professionals or service organization; (iv) schoolsall covenants, temporary employment agencies or other training facilities which are not ancillary to corporateconditions and restrictions recorded against the property, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant and shall not do use the Premises, or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow suffer the Premises to be used for any unlawful purposeother purpose without the prior written consent of Landlord. 10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, nor state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant permit shall comply with any nuisance direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or commit occupancy of the Premises, impose any waste in duty upon Tenant or Landlord with respect to the Premises or with respect to Tenant’s particular use or occupation thereof. Tenant shall not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manner that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project. . 10.3 Tenant shall not do or permit to be done anything which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy(ies) policy covering the BuildingPremises, the Project and/or their contentsor which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances orders, regulations and requirements of all governmental authorities that pertain to Tenant or its use the insurers of the Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in cause the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements Americans with Disabilities Act of this Section1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. In All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises after the Term Commencement Date shall be exclusively that of Tenant and not of Landlord, including any duty to make capital improvements, alterations, repairs and replacements to the Premises; provided, however, (i) Landlord shall be responsible for compliance with the ADA to the extent of a violation of Landlord’s warranty in Section 14.3; (ii) Landlord shall make all events improvements outside of the Premises required for compliance with the ADA (with only the amortized costs of capital improvements payable by Tenant as an Operating Expense under Section 7.1(b)); and (iii) neither Tenant nor Landlord shall be required to make capital improvements, alterations, repairs or replacements to comply with the ADA unless and until required to do so by order of a government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. 10.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant acknowledges that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, and is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. Notwithstanding the foregoing, subject to Landlord’s reasonable approval and all applicable laws, Tenant shall indemnify each be entitled to display at least one exterior sign identifying Tenant near the entrance to the Building. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the “Indemnified Parties” (as defined in Section 10.3) in Lease, all signs shall be the manner elsewhere provided in this Lease property of Tenant and may be removed from any release of hazardous or toxic materials caused the Premises by Tenant, its agentssubject to the provisions of Article 36. 10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.7 Tenant shall not use or allow the Premises to be used for any unlawful purpose, employeesnor shall Tenant cause, contractorsmaintain or permit any nuisance or waste in, subtenants on, or licensees. The foregoing covenants about the Premises. 10.8 Landlord shall survive provide services to the expiration or earlier termination of this LeaseProject described on Exhibit H attached hereto, subject to reimbursement by Tenant as Operating Expenses pursuant to Section 7.1(b).

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Use. 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 shall and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the purposes stated Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in Item 3 a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Basic Lease ProvisionsPremises or subject the Premises to use that would damage the Premises. The parties agree 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 contrary use 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 prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be deemed permitted to cause material park trucks and irreparable harm 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 Landlord 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 entitle Landlord to injunctive relief use and occupy the Premises in addition to any other available remedy. The uses prohibited under this Lease shall includecompliance 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”). 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 Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall will not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposepurpose or in any manner that would void Tenant's or Landlord's insurance, nor shall Tenant permit increase the insurance risk, or cause the disallowance of any nuisance or commit sprinkler credits. If any waste increase in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering on the Building, Premises or the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant is caused by Tenant's use or its use occupation of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsor because Tenant vacates the Premises, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment then Tenant shall pay the amount of such increase to Landlord. Any occupation of the PremisesPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall not generate, handle, store or dispose relate only to the interior of hazardous or toxic materials (as such materials may be identified in the Premises and any federal, state or local law or regulation) in changes to the Premises or Project without the prior written consent Building that relate solely to the specific manner of Landlord; provided that use of the foregoing Premises by Tenant, and Landlord shall not be deemed make all other additions to proscribe or modifications of the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be Premises required by any governmental agency. Tenant shall also, from time to time upon request 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, execute such affidavits concerning Tenant’s best knowledge and belief regarding 's sole responsibility pursuant to the presence provisions of hazardous or toxic materials in the Premisesthis Lease. Landlord shall have represents that the right at any time improvements constructed or installed by Landlord pursuant to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice Construction Addendum attached to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release shall comply in all material respects with all applicable covenants or restrictions of hazardous or toxic materials caused by Tenantrecord and all applicable laws, its agentsbuilding codes, employees, contractors, subtenants or licensees. The foregoing covenants shall survive regulations and ordinances in effect on the expiration or earlier termination Commencement Date of this Lease.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Use. Tenant shall (a) Not to carry on any business or trade or profession whatsoever on the Premises or place or exhibit any notice board or notice on the Premises but to use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary as a single private residence only (b) Not to use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant illegal or immoral purposes (c) Not to do or permit any nuisance or commit any waste in suffer to be done on the Premises or any part thereof anything which may in the Project. Tenant shall not reasonable opinion of the Landlord be or become a nuisance or annoyance or in anyway interfere with the quiet enjoyment of the owners or occupiers of the adjoining premises or the Landlord (d) Not to do or permit suffer to be done on the Premises or to their contents anything which will invalidate may make void or voidable any insurance of the Premises or increase the cost ordinary premium thereon and to repay to the Landlord all sums paid by way of increased premium and all expenses incurred by him in or about any renewal of any insurance policy(ies) covering such policy rendered necessary by a breach of this covenant and all such payments shall be added to the Building, the Project and/or their contents, Rent herein before reserved and shall be recoverable as Rent (e) Not to keep or allow to be kept animals pets or livestock on the Premises without the Landlord's prior written consent (such consent not to be unreasonably withheld) provided that the Landlord shall be entitled to revoke any such content at any time) (f) Not to keep or allow to be kept or use upon the Premises any heater or like equipment which requires gas paraffin or other liquid fuel or any combustible explosive offensive goods provisions or materials and to fully comply with all applicable insurance underwriters rules. Tenant shall fire precautions or fire regulations made by the Landlord or the appropriate Fire Authority (g) Strictly observe and comply with (a) all statutory requirements and regulations which may at its expense anytime apply to the Premises and/or this tenancy and (b) all directions of notices received from any Local Authority or Fire Authority and/or electricity water or gas supplier and allow access for all such repairs and works as are necessary and co-operate with all present the Landlord and future laws, ordinances the Landlord's Agent (h) Not to obstruct common passageways and requirements of all governmental authorities that pertain to Tenant or its use staircases and hallway of the Premises, building nor place nor keep anything thereon or therein (i) Not to leave the Premises vacant or unoccupied for a period in excess of 21 consecutive days without first giving written notice to the Landlord (j) Ensure that whenever (or for however short a period) the Premises is left unattended all external doors and windows are properly secured by locks and other means provided by the Landlord including activating the burglar alarm (if any) (k) Not to change any codes to the burglar alarm (if any) without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment first obtaining the express consent in writing of the Premises. Tenant shall not generate, handle, store Landlord or dispose the Landlord's Agents (l) Not to play any musical instrument or sound reproduction equipment so that annoyance is caused to the occupiers of hazardous or toxic materials (as such materials may be identified any neighbouring premises and in any federal, state or local law or regulation) in event not make any such noise so as to be audible outside the Premises or Project without between the prior written consent hours of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete 10.00pm and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.8.00am

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Use. 3.1 Tenant shall use the Premises only for the purposes stated use specified in Item 3 Section 1.10 of the Basic Lease ProvisionsInformation and for no other purpose without the prior written consent of Landlord. The parties agree that If any contrary use governmental license or permit, other than a certificate of occupancy, shall be deemed to cause material required for the proper and irreparable harm to Landlord and shall entitle Landlord to injunctive relief lawful conduct of Tenant's business in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for (i) offices inspection. Tenant shall at all times comply with the terms and conditions of any agency each such license or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspermit. Tenant shall not do or permit anything to be done in in, on, or about the Premises Project or bring or keep anything therein which will will: (i) in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building or any neighboring properties to the Project, or injure or unreasonably annoy the owners or occupants of such properties; (ii) use or allow the Project to be used for any unlawful purpose; (iii) use or allow the Premises to be used for schools, government offices or other uses inconsistent with comparable Class A office, headquarters and research and development buildings; (iv) cause or maintain or permit any unlawful purposenuisance, nor shall Tenant permit commit or allow the commission of any nuisance or commit any waste in the Premises or the Project. Tenant shall not do waste, nor use or permit anything to be done anything which will invalidate in any way conflict with any law, statute, ordinance, or governmental rule or regulation applicable to Tenant now in force or which may hereafter be enacted or promulgated; and (v) in any way increase the cost rate of any insurance policy(ies) covering the Building, upon the Project and/or their contentsor any of its contents or cause a cancellation of said insurance or otherwise affect said insurance in any adverse manner. Tenant shall, at its sole cost and shall expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances statutes, ordinances, and governmental rules, regulations, or requirements of all governmental authorities that pertain ("Legal Requirements") applicable to Tenant or its Tenant's particular use of the PremisesPremises now in force or which may hereafter be in force, including without limitation all federal and state occupational health and safety and handicap access requirementswith the requirements of any board of fire underwriters or similar body now or hereafter constituted relating to or affecting Tenant's particular use, whether alteration, or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports also promptly comply with all applicable laws. Tenant agrees private restrictions now or at any time hereafter encumbering the Project, including without limitation that it shall promptly complete certain Declaration, Covenant for Easement and deliver Maintenance Agreement and that certain Grant of Trail Easement and Maintenance Agreement to be recorded against the Project, provided however, that with respect to any other future private restriction which Landlord any disclosure form regarding hazardous or toxic materials that may be required voluntarily elects (and not mandated by any governmental agency. Tenant shall also, from time authority or otherwise required due to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence 's particular use of hazardous or toxic materials in the Premises. Landlord ) to record as an encumbrance against the Project, Tenant shall have the right at to review and reasonably approve any time provisions of such voluntary private restrictions to perform an assessment of the environmental condition of extent that the Premises and same limit any of Tenant’s compliance with 's rights or increase any of Tenant's obligations under this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to TenantLease. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding shall not be required to inquiries and providing relevant documentation and records. The reasonable cost of make structural changes to the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Buildings or the Park Common Areas to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” Legal Requirements, unless related to or affected by: (as defined in Section 10.3i) in the manner elsewhere provided in this Lease from any release of hazardous alterations or toxic materials caused improvements made by or for Tenant, its agents, employees, contractors, subtenants including without limitation any structural or licensees. The foregoing covenants shall survive other changes resulting from Tenant's use of or acts at the expiration or earlier termination of this Lease.Premises; or

Appears in 1 contract

Sources: Lease (Western Digital Corp)

