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 4 contracts

Samples: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (United Business Holdings, Inc), Office Space Lease (Infosonics Corp)

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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

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

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

Appears in 3 contracts

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

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

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

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

Appears in 3 contracts

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

Use. Tenant shall use and occupy the Premises only for the purposes stated use set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or a portion thereof for the Project (i) offices of any agency or bureau 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 constructed in the Premises by or for the benefit of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsTenant. 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 more than six (6) people per one thousand (1,000) rentable square feet 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 occupy the Premises or the Projectat any time. 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 upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the provisions of this Article 7. Tenant shall comply at its expense with all present Landlord's reasonable sustainability practices 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 Premises. Tenant shall not generate, handle, store Project issued pursuant to the LEED rating system (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 other 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 Leasecertification standard).

Appears in 3 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, 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

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

Use. The Premises shall be used only for the Permitted Use and for no other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall will use the Premises only in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Except as would normally be expected from the use of the Premises for the purposes stated in Item 3 bulk storage and distribution of cosmetic products, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from 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, or take any other available remedyaction that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other party. The uses prohibited under this Lease Tenant, at its sole expense, shall includeuse and occupy the Premises in compliance with all laws, including, without limitation, use of the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofcollectively, “Legal Requirements”); (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsprovided, temporary employment agencies or other training facilities which are not ancillary to corporatehowever, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. that Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights event be required to make structural alterations or quiet enjoyment of other occupants of modifications to the Building or the Project, common areas within the Site unless such modifications or use or allow the Premises alterations are required due 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. The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, including without limitation all federal and state occupational health and safety and handicap access requirementsas may be amended from time to time. Tenant shall, whether at its expense, make any alterations or not Tenant’s compliance will necessitate expenditures modifications, within or interfere with its use and enjoyment of outside the Premises. , that are required by Legal Requirements; provided, however, that 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 event 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 make structural alterations or modifications to the Building or the common areas within the Site unless [***]: Certain information on this page has been omitted 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 filed separately with the requirements of this SectionCommission. In all events Tenant shall indemnify each of Confidential treatment has been requested with respect to 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 Leaseomitted portions.

Appears in 2 contracts

Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

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

Appears in 2 contracts

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

Use. 8.1 Tenant shall use the Premises only for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purposes stated operation and occupancy of a technology company headquarters in Item 3 the South of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Market District, 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 purposeother purpose without the prior written consent of Landlord, nor which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant permit Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any nuisance necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or commit other air-removal/circulation system, and any waste required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the ProjectPremises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the Compliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy(ies) policy covering the Site, the Building, the Project Premises, and/or their contents, property located therein and shall comply with all applicable insurance underwriters rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, Tenant shall promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall comply at its expense not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will unreasonably obstruct or interfere with all present and future lawsthe rights of other tenants or occupants of the Building, ordinances and requirements of all governmental authorities that pertain or injure them, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or its use of permit any nuisance in, on or about the Site, the Building and/or the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsor allow any noxious odors to exist at or emanate from the Site, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Building and/or the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Site, handlethe Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect Huntsman Architectural Group, store or dispose with the partitions to be considered a part of hazardous or toxic materials (as such materials may be identified in any federalthe live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, state or local law or regulation) files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or Project without noise that may be transmitted to the prior written consent Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of Landlord; provided that the foregoing earth movements. Landlord shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as responsible for any damage or liability for 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 Leaseevents.

Appears in 2 contracts

Samples: Agreement of Lease (Okta, Inc.), Lease (Okta, Inc.)

Use. Tenant shall use the Leased Premises only for a distribution center, warehouse facility, fulfillment center and office purposes, and for no other purpose without the purposes stated in Item 3 prior written consent 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 stationsLandlord. Tenant shall will 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 occupy the Leased Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant or its use orders of the PremisesUnited States of America, including without limitation the state in which the Leased Premises are located, and all federal other governmental units or agencies having jurisdiction over the property 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 Leased Premises. Tenant shall not generatecause, handlemaintain or permit any outside storage on or about the Leased Premises, store shall not commit or dispose suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may 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 Building. No use shall be made or Project without permitted to be made of the prior written consent Leased Premises, nor acts done, which will increase the existing rate of Landlord; provided that insurance upon the foregoing shall not be deemed to proscribe Building or cause the use by Tenant cancellation 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 insurance policy covering the Building, or toxic materials that may be required by any governmental agencypart thereof. Tenant shall alsonot sell, from time or permit to time upon request be kept, used, in or about the Leased Premises, any article which may be prohibited by Landlordthe standard form of fire insurance policy. Tenant shall, execute such affidavits concerning Tenant’s best knowledge at its sole cost and belief regarding expense, comply with any and all requirements, pertaining to the presence of hazardous or toxic materials in the Leased 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 assessmentinsurance organization or company, Landlord shall have necessary for the rightmaintenance or reasonable fire and public liability insurance covering the Leased Premises, upon reasonable prior notice to Tenant, to enter Building and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantappurtenances. Tenant will cooperate with Landlord in connection with shall not place on any assessment by, among other things, promptly responding floor a load exceeding the floor load per square foot which such floor was designed 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 Leasecarry.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Innotrac Corp), Industrial Lease Agreement (Innotrac Corp)