Use. The Premises shall be used and occupied by Tenant shall solely for general office purposes and for no other use or purpose whatsoever. Notwithstanding anything to the contrary in this Lease, in no event may the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or operated as a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsculinary school. Tenant shall not do or permit anything to be done in or about abandon the Premises which will in any way interfere with during the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesTerm. Tenant shall comply at its expense with all present and future laws, regulations, rules, orders, statutes and ordinances of any governmental or private entity in effect on or after the date of this Lease and requirements applicable to the Project or the use or occupancy of the Project, including, without limitation, Hazardous Materials Laws, Building Rules and Encumbrances (collectively, "Laws") relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all governmental authorities such Laws; provided, however, that pertain Tenant will only be required to Tenant or its make structural repairs, alterations and improvements if the same are required by Laws as a result of Tenant's manner of use of the Premises). Tenant will not use the Project or knowingly permit the Premises to be used in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Project; (b) make void or voidable any insurance now or after the date of this Lease in force with respect to the Project; (c) cause injury or damage to the Project or to the person or property of any other tenant on the Project; (d) cause substantial diminution in the value or usefulness of all or any part of the Project (reasonable wear and tear excepted); or (e) constitute a public or private nuisance or waste. Tenant will obtain and maintain, including without limitation at Tenant's sole cost and expense, all federal permits and state occupational health and safety and handicap access requirements, whether or not approvals required under the Laws for Tenant’s compliance will necessitate expenditures or interfere with its 's use and enjoyment of the Premises. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, for the operation of a culinary school, for any governmental use (including embassy or consulate use), for any personnel agency or customer service office, for studios for radio, television or other media or for a travel agency or reservation center. Tenant shall not generatenot, handlewithout the prior consent of Landlord, store (i) bring into the Building or dispose of hazardous the Premises anything that may cause substantial noise, odor or toxic materials (as such materials may be identified in any federalvibration, state or local law or regulation) overload the floors in the Premises or Project without the prior written consent Building or any of Landlordthe heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; provided that (ii) connect to the foregoing shall not be deemed utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to proscribe any electrical circuit in the use by Tenant Premises any equipment or other load with aggregate electrical power requirements in excess of customary office supplies in normal quantities so long as such use comports with all applicable lawseighty percent (80%) of the rated capacity of the circuit. Tenant agrees acknowledges that it shall promptly complete and deliver neither Landlord nor any agent, contractor or employee of Landlord has made any representation or warranty of any kind with respect to Landlord the Premises, the Building or the Project, specifically including, but not limited to, any disclosure form regarding hazardous representation or toxic materials that may be required by warranty of suitability or fitness of the Premises, Building or the Project for any governmental agencyparticular purpose. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in accepts the Premises. Landlord shall have , the right at any time to perform Building and the Project in an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseAS IS - WHERE IS" condition.

Appears in 1 contract

Sources: Lease Agreement (Yelp Inc)

Use. Tenant Lessee shall use the Premises only solely for the purposes stated in Item 3 of manufacturing, marketing and distribution. Lessee shall not use, or permit or suffer the use of, the Premises for any other business or purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (other than vehicles used for daily transportation) outside of the Basic Lease Provisionsleased premises without the prior written consent of Lessor. The parties agree that any contrary use If Lessee does so, Lessee shall be deemed considered to cause material have abandoned such property and irreparable harm Lessor may, at its option and without prejudice to Landlord any of Lessor's other rights or remedies hereunder or at law or equity, remove or retain the property, whereupon all rights of the Lessee with respect to it shall cease. If Lessor removes and/or stores the property in public storage for the Lessee's account, the Lessee shall be liable to the Lessor for, and shall entitle Landlord pay to injunctive relief Lessor forthwith on demand, the cost of removal and storage, with interest at ten percent (10%) per annum on all such expenses from the date of expenditure by the Lessor. Lessee shall not receive, store, or otherwise handle anything which is explosive or highly inflammable in addition to or from the Premises. No auction, fire or bankruptcy sales may be conducted in or from the Premises without the previous written consent of Lessor. Lessee shall not use, or permit or suffer in the Premises anything that will increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any other available remedy. The uses prohibited under this Lease shall include, without limitation, use ruling of the Premises State Insurance Rating Bureau, or a portion thereof its successors, which would allow the Lessor to obtain reduced rates for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useslong term insurance policies; or (vi) communications firms such as radio and/or television stations. Tenant shall not do maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done in or about upon the Premises which will in any way interfere with tending to create a safety hazard or nuisance or to disturb any other lessees of Lessor in the rights Complex; or quiet enjoyment of other occupants of the Building or the Project, or to use or allow permit the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for lodging or sleeping purposes, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures for any immoral or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseillegal purposes.

Appears in 1 contract

Sources: Lease Agreement (Direct Focus Inc)

Use. The Premises shall be used and occupied by Tenant for grazing purposes and uses incidental thereto and for no other purpose whatsoever. Without limiting the foregoing, in no event shall Tenant plant any crops on the Premises. Tenant shall use cause the Premises only for to be operated and maintained in good condition and repair, in a prudent and reasonable manner in accordance with good and approved grazing practices in the purposes stated in Item 3 vicinity of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed Premises and in compliance with (i) all federal, state and local laws, rules and regulations, including laws, rules and regulations applicable to cause material Hazardous Substances as defined in Paragraph 9 (individually and irreparable harm to Landlord collectively, “Applicable Law”), (ii) all requirements of all governmental, quasi governmental and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includepublic agencies having jurisdiction over the Premises and/or the operations of Tenant (“Governmental Agencies”), and (iii) all restrictions and reservations now or hereinafter recorded against the Premises, including, without limitation, that certain Grant of Perpetual Conservation Easement for the XXXX Ranch Preserve recorded in the Official Records of XXXXX County on Month Day, Year as Instrument No. XXXX- XXXXXX (the “Conservation Easement”). Tenant shall not use or permit the use of the Premises in any manner that may tend to create waste or a portion thereof for (i) offices of any agency or bureau nuisance. Additionally, without limiting the generality of the United States or any state or political subdivision thereof; (ii) offices or agencies foregoing, the following provisions shall govern the use of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsthe Premises: 7.1 Tenant shall, temporary employment agencies or other training facilities which are not ancillary to corporateat all times, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about , occupy and operate the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow a clean and healthful manner so that at all times the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in and Tenant’s operations on the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with satisfy all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Governmental Agencies and Applicable Law. 7.2 Tenant shall, at all times, comply with and satisfy all waste discharge requirements of all Governmental Agencies and Applicable Law. 7.3 Tenant shall at all times install, operate and maintain in good, safe and working condition and repair all safety equipment required by any Governmental Agencies and Applicable Law. 7.4 Prior to Tenant or its Tenant’s use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsan in any event prior to occupancy by any cattle on the Premises, whether or not Tenant shall obtain at Tenant’s compliance will necessitate expenditures or interfere with its use expense any and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous permits or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning approvals necessary for Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition use of the Premises pursuant to this Agreement, including, without limitation, any permit required from the U.S. Army Corps of Engineers, the U.S. Fish and of Tenant’s compliance with this Section. As part of Wildlife Service and any such assessmentother applicable agency, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection accordance with any assessment byand all existing permits, among other thingsrestrictions and approvals affecting the Premises, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of including, without limitation, the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseConservation Easement.

Appears in 1 contract

Sources: Agricultural Lease Agreement

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

Appears in 1 contract

Sources: Lease Agreement (Ascent Pediatrics Inc)

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

Appears in 1 contract

Sources: Office Lease (Star Telecommunications Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

Use. Tenant agrees that during the term of this Lease, Demised Premises shall use the Premises be used and occupied only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used research, development and light assembly and offices incidental thereto and for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsparking incidental thereto, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project for no other purposes without the prior written consent of Landlord; provided . 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 foregoing shall not be deemed failure of the Tenant to proscribe carry out its obligation under the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsLease. Tenant agrees that it during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall promptly complete impede ingress or egress to, or use of, the 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 Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utilities conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the 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 odor from the Demised Premises; Tenant shall procure all licenses and deliver to Landlord any disclosure form regarding hazardous or toxic materials that 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 therefore as may be prescribed by any governmental agency. Tenant shall alsoLandlord and consistent with all local, state and federal regulations that may apply; and no sign may be installed upon the Demised Premises which is visible from time to time upon request by the exterior of the Building, without the consent of Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding except that one sign shall be erected upon the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment exterior of the environmental condition of Demised Premises which will be the Premises type utilizing individual letters such as those in Landlord's Hopkinton Technology Park having letters not to exceed one foot in height and of Tenant’s compliance with this Section. As part of any if Tenant includes an insignia in such assessmentsign, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing such insignia shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with separate and not over two feet in height and width at the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasehighest and widest points.

Appears in 1 contract

Sources: Lease Agreement (A123 Systems Inc)

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

Appears in 1 contract

Sources: Industrial Lease (New Century Financial Corp)

Use. Tenant Lessee shall use the Premises only for general office uses, or for such other uses as are reasonably comparable to such use (for example, professional offices, general commercial offices, and so forth). Lessee shall not use the purposes stated Premises for any other purpose without Lessor’s written consent, which consent shall not be unreasonably withheld. The spectrUM Discovery Area is an interactive science museum committed to inspiring a culture of learning and discovery for all Montanans. It provides world-class exhibit-based education to tens of thousands of Montanans annually, through an array of programming including field trips, public hours as well as afterschool and summer enrichment camps. In the Maya Building, spectrUM will house interactive exhibits, a small neuroscience lab that is designed to be an exhibit in Item 3 itself, a classroom space, office space, and small merchandise area. Lessee further agrees to the following use provisions, which Lessor represents shall be included in every lease for portions of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of building where the Premises or a portion thereof for is located: (ia) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful or extra- hazardous purpose, nor . Lessee shall Tenant permit any nuisance or commit any waste in use the Premises or the Project. Tenant shall not do or permit in such a manner as to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, conform to and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with obey all present and future laws, ordinances ordinances, rules, regulations, requirements and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant agencies. (b) Lessee shall not generatemake or allow any unlawful, handle, store improper or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the offensive use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Sectionshall not suffer any unreasonable deterioration or waste thereof. As part of Lessee shall not permit any such assessment, Landlord shall have the right, upon reasonable prior notice objectionable noise or odor to Tenant, to enter and inspect escape or be emitted from the Premises and or do or permit anything to perform tests, provided those tests are performed be done on or about the Premises in any way tending to create a manner that minimizes disruption nuisance. Lessee shall not allow or cause any obstructions on the walkway areas around the Premises nor shall Lessee sell or display any merchandise on or about the walkway areas in front of or alongside the Premises without Lessor’s prior written consent. Lessee shall not sell or permit to Tenantbe sold any alcoholic beverages on the Premises. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding Lessor grants Lessee the right to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant provide alcoholic beverages for sale during catered fundraising events to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvitees only at said fundraising events.

Appears in 1 contract

Sources: Commercial Lease Agreement

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

Appears in 1 contract

Sources: Industrial Lease (HNC Software Inc/De)

Use. Tenant A. The Premises shall use the Premises only be used for the purposes stated Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Item 3 Landlord’s sole discretion. Without limiting the generality of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The foregoing, uses prohibited under this Lease shall include, without limitation, include use of the Premises or a any portion thereof for (ia) offices of any agency or bureau of the United States or States, any state or municipality, or any political subdivision thereof; (iib) offices or agencies of any foreign governmental government or political subdivision thereof; (iiic) offices of any health care professionals or health care service organizationorganization providing services to patients directly from the Premises; (ivd) schools, temporary employment agencies schools or other training facilities which that are not ancillary to corporate, executive or professional office useuse and offer instruction directly from the Premises; (ve) retail or restaurant usesuses serving the public (e.g., a “store” rather than offices for a retail concern); or (vif) communications firms such as radio and/or television stations; (g) telemarketing or customer order/reservation services for third parties; (h) any use that is illegal or dangerous; or (i) any use that would result in an occupancy density in the Premises that is greater than the occupancy density permitted under this Lease. Tenant shall not do create any nuisance or permit anything to be done any waste in or about the Premises which will or elsewhere in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance odor, smoke, dust, gas, noise or commit any waste in the Premises or the Project. Tenant shall not do or permit vibration to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of emanate from the Premises. Tenant shall not generateuse or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, handlethe Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall, store or dispose at its sole cost and expense, comply with any and all reasonable requirements of hazardous or toxic materials Landlord’s and Tenant’s insurers. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than the Permitted Use. Landlord acknowledges that subject to applicable Laws (as defined below) occupancy at the rate of one person per 135 rentable square feet of area is permissible and is not a violation of the Permitted Use; provided, however, that, if any Building systems (such materials may as HVAC systems) are required to be identified installed or upgraded due to such increased occupancy in any federal, state or local law or regulation) in order to achieve proper air ventilation (including air conditioning and air circulation for the comfortable occupancy of the Premises in accordance with the requirements of Paragraph 8.A(iii)), any such additional equipment or Project without the prior written consent of Landlord; provided that the foregoing upgrades shall not be deemed Supplemental Equipment and Tenant shall be solely responsible for the payment of all costs incurred in connection with the installation of or upgrade to proscribe such Building systems. Upon reasonable prior notice to Landlord and after coordinating with Landlord regarding availability, Tenant may use and access the loading dock of the Building and associated corridors in connection with Tenant’s use of the Premises. B. Tenant shall, at Tenant’s expense, faithfully observe and comply with, and shall cause all Tenant Parties to so observe and comply with, (a) all laws, statutes, codes, rules, regulations, ordinances, requirements, guidelines and orders, now in force or hereafter promulgated or adopted, by any Governmental Authority (collectively, “Laws”) that are applicable to the particular use and occupancy of the Premises by Tenant, the conduct of Tenant’s business therein, and the use by Tenant or any Tenant Party of customary office supplies the Premises or any other portion of the Project; (b) all recorded covenants, conditions and restrictions affecting the Project, whether presently existing or subsequently recorded (collectively, “CC&Rs”) written notice and a copy of which is provided to Tenant; and (c) all current and future requirements of any applicable fire rating bureau or other body exercising similar functions (collectively, “Requirements”), in normal quantities so long as such each case regardless of cost, the permanency of any required improvements to comply therewith and/or the ability of the parties hereto to contemplate the enactment of said Laws. Landlord shall not modify any presently existing CC&Rs or enter into new CC&Rs in any manner that would result in a material adverse effect or would result in a material impairment or loss of any of Tenant’s rights under or in the use comports or occupancy of the Premises by Tenant in accordance with this Lease. Tenant acknowledges and agrees that its obligation to comply with Laws includes compliance with all present or future programs intended to manage parking, transportation or traffic in and around the Project, and in connection therewith, Tenant shall take responsible action for the transportation planning and management of all Tenant’s employees at the Project by working directly with Landlord, Governmental Authorities, and any applicable laws. transportation-related committees and entities. C. Tenant agrees shall be responsible, at its sole cost and expense, for the making of all alterations, additions and improvements to the Premises and/or to any Tenant Improvements, as are required to comply with applicable Laws, including, without limitation, Disability Access Laws, whether now in effect or enacted in the future and regardless of the scope of the work required to achieve such compliance, including without limitation, regardless of whether or not such Law was foreseeable, the period of time remaining in the Term, the relative benefits of compliance with such Law to Tenant or Landlord, and the relationship of the cost of compliance to the Rent payable under this Lease; provided, however, that it Tenant shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may not be required to make any structural changes to the Premises unless such changes are triggered by the Alterations or by Tenant’s specific use of the Premises for any governmental agencypurpose other than the Permitted Use. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall alsoadvise Landlord in writing, from time with copies of all notices and other correspondence, within ten (10) days following the date Tenant first has knowledge of any claim, action or investigation (whether oral or written, actual or threatened) by any person or Governmental Authority, with respect to time upon request any real or alleged noncompliance by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous Landlord or toxic materials in Tenant with any Law relating to the Premises. Landlord shall have , the right at any time to perform an assessment of Building or the environmental condition of the Premises and of Tenant’s compliance with this SectionProject. As part used herein, the term “Disability Access Laws” shall mean and refers to the building code requirements enacted by the State of any such assessment, Landlord shall have California and the right, upon reasonable prior notice City and County of San Francisco governing accessibility and barrier removals applicable to Tenant, to enter and inspect persons protected under the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost Americans With Disabilities Act of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” 1990 (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease42 U.S.C. § 12101 et seq.).

Appears in 1 contract

Sources: Office Lease Agreement (Slack Technologies, Inc.)

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

Appears in 1 contract

Sources: Lease Agreement (Endwave Corp)

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

Appears in 1 contract

Sources: Office Space Lease (Acacia Research Corp)

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

Appears in 1 contract

Sources: Net Office Lease (Splunk Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Nooney Realty Trust Inc)

Use. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1 above and for no other purpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises only for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the purposes stated Leased Premises nor bring or keep anything therein which will in Item 3 any way increase the existing rate of or affect any casualty or other insurance on the Basic Lease Provisions. The parties agree that Building or the Property, or any contrary use shall be deemed to of their respective contents, or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices cancellation of any agency insurance policy covering the Building or bureau of the United States Property, or any state part thereof or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Property which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Property and Tenant will not in any way pass out flyers or any promotional material to any individual or automobile that may be on the Property at any time. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Premises or Leased Premises, the ProjectBuilding and/or the Property. Tenant shall not do use the Leased Premises, the Building and/or the Property, or permit anything to be done anything in or about the Leased Premises, the Building and/or the Property which will invalidate in any way conflict with any matters of record, or increase the cost of any insurance policy(ies) covering the Buildinglaw, the Project and/or their contentsstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall shall, at its sole cost and expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with matters of record and all present and future laws, statutes, ordinances and governmental rules, regulations and requirements of all governmental authorities that pertain to Tenant now in force or its use of the Premises, including without limitation all federal which may hereafter be in force and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionany Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In all events addition, Tenant shall indemnify each not place a load upon any floor of the “Indemnified Parties” (as defined in Section 10.3) Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the manner elsewhere provided in this Lease from any release Leased Premises which cause noise or vibration that may be transmitted to the structure of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Sources: Lease Agreement (Asset Acceptance Capital Corp)

Use. (a) Tenant shall agrees to use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord lawful purpose and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, not use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project other purpose without the prior written consent of Landlord; provided that the foregoing , which consent shall not be deemed unreasonably withheld or delayed. (b) Tenant hereby represents and warrants that all permits and licenses needed to proscribe occupy, remain and conduct its business in the use by Premises are current and will remain in force during the Term of this Lease. (c) Tenant of customary office supplies shall conduct its operations at the Premises in normal quantities so long as such use comports a reasonable and prudent manner and in compliance with all applicable federal, state and municipal laws, ordinances, rules and regulations respecting its operations. Tenant agrees that it shall promptly complete shall: (1) comply in all material respects with all applicable federal, state and deliver local laws, statutes, regulations and ordinances; and, (2) not cause or permit to Landlord any disclosure form regarding hazardous exist, as a result of an intentional or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding unintentional action or omission on its part or on the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentthird party, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect on the Premises any activity where damage may result to the environment, unless such activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; and (3) furnish to perform testsLandlord promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, provided those tests are performed in a manner that minimizes disruption to summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Tenant. Tenant will cooperate with Landlord 's part in connection with any assessment byactivity whether or not there is damage to the environment and/or other natural resources. (d) Tenant shall not deposit, among other thingsstore, promptly responding dispose, buy, use, handle, break, discharge, spill, release, install or incorporate in the Premises any Hazardous Substances (as hereinafter defined) otherwise than in accordance with applicable law. Tenant shall not engage in any activity in violation of applicable federal, state or local laws, ordinances, notices, orders, rules, regulation and requirements relating to inquiries and providing relevant documentation and recordsthe treatment, production, storage, handling, transfer, processing, transporting, use, disposal or release of Hazardous Substances. The reasonable cost All of the assessment/testing above activities are hereinafter referred to as "Restricted Activities." "Hazardous Substances" shall mean all those substances listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302), and all amendments or changes thereto. Tenant shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply solely responsible for and shall defend, indemnify and hold harmless Landlord, and its agents, successors, and assignees, from and against all claims, actions, damages, penalties, liabilities and reasonable expenses (including without limitation, fees of attorneys, investigators, consultants and experts) arising out of or in connection with (1) the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused Restricted Activities by Tenant, its agents, contractors, employees, licensees or invitees and (2) remediation work lawfully required by governmental authorities, including the removal, clean-up and restoration work and materials necessary to return the Premises to their condition existing prior to the Restricted Activities by Tenant, its agents, contractors, subtenants employees, licensees or licenseesinvitees. The foregoing covenants Tenant's obligations under this section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Autotote Corp)

Use. Tenant (a) Subtenant shall use and occupy the Subleased Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed solely as general offices and computing facilities subject to cause material all applicable zoning, building, health and irreparable harm to Landlord other similar regulations and shall entitle Landlord to injunctive relief in addition to not use the Subleased Premises for any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purpose without the prior written consent of Landlord; provided that the foregoing Sublessor. Subtenant shall not be deemed to proscribe use or occupy the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Subleased Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant which will cooperate with Landlord violate any applicable laws, orders or regulations or any federal, state, county or municipal governments or authorities or any order or direction of any act or thing upon the Subleased Premises which will invalidate or be in connection conflict with any assessment byof Master Lessor's fire insurance policies covering the Building or which would violate any regulation, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost requirement or directive of the assessment/testing Board of Fire Underwriters, or any similar body, nor shall be reimbursed it do any act or thing upon the Subleased Premises or in the Building which would or might subject Master Lessor to any liability or responsibility for injury to any person or persons or to property by Tenant to Landlord if such assessment/testing determines that Tenant failed reason of any business or operation being carried on by Subtenant in the Subleased Premises or for any other reason. If by reason of Subtenant's failure to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each paragraph, the fire insurance rate for Master Lessor's policies at the beginning of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination Term of this Sublease or any time thereafter is higher than it otherwise would be, then Subtenant shall reimburse Sublessor as additional rent hereunder, for that part of all such fire insurance premiums thereafter required to be paid by Sublessor to Master Lessor under the Master Lease on account of such failure to comply. (b) Subtenant shall not use the Subleased Premises, or permit the Subleased Premises to be used, in any manner that is impermissible under the Master Lease, that constitutes a public or private nuisance or that interferes with the lawful use of the Building by Master Lessor, Sublessor or any other tenant of the Building. Subtenant shall observe and comply with Master Lessor's Rules and Regulations attached to the Master Lease as Exhibit B and such other rules --------- and regulations as may be established by Master Lessor pursuant to the Master Lease.

Appears in 1 contract

Sources: Sublease (Ashton Technology Group Inc)

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

Appears in 1 contract

Sources: Industrial Lease (Omm Inc)

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

Appears in 1 contract

Sources: Office/Warehouse Lease Agreement (Express Scripts Inc)

Use. Tenant shall use the Premises only The premises are to be used for the general office purposes stated in Item 3 of the Basic Lease Provisionsand uses related thereto and for no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use be made of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolspremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permits, occupancy certificate, or other entitlement affecting the rights use or quiet enjoyment of other occupants occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance policy covering the building or allow the Premises to be used for any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering policy. Tenant has heretofore provided Landlord with a list of equipment to be used in the Buildingpremises and has informed Landlord that its use of the premises involves desktop publishing (not printing presses). Based on such information, Landlord acknowledges that Tenant’s contemplated use of the Project and/or their contents, premises as described above is in compliance with the existing laws affecting the building and shall comply with all applicable insurance underwriters rulesis a permitted use under this Paragraph 4. Tenant shall comply at its own expense comply with all present and future laws, ordinances and ordinances, orders, rules, regulations, and/or requirements of all governmental authorities that pertain pertaining to Tenant the condition, use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment activities therein, provided that nothing in this Paragraph 4 shall require Tenant to make any structural alterations to any part of the Premisesbuilding or to remove or otherwise remediate any toxic or hazardous substances not placed in the premises by Tenant. Should any future law prevent Tenant’s specific use or occupancy of the premises, as herein contemplated, Tenant shall have the right to terminate this lease, provided that Tenant has used due diligence to comply with the requirements of any such law but is unable to do so without changing the basic nature of its business. Tenant shall not generatecommit, handleor suffer to be committed, store any waste upon the premises, or dispose any public or private nuisance, or other act or thing which may obstruct or disturb the quiet enjoyment of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) other tenant in the Premises Project, or Project be incompatible with a first class office building, nor shall Tenant, without the written consent of Landlord, use any apparatus, machinery or device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this lease. Tenant shall not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by the air conditioning equipment, without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant further agrees that it shall promptly complete and deliver not to Landlord connect with electric wires or water or other pipes any disclosure form regarding hazardous apparatus, machinery or toxic materials that may be required by any governmental agencydevice without the consent of Landlord. Tenant shall alsomay install the usual office machines and equipment, from time to time upon request by Landlordsuch as electrical typewriters, execute such affidavits concerning Tenant’s best knowledge adding machines, teletypewriters, computers, computer work stations and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises computer equipment and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasesimilar equipment.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Use. Tenant shall use the Premises only solely for the purposes stated set forth in Item 3 Section 1.13. Landlord or Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way cause the cancellation or increase the existing rate of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any fire or other available remedy. The uses prohibited under this Lease shall include, without limitation, use of insurance upon the Premises or a portion thereof for (i) offices of any agency the Project. Landlord or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the reasonable rights or quiet enjoyment of other tenants or occupants of the Building Project and Landlord or Tenant shall prevent odors, emissions, fumes, liquids or other substances or excessive noise from escaping or extending beyond the ProjectPremises, nor shall Landlord or Tenant use or allow the Premises or common areas of the Project to be used for any unlawful or extra hazardous purpose, nor . Tenant shall Tenant permit any nuisance refrain from using or commit any waste in permitting the use of the Premises or the Projectany portion thereof as living quarters, sleeping quarters or for lodging purposes. Tenant shall not do or permit to be done anything which will invalidate or increase the shall, at its sole cost of any insurance policy(ies) covering the Buildingand expense, the Project and/or their contents, and shall promptly comply in all material respects with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future federal, state, county, or municipal laws, ordinances and ordinances, rules, regulations, directives, covenants, restrictions, orders and/or requirements of all governmental authorities that pertain now in force or which may hereafter be in force with respect to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its 's specific use and enjoyment occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Landlord or Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state action against Landlord or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform testswhether Landlord or Tenant be a party thereto or not, provided those tests are performed in a manner that minimizes disruption to Tenant. Landlord or Tenant will cooperate with Landlord in connection with has violated any assessment byrelated law, among other thingsstatute, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing ordinance or requirement, shall be reimbursed by Tenant to conclusive of that fact as between Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by and Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Allegiant Travel CO)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Use and for no other uses without Landlord’s written consent, which may be granted or withheld in Item 3 Landlord’s sole, absolute, and unfettered discretion. Tenant’s use of the Basic Lease Provisions. The parties agree that any contrary use Premises shall be deemed in compliance with and subject to cause material all applicable laws, statutes, codes, ordinances, orders, zoning, rules, regulations, conditions of approval and irreparable harm requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeor affecting the Property, the Premises or the Building or the use or operation thereof, whether now existing or hereafter enacted, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in Section 15.2), and any covenants, conditions and restrictions encumbering the Land, Property and/or the Project (“CC&Rs”) or any supplement thereto recorded in any official or public records with respect to the Property and/or the Project or any portion thereof (collectively, “Applicable Laws”, or individually, as the context may require, an “Applicable Law”). Tenant shall be responsible for obtaining any permit, business license, or other permits or licenses required by any governmental agency permitting Tenant’s use or occupancy of the Premises and for performing, at Tenant’s sole cost, all modifications or additions to the Premises or the Common Areas (except for Landlord’s Work) in order to be in ADA compliance, except as provided in Section 2.1 above. Except as expressly provided herein, Tenant shall be responsible for ensuring that the Permitted Use conforms with all Applicable Laws. Landlord shall use commercially reasonable efforts to perform all of its obligations pursuant to CC&Rs, and use commercially reasonable efforts to cause all other parties to such CC&Rs to perform their obligations thereunder, to the extent necessary to avoid (i) any interference with Tenant’s use of the Premises for the Permitted Use, or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices any decrease in Tenant’s rights, or agencies increase in Tenant’s obligations, under this Lease. Except as provided in Section 2.1 above, Landlord shall have no obligation to bring the Premises or Common Areas into compliance with ADA. If a change to the Common Areas or the Building becomes required under Applicable Law (or if any such requirement is enforced) as a result of any foreign governmental or political subdivision thereof; Alterations (iiiherein defined) offices made to the Premises, the installation of any health care professionals trade fixture in the Premises, any particular use of the Premises other than the Permitted Use, or service organization; any breach of Tenant’s obligations under this Lease, then Tenant, upon demand, shall (ivx) schoolsat Landlord’s option, temporary employment agencies either make such change at Tenant’s sole cost or pay Landlord the cost of making such change, and (y) pay Landlord a coordination fee equal to [***] of the cost of such change. In no event shall the Premises be used for any Prohibited Use (as defined in Exhibit C). Tenant shall comply with the rules and regulations attached hereto as Exhibit D, together with such additional reasonable rules and regulations as Landlord may from time to time prescribe (“Rules and Regulations”). Landlord shall not knowingly discriminate against Tenant in Landlord’s enforcement of the Rules and Regulations. Landlord shall not be responsible or liable to Tenant for the non-performance of any other training facilities which are not ancillary to corporate, executive tenant or professional office use; (v) retail occupant of the Building or restaurant uses; Project of the Rules and Regulations or (vi) communications firms such as radio and/or television stationsfor any interference or disturbance of Tenant by any other tenant or occupant. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area, Property or the Project to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would unreasonably disturb, obstruct or endanger any other tenants of the Project, or take any action which would abrogate any warranties, use or allow the Premises to be used for any unlawful purposepurpose or conduct, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase conducted, any auction upon the cost Premises. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to correct any non-performance of any insurance policy(ies) covering other tenant or occupant of the BuildingProject of the Rules and Regulations or for any interference or disturbance of Tenant by any other tenant or occupant. Subject to the express terms of this Lease, the Project and/or their contentsrights reserved to Landlord herein, emergencies, casualty, eminent domain, and “Force Majeure” (as these terms are defined below), Tenant shall have access to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsbe permitted by Landlord to operate in, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsotwenty four (24) hours a day, from time to time upon request by Landlordseven (7) days per week, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” three hundred sixty-five (as defined in Section 10.3365) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasedays per year.

Appears in 1 contract

Sources: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. The parties agree that any contrary Tenant’s use of the Premises shall be deemed in compliance with and subject to cause material all applicable laws, statutes, codes, ordinances, orders, rules, regulations, conditions of approval and irreparable harm requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeor affecting the Project, the Premises or the Building or the use or operation thereof, whether now existing, including, without limitation, use the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in Section 12.1), and any CC&Rs or any supplement thereto recorded in any official or public records with respect to the Building or any portion thereof (“Applicable Laws”). Tenant, at Tenant’s sole cost and expense, shall comply with all Applicable Laws, which compliance obligation shall include the alteration of the Premises and/or any Interior improvements or a portion thereof fixtures in order to comply with such Applicable Laws, Tenant shall be responsible for (i) offices obtaining any permit, business license, certificate of occupancy, or other permits or licenses required by any governmental agency permitting Tenant’s use or bureau occupancy of the United States Premises, except that Landlord shall be responsible for obtaining any certificate of occupancy or comparable governmental sign-off sufficient to permit occupancy of the Premises based upon Substantial Completion of the Tenant Improvements. Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord, Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make, at Landlord’s cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the Premises by Tenant or any state or political subdivision thereof; (ii) offices or agencies Tenant Parties, then Tenant shall perform such compliance work at Tenant’s sole cost. In no event shall the Premises be used for any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsthe Prohibited Uses set forth on Exhibit D attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, temporary employment agencies or other training facilities which are not ancillary together with such additional rules and regulations as Landlord may from time to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstime reasonably prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, nor or Landlord’s failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease, but Landlord shall use commercially reasonable efforts to enforce the CC&Rs with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to commence any litigation or other proceeding in pursuing such enforcement). Tenant permit shall promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit any waste in the Premises other similar body now or the Projecthereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether the Building or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesProject. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.​ ​ ​

Appears in 1 contract

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

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

Appears in 1 contract

Sources: Master Lease (Inetvisionz Com Inc)

Use. Tenant shall use and occupy the Premises in conformance with Applicable Laws, and only for the following purposes: technological research and development, unrestricted use of fermentation and cell culture systems at capacities up to 30,000 liters, and related administrative uses, including, for example, internal marketing, sales and in-house legal functions, and for no other purpose. Accordingly, the Premises shall be occupied only by a firm or firms whose products or services require substantial technological research. Actual research need not be performed upon the Premises so long as the Premises are occupied only by a firm or firms that do technological research in Alameda, Contra Costa, Marin, Napa, San Mateo, San Francisco, Santa Clar▇, ▇▇nta Cruz, Solano, or Sonoma counties; provided that in such cases such firm or firms shall use the Premises only solely for administrative uses that are related to such technological research uses such as finance, marketing, accounting, purchasing, corporate offices, in-house attorney offices, engineering, or similar purposes. Neither Tenant nor any other person shall use the purposes stated in Item 3 of Premises for any other purposes. Notwithstanding the Basic Lease Provisions. The parties agree that any contrary use foregoing to the contrary, the Incubator Building shall be deemed to cause material used solely as a biotechnology incubator and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurposes. Tenant shall not do or permit anything to be done in the Premises, or do anything in or about the Premises which Complex, or bring or keep or permit to be brought or kept in the Premises, or bring or keep in or about the Complex anything that is prohibited by or will in any way increase the existing rate of (unless any such increase is fully paid for by Tenant), or will cause a cancellation of, any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in the Premises, or do anything in or about the Complex that will materially obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Complex or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do place any loads upon the floors, walls, or permit ceiling, which endanger the structure, or place any fluids or materials that would cause damage in the drainage system of the building. No waste materials or refuse shall be dumped on the Complex or permitted to be done anything which will invalidate remain on the outside of the Improvements except in trash containers placed inside exterior enclosures designated by Landlord for that purpose. No materials, supplies, equipment, finished products or increase the cost semi-finished products, raw materials or articles of any insurance policy(ies) covering nature shall be stored upon or permitted to remain outside the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements Improvements or on any portion of all governmental authorities that pertain to Tenant or its use Common Area of the PremisesComplex unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other device, including without limitation all federal and state occupational health and safety and handicap access requirements, whether system or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises (except those used for life-safety or Project security purposes) shall be used in or at the Premises without the prior written consent of Landlord; provided that . Tenant shall not commit or suffer to be committed any waste in or upon the foregoing Premises. The provisions of this section are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment occupant of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseComplex.

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant elects to pay such increased costs), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In all events Subject to the express provisions of this Lease (including, without limitation Articles VI, XI and XII hereof), Tenant shall indemnify each of have access to the “Indemnified Parties” Premises twenty-four (as defined in Section 10.324) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenanthours per day, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasethree hundred sixty-five (365) days per year.

Appears in 1 contract

Sources: Lease (Biolase Technology Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Maxtor Corp)

Use. 9.1 The Premises shall be used solely for the Permitted Use set forth in the Fundamental Lease Provisions and for no other purposes. Tenant shall use not offer, sell or market any real estate services or real estate related services to other tenants in the Premises only for the purposes stated Building other than to Related Corporations, which services are in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle competition with services offered by Landlord to injunctive relief tenants in addition to the Building and Tenant shall not offer telecommunication services utilizing the Building, Building Equipment or any other available remedy. The uses prohibited under this Lease shall includeconduits, without limitationor shafts, use of whether located within the Premises or outside the Premises, to other tenants in the Building. 9.2 Tenant shall not use, occupy, suffer or permit the Premises, the Building or any part of either to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would (a) make unobtainable at standard rates from any reputable insurance company authorized to do business in the State of New York, any fire insurance with extended coverage or liability, elevator, boiler, umbrella or other insurance, (b) cause, or be likely to cause, injury or damage to the Building or to any equipment contained therein or on the Premises, (c) constitute a portion thereof public or private nuisance, (d) violate any certificate of occupancy for the Building, provided, however, that Landlord shall not modify or alter such certificate to conflict with Tenant's Permitted Use, (ie) offices emit objectionable noise, fumes, vibrations, heat, chilled air, vapors or odors into or from the Building, except through exhausts vented to the outside of the Building at locations approved by Landlord, or the equipment contained therein, (f) impair or interfere with any of the Building services, including the furnishing of electrical energy, or the proper and economical cleaning, heating, ventilating, air conditioning or other services of the Building, the equipment contained therein or the Premises or (g) violate any Legal Requirement or Insurance Requirement. The restrictions imposed by this Section, and the application thereof, shall not be limited or modified by the terms of any agency other provision of this Lease. 9.3 Tenant or bureau of the United States Tenant's assignees, subtenants, employees, agents, contractors, invitees or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant licensees shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, injure them or use or allow the Premises to be used for any unlawful purposepurpose which is unlawful, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises or Premises. 9.4 Landlord represents and warrants that the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost certificate of any insurance policy(ies) covering occupancy for the Building, a true and correct copy of which is attached hereto as EXHIBIT J, permits the Project and/or their contents, and shall comply Permitted Use. 9.5 Tenant has requested the right to install a kitchen with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not at a location to be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premisesdetermined. Landlord shall have not unreasonably withhold or delay its consent to an installation of a kitchen subject to such reasonable restrictions as Landlord may impose, including, but not limited to, Tenant, at its sole cost and expense, obtaining all permits and approvals, determination of adequate exhaust through an acceptable route through the right at Building, determination of adequate utilities and Tenant shall be responsible for any time to perform an assessment unusual or significant increase in the use of the environmental condition of the Premises utilities and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among all other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination provisions of this Lease. If Tenant does install a kitchen, Tenant shall retain Landlord to provide the services listed in Section 8.2(a), (b), (c) and (d).

Appears in 1 contract

Sources: Lease Agreement (Agency Com LTD)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 Permitted Use. Tenant will not occupy or use the Premises, or permit any portion of the Basic Lease ProvisionsPremises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way increase the rate of insurance on the Building or contents; it being acknowledged that the use of the Premises as a general office and/or electronic testing laboratory will not cause such an increase. The parties agree that Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any contrary use nuisance, nor unreasonably interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to the use, condition or occupancy of the Premises by Tenant. Notwithstanding the foregoing, to the extent the Premises do not comply with all laws in effect as of the Delivery Date, Tenant shall not have to make any capital improvements or take any action to comply with then current laws. Landlord, at its expense, shall be deemed responsible for such improvements. If any capital improvements to cause material the structural portions of the Building are required by any applicable laws not in effect or applicable to the Building as of the Commencement Date and irreparable harm the same are not required or related to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, (i) Tenant’s specific manner of use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done change in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not (ii) Tenant’s compliance will necessitate expenditures construction or interfere with its use and enjoyment installation of the Premisesany improvements or alterations by Tenant, then Landlord shall be responsible for such work. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any toxic substances into the septic, sewage, or other waste disposal system serving the Premises in violation of any applicable law, and shall not generate, handlestore, store or dispose of hazardous or toxic materials (substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written approval of Landlord and then only in accordance with applicable law, ordinances, regulations and orders. Landlord hereby approves of Tenant’s use, generation, storage or disposal of the following items in the ordinary course of Tenant’s business for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as such materials may be identified normal, customary and necessary for the operation of Tenant’s business as it relates to the stripping and cleaning of electronic components, and then only in accordance with applicable law, ordinances, regulations and orders: (1) TCE (trichioroethylene) [Tenant may substitute acetone for TCE and quantities of TCE and acetone will be combined to determine quantities for purposes of the immediately following sentence] and (2) IPA (isopropyl alcohol). Tenant shall in no event have in excess of 2 gallons of any federal, state or local law or regulationof the materials listed in (1) and (2) in the Premises or Project without the prior written consent at any one time (i.e. as an example, Tenant may have 2 gallons of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant TCE and 2 gallons of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in IPA on the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease).

Appears in 1 contract

Sources: Office Building Lease Agreement (Advanced Semiconductor Engineering Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 of the Basic Lease Provisionslaboratory and general office purposes. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeOutside storage including, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsdrop shipments, temporary employment agencies or dock storage, trucks and other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsvehicles is prohibited without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectobtain, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use and enjoyment of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord’s insurance carrier. Tenant shall not generatepermit any objectionable or unpleasant odors, handlesmoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third- party tenants’ use of their respective space provided that Landlord agrees that Tenant’s existing business in the building shall not violate this Paragraph 2. Tenant shall not receive, store or dispose otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules \, codes regulations and requirements of any federal state, municipal or other governmental or quasi-governmental authority with respect to any hazardous or toxic materials wastes (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, term is defined from time to time upon request by Landlordany governmental or regulatory authority) which are stored, execute such affidavits concerning Tenant’s best knowledge produced, manufactured, treated, or disposed of by Tenant within the Premises; and belief regarding Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the presence discharge, disbursement, release, or escape or smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or gasses, waste materials or other irritants, contaminants or pollutants into or about the Premises or Property, which originate from any products stored, produced, manufactured, treated, or disposed of hazardous or toxic materials in by Tenant within the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises The aforesaid indemnification and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants defenses shall survive the expiration or earlier termination term of this the Lease.

Appears in 1 contract

Sources: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

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

Appears in 1 contract

Sources: Lease Agreement (Micrus Endovascular Corp)

Use. A. Tenant shall use and occupy the Demised Premises only as a business office and/or a USDA approved food processing plant and/or warehouse and for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. purpose. B. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Demised Premises to be used for any unlawful or illegal business or purpose, nor sell or store on the Demised Premises any spirituous, malt or vinous liquor or any narcotic drugs or any explosives or inflammable materials. Tenant shall Tenant use, maintain and occupy the Demised Premises in a careful, safe and proper manner and shall not permit any nuisance or commit any waste in the Premises or the Projectmaintenance of a nuisance therein. Tenant will keep the Demised Premises and appurtenances and the adjoining areas and sidewalks in a clean, safe and healthy condition. Tenant, at its sole expense, shall comply promptly with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers which shall impose any liability, order or duty upon Landlord or Tenant with respect to Tenant's use or occupancy of the Demised Premises. Tenant shall not permit the Demised Premises to remain vacant and shall not do or permit to be done anything any act or thing upon the Demised Premises which will invalidate or be in conflict with any fire or casualty insurance policies or increase the cost of any rate for fire or casualty insurance policy(ies) covering the Buildingbuilding. If, by reason of failure of Tenant to comply with the provisions hereof including, but not limited to, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. use to which Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of puts the Premises, including without limitation all federal the fire and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment casualty insurance rate shall at the commencement of the Premises. term or at any time thereafter be higher than it otherwise would be, then Tenant shall not generate, handle, store reimburse Landlord for that part of all fire and casualty insurance premiums thereafter paid by Landlord which shall have been charged because of such failure or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it and shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests make whatever changes are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed necessary to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantutility companies, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinsurance underwriters and governmental authorities having jurisdiction thereof.

Appears in 1 contract

Sources: Lease Agreement (Kahiki Foods Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises; provided, however, that should a capital expenditure be required to effect compliance with any such legal requirement, then such expenditure shall be the responsibility of Landlord (subject to inclusion in Building Costs pursuant to Section 4.2) if and only if the requirement applies to office users generally and not to Tenant's specific use of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency, provided such disclosure form either relates to materials introduced by Tenant or is otherwise required to be completed by a tenant rather than a landlord. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests (including physically invasive tests), provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. Landlord shall have no liability to Tenant with respect to the results of any such assessments, inspections or tests. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section, and in that event Tenant shall accept custody and arrange for the disposal of any hazardous materials found in the test samples. In all events events, Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive Landlord represents that to the expiration or earlier termination of this Lease.best of

Appears in 1 contract

Sources: Office Space Lease (Myers Steven & Associates Inc)

Use. The Premises shall be used only for the purpose of designing, engineering, testing, demonstrating, producing, receiving, storing, shipping, manufacturing of semiconductor integrated circuits 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. 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 only for the purposes stated in Item 3 of the Basic Lease Provisionsa careful, safe and proper manner and will not commit waste thereon. The parties agree that any contrary use Tenant, at its sole expense, shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includecomply with all laws (including, without limitation, Environmental Requirements, as defined herein, and laws regarding access for handicapped or disabled persons), ordinances and regulations, and all declarations, covenants, and restrictions, applicable to Tenant's use or occupation of the Premises, and with all governmental orders and directives of public officers which impose any duty or restriction with respect to the use or occupation of the Premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall cause additional improvements to the Premises done after the Commencement Date to comply with the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time (the "ADA"), and Tenant shall cause the Premises (and to the extent required by the Premises, the Project) to hereafter comply with the ADA. Notwithstanding the foregoing, as of the Commencement Date, Landlord shall make the exterior of the Building and Landlord's Improvements (as defined on Exhibit B) and other work to be performed and described on Exhibit B in compliance with the ADA. Landlord will cause the exterior of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any to be in compliance with future changes as required by state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsfederal agencies. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises in violation of law, or take any other action that would constitute a nuisance or would unreasonably disturb, interfere with, or endanger Landlord or any other tenants of the Project. Tenant will not use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance manner that would void Tenant's or commit Landlord's insurance. If any waste increase in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering on the Building, Premises or the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its is caused by Tenant's use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of because Tenant vacates the Premises. , then Tenant shall not generate, handle, store or dispose pay the amount of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of increase to Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cirrus Logic Inc)

Use. Tenant shall Lessee will use and occupy the Demised Premises only for office use and for no other purpose. Lessee will not use or permit in the purposes stated in Item 3 Demised Premises anything that will increase the rate of fire insurance thereon or prevent Lessor's taking advantage of any ruling of the Basic Lease Provisions. The parties agree Oregon Insurance Examining Bureau or its successors which would allow Lessor to obtain reduced rates for long-term insurance policies, or maintain anything that may be dangerous to life or limb, or in any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includemanner deface, without limitationinjure or commit waste in, use of the Premises on or a portion thereof for (i) offices of any agency or bureau of the United States about said building or any state portion thereof, or political subdivision thereof; (ii) offices overload the floors, or agencies of permit any foreign governmental objectionable noise or political subdivision thereof; (iii) offices of any health care professionals odor to escape or service organization; (iv) schoolsto be emitted from said premises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about upon the Demised Premises which will in any way interfere with tending to create a nuisance or to disturb any other tenants of the rights Building, or quiet enjoyment of other occupants to injury the reputation of the Building or the Project, or to use or allow permit the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesDemised Premises for lodging or sleeping purposes, including without limitation or for any immoral or illegal purposes. Lessee will comply, at Lessee's own cost and expense, with all federal and orders, notices, regulations or requirements of any municipality, state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its other governmental authority respecting the use and enjoyment of the Demised Premises. Tenant Lessee shall not generate, handlerelease, store or dispose of deposit on the Demised Premises any environmentally hazardous or toxic materials (substances, materials, wastes, pollutants, oils or contaminants, as such materials may be identified in defined by any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the regulation (collectively, "Hazardous Substances"). The foregoing sentence shall not be deemed apply to proscribe the use by Tenant of customary normal office supplies in normal quantities cleaning fluids and office supplies, so long as such use comports the same are maintained in sealed receptacles in amounts reasonably necessary for the conduct of Lessee's business, and are used in accordance with applicable law, Lessee shall indemnify, defend, and hold Lessor and Lessor's agents, employees and contractors harmless from any and all applicable laws. Tenant agrees that it shall promptly complete claims, losses (including, but not limited to loss of rental income and deliver loss due to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsobusiness interruption), from time to time upon request by Landlorddamages, execute such affidavits concerning Tenant’s best knowledge liabilities, costs, legal fees and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part expenses of any such assessmentnature arising out of or relating to any generation, Landlord shall have the rightrelease, upon reasonable prior notice to Tenantstorage or deposit of Hazardous Substances by Lessee or any of Lessee's agents, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordscontractors or invitees. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants paragraph shall survive the any expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Webtrends Corp)

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

Appears in 1 contract

Sources: Lease (More Com Inc)

Use. Tenant shall may use the Premises only for the purposes stated Permitted Uses described in Item 3 Section 13 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Summary, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever. Tenant shall not use, nor shall Tenant or suffer or permit any nuisance person or commit any waste in persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of Exhibit D, attached hereto, or in violation of the laws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall comply with the Rules and Regulations and all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Project, including but not do or permit limited to, (i) that certain Declaration of Reciprocal Easements, Covenants and Restrictions of Centennial Towers, dated as of May 5, 2008, and recorded in the Official Records of San Mateo County, California ("Official Records") on September 18, 2008 as Instrument No. 2008‑105136, and (ii) that certain Declaration of Covenants, Conditions and Restrictions of Centennial Towers, dated March 27, 2009 and recorded in the Official Records on April 3, 2009, as Instrument No. 2009‑038658, as amended by that certain First Amendment to be done anything which will invalidate or increase Declaration of Covenants, Conditions and Restrictions of Centennial Towers, dated as of April 20, 2010, and recorded in the cost of any insurance policy(ies) covering the BuildingOfficial Records on May 12, 2010, as Instrument No. 2010‑051876 (collectively, the Project and/or their contents"CC&Rs"), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of as the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials same may be identified in any federalamended, state amended and restated, supplemented or local law or regulation) in the Premises or Project without the prior written consent of Landlordotherwise modified from time to time; provided that the foregoing shall not any such amendments, restatements, supplements or modifications as well as any reciprocal easement agreements which be deemed to proscribe the use entered into by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to between Landlord and any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other owner of the environmental condition of the Premises and of Project, do not materially modify Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous 's rights or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseobligations hereunder.

Appears in 1 contract

Sources: Lease (Achaogen Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Blue Rhino Corp)

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

Appears in 1 contract

Sources: Ground Lease Agreement (CommunitySouth Bancshares Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere ‌ Unless with the rights prior written approval of Provider (whose approval may be withheld at its sole discretion) or quiet enjoyment unless expressly permitted by the terms of other occupants of a separate written agreement entered into between the Building or Parties, Recipient agrees that the Project, or use or allow the Premises to Material and Information will not be used for any unlawful purposepurpose other than the Purpose and will be used only by Recipient at Recipient’s organization. Recipient’s Personnel: Recipient will limit provision and disclosure of Material and Information to those directors, nor officers, employees and consultants of Recipient who need to know or need to use the Material or Information in order to assist Recipient in carrying out the Purpose. The Recipient will ensure that Recipient’s directors, officers, employees, and consultants as aforesaid shall Tenant permit any nuisance or commit any waste be bound by similar obligations of confidentiality and restrictions on use as contained in this Agreement. The Material may only be used by those under the Recipient Scientist’s direct supervision in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsRecipient Institution’s laboratories under suitable containment conditions, and shall comply in compliance with all applicable insurance underwriters rulesstatutes and regulations. Tenant shall The material may not be used in human subjects or for clinical or diagnostic purposes. The Recipient Institution will not use the Material for administration to human subjects or human application as that term is defined in the [relevant legislation] (or equivalent as each may be replaced or amended from time to time), or for clinical or diagnostic purposes. The Recipient Institution may use the Material for the purposes of the Study and as described in [Appendix], from the date of receipt of the Material. The Recipient Institution will comply at its expense fully with all present and future lawsapplicable environmental, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety laws, the [relevant legislation] and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere other Applicable Laws with respect to its use (including, but not limited to, disposal or return). The RECIPIENT shall use, store, and enjoyment dispose of the PremisesMATERIAL and any MODIFICATIONS in accordance with good laboratory practice and shall ensure compliance with all applicable laws, rules, and regulations, including laws, rules, and regulations governing export control and safety. Tenant shall The Recipient Institution will not generatetransfer the Material to any other body, handleor permit its use within the Recipient Institution other than by the Recipient Scientist’s research group, store without (in each case) prior written consent from the Donor Institution. The Material may not be used by the Recipient Scientist in research which is subject to the provision of any rights to a commercial third party without prior written consent. The RECIPIENT and the RECIPIENT SCIENTIST agree that the MATERIAL: a) is to be used solely for teaching and academic research purposes; b) will not be used in human subjects, in clinical trials, or dispose for diagnostic purposes involving human subjects without the written consent of hazardous or toxic materials (as such materials may the PROVIDER; c) is to be identified in any federal, state or local law or regulation) used only at the RECIPIENT organization and only in the Premises RECIPIENT SCIENTIST’s laboratory under the direction of the RECIPIENT SCIENTIST or Project others working under his/her direct supervision; and d) will not be transferred to anyone else within the RECIPIENT organization without the prior written consent of Landlord; provided that the foregoing shall PROVIDER. This research material may not be deemed used in human subjects. The Research Material will only be used for research purposes by Recipient’s Investigator in his/her laboratory, for the research project described below, under suitable con- tainment conditions. This Research Material will not be used for commercial purposes such as screening, production or sale, for which a commercialization license may be required. Recipient agrees to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all Federal rules and regulations applicable laws. Tenant agrees that it shall promptly complete to the Research Project and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment handling of the environmental condition of the Premises and of TenantResearch Material. This Research Material will be used by Recipient’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord Investigator solely in connection with the following research project (“Research Project”) described with specificity as follows (use an attachment page if necessary): Recipient hereby accepts, upon the terms and conditions herein specified, the custodianship of the Biological Material to enable Recipient to use the Biological Material for the sole purpose of conducting experimental research to the exclusion of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordscommercial use of the Biological Material. The reasonable cost experimental research conducted by Recipient with the Biological Material, hereinafter the “Research”, is described in [clause]. The recipient should fully describe the intended use of the assessment/testing materials. The recipient should also specify whether the materials would be used for research purposes only or for commercial applications or both. The Recipient shall be reimbursed by Tenant to Landlord if such assessment/testing determines ensure that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each Materials are: • used only for the purposes of the “Indemnified Parties” Investigation and not for administration to human subjects; • handled and stored in accordance with any reasonable protocols provided to the Recipient pursuant to [Clause]; • not made available to anyone other than personnel of the Recipient engaged in carrying out the Investigation. During the action, the beneficiary enjoys access right to the background of the other beneficiaries, solely for the purpose and to the extent necessary for undertaking and completing the action. Such access must be granted on a royalty-free basis. During and after completion of the action, beneficiaries and their affiliated entities enjoy (as defined in Section 10.3unless prevented or restricted from doing so by obligations to others which exist at the date of accession to this Agreement) in access rights to the manner elsewhere provided in this Lease from any release background of hazardous or toxic materials caused by Tenantthe other beneficiaries, its agentsonly to the extent reasonably required for the purpose of the research use of results. Access Rights for Implementation: During the Action, employeesthe Beneficiaries enjoy Access Rights to the Results of the other Beneficiaries, contractors, subtenants or licenseessolely for the purpose and to the extent necessary for undertaking and completing the Action. The foregoing covenants shall survive the expiration or earlier termination of this LeaseSuch Access Rights are granted under Royalty-Free Condition.

Appears in 1 contract

Sources: Material Transfer Agreement

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

Appears in 1 contract

Sources: Lease (Intest Corp)

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

Appears in 1 contract

Sources: Industrial Lease (Discovery Partners International Inc)

Use. The Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section 1. 5 of this Lease and no other use or purpose. Tenant shall not modify its use from the foregoing use without Landlord’s and City’s prior written consent, which may be withheld in Landlord and City’s sole discretion. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance. Tenant’s rights under this Agreement are subject to all covenants, restrictions, easements, agreements, reservations and encumbrances upon, and all other conditions of title to the Premises. Tenant’s rights under this Agreement are subject to all present and future building restrictions, regulations, zoning laws, ordinances, resolutions and orders of any local, state or federal agency, now or hereafter having jurisdiction over the Premises or the Tenant’s use of the Premises. Tenant may use the Premises only for constructing, installing, operating, maintaining, and repairing the purposes stated Improvements and no other use. Tenant must at all times comply with all federal, state and local laws, ordinances, rules and regulations which are applicable to its operations and the Premises, including all laws, ordinances, rules and regulations adopted after the Effective Date. Tenant must display to the City and Landlord, upon request, any permits, licenses or other evidence of compliance with all laws. Except for the Digital Billboard and the Static Signs, Tenant shall not install any signs in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to Premises other than required safety warning signs or any other available remedysigns as are requested or approved by the City, and Tenant bears all costs pertaining to the erection, installation, maintenance, and removal of all signs. The uses prohibited under this Lease shall include, without limitation, Tenant must at all times use its commercially reasonable best efforts to minimize any impact that its use of the Premises or a portion thereof for (i) offices of any agency or bureau will have on uses of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Adjacent Project. Tenant shall will not do install, operate or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, allow its agents, employees, contractorsor contractors to use any equipment, subtenants methodology or licenseestechnology that may interfere with the optimum effective use or operation of the City's fire, emergency or other communication equipment, methodology or technology (e.g., voice or other data receiving and/or transmitting equipment) that is presently in use or may be in use in the future. The foregoing covenants shall survive If such interference does occur, the expiration Tenant must immediately discontinue using the equipment, methodology or earlier termination technology that causes the interference until corrective measures are taken which must be made at no cost to the City. Tenant and City will use their best reasonable efforts to resolve immediately any interference problems, but if an interference problem is unavoidable, the City's right to use the City's fire, emergency, or other communication equipment remains paramount to any use of the Premises by the Tenant and Tenant has the right to terminate this Agreement without penalty and without any cost to the City. Tenant, at its own expense, will use commercially reasonable efforts to minimize the collateral visual and aesthetic impacts of the Digital Billboard, which will include, but not be limited to, replacing existing equipment with smaller equipment, decreasing the area used to house supporting equipment, or decreasing the size of any wireless communications equipment. Tenant must, at its own cost, obtain and maintain in full force and effect during the term of this LeaseAgreement all licenses and permits required for all activities authorized by this Agreement. Tenant must at all times have on-call an active, qualified, and experienced representative to supervise the Digital Billboard, and who is authorized to act for the Tenant in matters pertaining to all emergencies and the day-to-day operation of the Digital Billboard. Tenant will provide the Landlord and City with the names, addresses, and 24-hour telephone numbers of all such persons in writing.

Appears in 1 contract

Sources: Ground Lease and Billboard Relocation Agreement

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

Appears in 1 contract

Sources: Lease Agreement (BioPharmX Corp)

Use. Tenant shall use the Premises only for general office, manufacturing, laboratory and warehouse use, and for no other purpose. Landlord acknowledges that Tenant’s use of autoclaves, compressors, hoods and walk-in curing ovens are permitted uses. Except for Landlord’s Work to be performed by Landlord in accordance with Exhibit B, Tenant will accept the purposes stated Premises AS IS, in Item 3 the condition existing as of the Basic Lease ProvisionsCommencement Date, with no work to be performed by Landlord. The parties agree that any contrary use Tenant shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includenot, without limitationthe prior written consent of Landlord, use any apparatus, machinery or device in or about the Premises which will cause any noise, vibration, fumes or electronic interference or which will overload the floors, structure, systems, or equipment of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsBuildings. Tenant shall not do at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or permit anything to be done in or about the Premises, in any manner which: (a) violates the Certificate of Occupancy for the Premises which will in any way interfere with or for the rights Buildings; or quiet enjoyment of other occupants of the Building (b) causes or the Project, or use or allow the Premises is liable to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in cause injury to the Premises or the Buildings or any equipment, facilities or systems therein; or (c) constitutes a violation of any law, statute, ordinance, rule, regulation, order or other governmental requirement (collectively “Laws”) or the requirements of insurance bodies; or (d) impairs the character or appearance of the Buildings as first-class buildings; or (e) impairs the proper and economic maintenance, operation and repair of the Buildings and/or their equipment, facilities or systems; or (f) annoys or inconveniences other tenants or occupants of the Project; or (g) overloads the floor loads or electrical capacity of the Buildings. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall also comply with all Laws applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not generateallow any objectionable liquid, handleodor, or noise to be emitted from the Premises; store any gasoline or dispose of hazardous or toxic other highly combustible materials (as such materials may be identified in any federal, state or local law or regulation) in on the Premises which would violate any applicable fire code or Project without the prior written consent of regulation nor conduct any operation that will increase Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in fire insurance rates for the Premises. Landlord shall have the right at any time to perform an assessment of reasonably approve the environmental condition of the Premises and of Tenant’s compliance with this Section. As part installation of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed power-driven machinery by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasearchitect whose opinion will control regarding floor loads.

Appears in 1 contract

Sources: Lease Agreement (I Flow Corp /De/)

Use. Tenant shall use the Premises only for general office use and shall not use or permit the purposes stated in Item 3 Premises to be used for any other purpose without the prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material give Tenant any exclusive right to such use in the Project. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant's shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or political subdivision thereof; (ii) offices or agencies any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of any foreign governmental or political subdivision thereof; (iii) offices Tenant's failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, handleconditions and restrictions against the Premises on February 18, store or dispose 1987 as Instrument Number 87/046032 in the Official Records of hazardous or toxic materials Alameda County (the "CC&Rs"). Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&R's, as such materials the same may be identified in amended from time to time, provided that any federalamendments do not materially diminish Tenant's rights under this Lease or materially increase Tenant's obligations. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, state utilities, fire or local law or regulation) in emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies Bemal Corporate Park Owner's Association in normal quantities so long as such use comports with all applicable lawstheir sole discretion. Tenant agrees acknowledges that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoentities with jurisdiction over the Premises may, from time to time upon request by Landlordpromulgate laws, execute such affidavits concerning Tenant’s best knowledge rules, plans and belief regarding regulations affecting the presence use of hazardous or toxic materials in the Premises, including, but not limited to, traffic management plans and energy conservation plans. Landlord shall have the right at any time to perform an assessment of the environmental condition Tenant's use of the Premises shall be subject to and of Tenant’s compliance Tenant shall comply with this Sectionany and all such laws, rules, plans, and regulations. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform testsat its sole cost, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with all laws relating to the requirements storage, use and disposal of this Section. In all events Tenant shall indemnify each of hazardous, toxic or radioactive matter, to the “Indemnified Parties” (as defined in Section 10.3) in extent brought into the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused Project by Tenant, its agents, agents or employees, contractorsincluding those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, subtenants Division 4, Chapter 30 ("Title 22") as they may be amended from time to time (collectively "Toxic Materials"). If Tenant does store, use or licensees. The foregoing covenants dispose of any Toxic Materials, Tenant shall survive notify Landlord in writing at least ten (10) days prior to their first appearance on the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Sources: Office Lease (Accpac International Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. The parties agree that any contrary Tenant's use of the Premises shall be deemed in compliance with and subject to cause material all applicable laws, statutes, codes, ordinances, orders, rules, regulations, conditions of approval and irreparable harm requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeor affecting the Project, the Premises or the Building or the use or operation thereof, whether now existing, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in Section 12.1), the CC&Rs and any supplement thereto which is permitted as provided in Section 1.3, and recorded in the official public records with respect to the Building or any portion thereof (“Applicable Laws”). Subject to limitations below, Tenant, at Tenant's sole cost and expense, shall comply with all Applicable Laws, which compliance obligation shall include the alteration of the Premises and/or any interior improvements or fixtures in order to comply with such Applicable Laws. Landlord shall be responsible for obtaining the certificate of occupancy or comparable governmental sign-off sufficient to permit occupancy of the Premises, and Tenant shall be responsible for obtaining any other business license, or other permits or licenses required by any governmental agency permitting Tenant's use or occupancy of the Premises. Landlord shall reasonably cooperate with Tenant in Tenant's efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord. Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make: (a) at Landlord's cost, without inclusion in Operating Expenses, all alterations, repairs and replacements to conform the Premises to Applicable Laws in effect as of the Effective Date; and (b) at Landlord's cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws enacted after the Effective Date, except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the Premises by Tenant or any Tenant Parties, then Tenant shall perform such compliance work at Tenant's sole cost. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit D attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, together with such additional rules and regulations as Landlord may from time to time reasonably prescribe (so long as they do not materially interfere with Tenant's use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsimpose additional material monetary obligations on Tenant). Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the ProjectPremises, take any action which would obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, nor or Landlord's failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant's or occupant's lease, but Landlord shall use commercially reasonable efforts to enforce the CC&Rs and other rules and regulations with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to commence any litigation or other proceeding in pursuing such enforcement). Tenant permit shall promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit any waste in the Premises other similar body now or the Projecthereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether the Building or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Standard Register Co)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any all applicable insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rules. Subject to Section 5.3(f), Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Sources: Lease (Endwave Corp)

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

Appears in 1 contract

Sources: Office Space Lease (Diedrich Coffee Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which premises are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used as general offices and any other legal use consistent with the operation of a Class A office building, except as limited below and for any unlawful purpose, nor shall Tenant permit any nuisance no other business or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purpose without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that , which may be required withheld by Landlord in its sole and absolute discretion. By way of illustration and without expanding in ally way the permitted uses of the Premises, neither tenant nor any subtenant or assignee shall use all or any portion of the Premises for (i) any product display activity (such as that of a manufacturer's representative) other than that which is ancillary to office use or other uses specifically permitted hereunder, (ii) any government-related use, or office of a government authority (or subdivision or agency thereof) or quasi-governmental agency without limitation, the office of the consulate general or other diplomatic representative of a foreign state or sovereignty, (iii) any data processing business, not including data processing business, not including data processing activity ancillary to office use or other uses specifically permitted hereunder, (iv) any health care professional other than one present only to provide physical examinations or emergency care to employees of Tenant, (v) any school or other training or educational use other than that which is ancillary to office use or other uses specifically permitted hereunder, (vi) any clerical support service other than that which is ancillary to office use or other uses specifically permitted hereunder, (vii) any "executive suite" type use where office suites are maintained for individual rental with common services provided by tenant, a subtenant, or an assignee, (viii) any restaurant facility other than an executive or employee dining room facility which has received the prior written consent of Landlord in connection with the construction or alterations of the Premises, or (ix) any personnel agency. Tenant No use shall also, from time be made or permitted to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition be made of the Premises and no acts done in or about the Premises, which (I) will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of Tenant’s compliance with this Section. As the Premises, the Parking Structure or any other part of the Project which is now or may hereafter be enacted or promulgated by any public authority, (ii) interferes with the transmission or reception of microwave, television, radio, or other communication signals by antenna or satellite dishes located in the Project, or (iii) will increase the existing rate of insurance upon the Project, or cause a cancellation of any insurance policy covering the Project or any part thereof. Tenant shall not sell, or permit to be kept, used or sold in or about the Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant shall comply with any direction of any governmental authority having jurisdiction, which shall. by reason of the Tenant's use or occupancy of the Premises, the Parking Structure or any other part of the Project, impose any duty upon Tenant respecting such assessmentuse or occupancy. Tenant agrees it will use the Premises in such a manner so as to not interfere with or infringe upon the rights of other tenants or occupants of the Project. Tenant shall not commit, Landlord or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant of the project, nor shall have the right, upon reasonable prior notice to Tenant, without the prior written consent of Landlord, use any apparatus, machinery or device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantbe furnished or supplied under this Lease. Tenant will cooperate further agrees not to connect with Landlord in connection with electrical wires or water or other pipes any assessment byapparatus, among other thingsmachinery or device without the prior written consent of Landlord, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines except that Tenant failed may, subject to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of Paragraph 9 hereof, install the “Indemnified Parties” (usual office machines and equipment, such as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantelectrical typewriters, its agentspersonal computers, employeesfacsimile machines, contractorstelecopier machines, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasephotocopying machines and similar equipment.

Appears in 1 contract

Sources: Lease (Entertainment Internet Inc)

Use. Tenant shall covenants with the Landlord not to use the Premises only for any purpose other than general office use for the purposes stated in Item 3 conduct of the Basic Lease ProvisionsTenant's business and for the Specific Authorized Uses (hereinafter defined), provided such Specific Authorized Uses are permitted under and are in compliance with all federal, state and municipal laws, ordinances, rules and regulations, including without limitation all zoning laws, ordinances and rules and regulations applicable to the Building. The parties agree that any contrary use As used herein, the term "Specific Authorized Uses" shall be deemed to cause material mean the following uses: investment banking, securities brokerage, capital market investment activities, trading, investment advisory and irreparable harm to Landlord related financial services and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsdisaster recovery and data center. Tenant shall not do or permit anything to be done in or about use the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project other purpose without the prior written consent of the Landlord; provided . Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business therein, including, without limitation, the Americans With Disabilities Act, as amended and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the foregoing Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be deemed used for any illegal purpose or in violation of any regulation of any governmental body or the regulations or directives of Landlord's insurance carriers, or in any manner which interferes with the quiet enjoyment of any other tenant of the Building. Tenant will not install and connect to proscribe the use base Building electrical system any electrical or other equipment, other than such equipment as is commonly used in modern offices, without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of customary office supplies Additional Rent in normal quantities so long compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as such may be occasioned by the operation of said equipment or machinery. All voice, data, video, audio, and other low-voltage control transport system cabling and/or cable bundles installed in the Building shall be (a) plenum rated and/or have a composition makeup suited for its environmental use comports in accordance with NFPA 70/National Electrical Code; (b) labeled every 3 meters with the Tenant's name and origination and destination points; (c) installed in accordance with all applicable lawsEIA/TIA standards and the National Electric Code; (d) installed and routed in accordance with a routing plan showing "as built" or "as installed" configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing if applicable, and such other information as Landlord may request. The routing plan shall be available to Landlord and its agents at the Building upon request. Unless such maintenance is the responsibility of Landlord pursuant to the terms of Section 9c, below, Tenant agrees that it shall promptly complete to maintain the Premises, and the Tenant Improvements and other Alterations (hereinafter defined) therein, in good order, repair and condition during the Term at Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys in Tenant's possession, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the commencement date of the DB Sublease, except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and except for ordinary wear and tear and casualty damage which Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time is obligated to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding restore pursuant to the presence terms of hazardous or toxic materials in the Premisesthis Lease. Landlord shall have no obligation to Tenant to make any repairs in or to the right at Premises, the Tenant Improvements or any time Alterations. Any and all damage or injury to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of (including, but not limited to, the Tenant Improvements or any such assessmentAlterations), Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect Building or the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials Land caused by Tenant, its agentsor by any employee, employeesagent, contractorscontractor, subtenants assignee, subtenant, invitee or licensees. The foregoing covenants customer of Tenant shall survive be promptly reported to Landlord and repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall, after providing Tenant with notice thereof and five (5) days within which to repair such damage or injury (except in the expiration case of any emergency or earlier termination if any of this Leasethe Building systems or structures or the provision of services to any part of the Building are thereby affected, in which case no prior notice or cure period shall be required), have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord in respect thereof as Additional Rent within thirty (30) days after Tenant receives Landlord's notice of such costs.

Appears in 1 contract

Sources: Office Lease Agreement (Stifel Financial Corp)

Use. Tenant The Premises shall use the Premises be used only for the purpose of general office, bonded warehousing (if allowed by the appropriate governmental authorities) light manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, as defined by current Dade County zoning ordinances, and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeOutside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord agrees that Tenant may park or store trucks at its own truck loading areas. Tenant 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 of the Premises or a portion thereof for (i) offices Premises, whether of any agency or bureau of the United States or any federal, state or political subdivision thereof; (ii) offices local origin, and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in or agencies of any foreign governmental upon or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsconnected with the Premises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsall at Tenant's sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done in emanate from the Premises, nor take any other action which would constitute a nuisance or about the Premises which will in would disturb or endanger any way interfere with the rights or quiet enjoyment of other occupants tenants of the Building or the Projectnearby buildings in which their premises are situated, or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or allow otherwise handle any product, material or merchandise which is explosive, highly flammable or environmentally dangerous, hazardous or sensitive. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance method of storage) which would render the insurance therein void or commit the insurance risk more hazardous or cause the State Board of Insurance or insurance authority to disallow any waste sprinkler credits. If any increase in the Premises fire and extended coverage insurance premiums paid by Landlord or the Project. Tenant shall not do other tenant(s) is caused by Tenant's use or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use Tenant's vacation of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. then Tenant shall not generatepay as additional rental, handle, store or dispose the amount of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of increase to Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it the point pressure resulting from Tenant racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencynot exceed allowable design floor loading for floor slabs on grade. Tenant shall alsohold harmless Landlord from any loss, from time to time upon request liability and expenses, both real and alleged, arising out of such damage or repair caused by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous 's negligence or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseParagraph.

Appears in 1 contract

Sources: Lease Agreement (Bell Microproducts Inc)

Use. Tenant shall use (a) Lessee covenants and agrees that the Premises only shall be occupied and used for the purposes stated manufacture and storage of flexible interlocking metal hose and the storage and distribution of silicon hose, together with ancillary office use relating thereto. Lessee further covenants and agrees that no waste will be committed upon the Premises, that the Premises will not be used in Item 3 any manner which will unreasonably disturb others or constitute a nuisance, or for any purpose or in any manner likely to cause structural damage to the Premises. (b) Lessee covenants and agrees that the Premises will be used and occupied by Lessee in a careful, safe and proper manner and that Lessee shall, throughout the Term, comply with all laws, ordinances, orders, directions, rules, regulations and/or requirements of all federal, state and municipal governments and appropriate agencies, departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to applicable Board of Fire underwriters, or any other available remedy. The uses prohibited under this Lease shall includebody now or hereafter constituted exercising similar functions, without limitationwhether or not the same require structural repairs and alteration, and irrespective of whether or not foreseeable or whether or not involving a change of governmental policy, which may be applicable to the Premises, the fixtures and equipment thereon or the use or manner of use of the Premises or a portion thereof for by Lessee with respect to either (i) offices of any agency or bureau the condition and maintenance of the United States Premises to the extent that Lessee is required to repair and maintain the same, or any state or political subdivision thereof; (ii) offices the occupancy, use or agencies manner of use by Lessee of the Premises. Lessee likewise shall observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary time in force with respect to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall the Premises and the use thereof and agrees that it will not do or permit keep anything to be done in or about the Premises which will contravene Lessor's policies insuring against loss by fire or other hazards or which will prevent Lessor from procuring such policies from companies reasonably acceptable to Lessor unless Lessee elects to pay the increase in any way interfere the insurance premium associated with such use. Lessee will observe and comply with the rights or quiet enjoyment requirements of all policies of public liability, fire and other occupants policies of insurance at any time in force with respect to the Building or the ProjectPremises so as not to knowingly permit any article to be brought upon, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit act to be done anything which will invalidate upon or increase about the cost Premises that shall cause the cancellation of any policy of insurance policy(iesthereon or cause an increase in the rate of premium of any such insurance. (c) covering the Building, the Project and/or their contents, and Lessee shall comply with all Environmental Laws (defined herein) applicable insurance underwriters rulesto its use of the Premises. Tenant shall comply at its expense with all present and future lawsWithout limiting the foregoing, ordinances and requirements as a result of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation Lessee shall not cause the release, filtering, drainage, seepage or transfer into air, ground water, surface water or soil, any hazardous substance, hazardous waste, toxic chemical or toxic substance which will adversely affect the Premises or surrounding sites. Lessee shall obtain from all federal and state occupational health and safety and handicap access requirementsgovernmental authorities all necessary approvals, whether or not Tenant’s compliance will necessitate expenditures or interfere with its clearances, permits and/or exemptions required by Environmental Laws for Lessee's use and enjoyment of the PremisesPremises and for Lessee's discharge of chemicals, liquids and emissions, if any, into the air, soil, ground water or surface water. Tenant As used herein, the terms "hazardous waste" and "hazardous substance" shall mean any substance, waste, pollutant or contaminant now or hereafter included with such respective terms under any applicable Environmental Law. Lessee shall assume any liability or obligation for losses, damages, fines, penalties, claims or duties to clean up or dispose of waste on or related to the Premises arising out of Lessee's use of the Premises during the Term of this Lease. Notwithstanding the foregoing, Lessee shall not generateassume any liability or obligation for losses, handledamages, store fines, penalties, claims or duties to clean up or dispose of hazardous waste or toxic materials (as such materials may be identified in any federal, state hazardous substances on or local law or regulation) in related to the Premises that occurred prior to the Term of this Lease or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition Lessee's occupancy of the Premises and not otherwise introduced by Lessee in violation of Tenant’s compliance with this SectionEnvironmental Laws. As part Lessee shall indemnify and hold harmless Lessor from any costs, expenses, cleanup costs, waste disposal costs, litigation costs, fines and penalties within the meaning of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with Environmental Law arising out of Lessee's breach of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionforegoing representations, covenants and warranties. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing Lessee's covenants herein shall survive the expiration or earlier termination of this Lease. As used herein, "Environmental Laws" means all applicable statutes, rules, orders, regulations or other governmental requirements concerning the protection of human health and the environment, that are existing as of the date of this Lease or enacted or amended during the Term of this Lease. (d) In the event either Lessor or Lessee receives any notice from any governmental agency or body regarding the Premises, including without limitation, notices regarding Environmental Laws, regardless of whether the other party is responsible for any items referenced in said notice, the receiving party shall provide the other party with a copy of such notice. (e) Lessee shall and hereby does indemnify Lessor and hold Lessor harmless from and against any and all expense, loss and liability suffered by Lessor (with the exception of those expenses, losses, and liabilities arising from Lessor's own negligence or willful act or otherwise provided herein), by reason of Lessee's improper storage, generation, handling, treatment, transportation, disposal or arrangement for transportation or disposal, of any hazardous substances (whether accidental, intentional, or negligent) or by reason of Lessee's breach of any of the provisions of this Section 8 during the Term. Such expenses, losses and liabilities shall include, without limitation, (i) any and all reasonable expenses that Lessor may incur to comply with any Environmental Laws as a result of Lessee's failure to comply therewith; (ii) any and all reasonable costs that Lessor may incur in studying or remedying any contamination caused by Lessee at the Premises; (iii) any and all reasonable costs that Lessor may incur in studying, removing, disposing or otherwise addressing any hazardous substances caused by Lessee at the Premises; (iv) any and all fines, penalties or other sanctions assessed upon Lessor by reason of Lessee's failure to comply with Environmental Laws at the Premises and (v) any and all reasonable legal and professional fees and costs incurred by Lessor in connection with the foregoing.

Appears in 1 contract

Sources: Merger Agreement (Hickok Inc)

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

Appears in 1 contract

Sources: Industrial Lease (Meade Instruments Corp)