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 2 contracts

Samples: Lease, Lease

Use. Tenant The Premises shall use the Premises only not be used or occupied for any purpose other than for the purposes stated in Item 3 Permitted Use, and neither Tenant nor Tenant’s Occupants shall do anything that may (a) increase the existing rate or violate the provisions of any insurance carried with respect to 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 Property, (b) create a public or private nuisance, commit waste or unreasonably interfere with, annoy or disturb any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises tenant or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television 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 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 illegal or allow the Premises to be used for any unlawful reasonably 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, or (h) lower the first-class character of the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful and safe 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 any board of fire underwriters or other similar body relating to the Premises, (y) keep the Premises free of reasonably objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Property, except for de minimis quantities of typical cleaning and office supplies that are stored, used and disposed of in accordance with 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 Tenantapplicable laws, its agentsordinances, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseregulations and requirements.

Appears in 2 contracts

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

Use. Tenant The Premises 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 general business office purposes --- and for no other use or purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Laws relating to Tenant Tenant's use or its use occupancy of the PremisesPremises (and make any repairs, including without limitation alterations or improvements as required to comply with all federal such Laws), and state occupational health shall observe the "Building Rules" (as defined in Section 27 -Rules and safety Regulations). Tenant shall not be required to construct or pay the cost of complying with any covenants, conditions, restrictions and handicap access requirementsencumbrances, whether underwriter's requirements or not rules regulations, statutes, ordinances, laws and building codes requiting construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated solely because of Tenant’s compliance will necessitate expenditures or interfere with its 's particular use and enjoyment of the Premises. Tenant shall not generatedo, handlebring, store keep or dispose sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of hazardous or toxic materials (as such materials may an increase in the existing premium for, any insurance policy coveting the Property or any part thereof. Tenant shall not permit the Premises to be identified occupied or used in any federalmanner that will constitute waste or a nuisance, state or local law disturb the quiet enjoyment of or regulationotherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, or for any governmental use (including embassy or consulate use). Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or Project without the prior written consent Building or any 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 heating, ventilating and deliver to Landlord any disclosure form regarding hazardous air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security 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 other systems in the Premises. Landlord shall have Building ("Building Systems"), or jeopardize the right at any time to perform an assessment structural integrity of the environmental condition Building or any part thereof; (ii) connect to the utility systems of the Premises and Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect (directly, or indirectly through use of Tenant’s compliance with this Section. As part of intermediate devices, electrified strip molding, or otherwise) to any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect electrical circuit in the Premises and to perform tests, provided those tests are performed any equipment or other load with aggregate electrical power requirements 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 excess of 80% 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 rated capacity 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 Leasecircuit.

Appears in 2 contracts

Samples: Lease (Crossworlds Software Inc), Lease (Crossworlds Software Inc)

Use. The Premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated of general office, lab, warehouse and other related ancillary uses and such use by Tenant shall at all times be in Item 3 full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord set forth on Exhibit C. Tenant agrees not to commit or permit any act to be performed on the Premises or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Premises and irreparable harm to Landlord its occupancy and shall entitle Landlord promptly comply with all governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to injunctive relief in addition the Premises, all at Tenant’s sole cost and expense. Without limiting the scope of the foregoing provisions of this Article 11, Tenant’s use of the Premises shall comply with all applicable requirements of the 1998 Minnesota Uniform Fire Code, as amended and as may hereafter be amended from time to time and of any other available remedy. The uses prohibited under this Lease shall includereplacement and/or successor law, ordinance, code or rule or regulation, including, without limitation, use the 2000 Xxxxxxxxx Xxxxx Fire Code, expressly including requirements relating to the types of materials that may be stored in the Premises, the storage containers that may be used, the heights such storage containers may be stacked and the separation that must exist between materials and stacks. Tenant shall not disturb other occupants of the Premises Building by making any undue or a portion thereof for (i) offices of any agency unseemly noise 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 otherwise and shall not do or permit anything to be done in or about the Premises or Building anything which will be dangerous to life or limb. The employees of Tenant shall not be permitted, during their breaks or otherwise, to congregate or loiter in any way interfere with of the rights or quiet enjoyment common areas of the Building, including the Common Areas, in such a manner that would be disruptive of the use of such Common Areas by the other tenants and occupants of the Building or that would obstruct access to, from or within the ProjectBuilding. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or use equipment in or allow about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall provide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be used for any unlawful purpose, nor shall installed by 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 . In no event shall Tenant (i) permit the foregoing shall not be deemed to proscribe the use by Tenant storage 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 materials, equipment 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 personal property outside of the environmental condition Building or (ii) permit any motor vehicle to be parked outside of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding overnight.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

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

Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, 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 Initial: DWD/JA 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

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

Samples: Lease (New Century Financial Corp), New Century Financial Corp

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

Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Sub Lease (Loxo Oncology, 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 Txxxxx’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 Txxxxx’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

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

Samples: 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, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that any contrary use such uses shall be deemed to cause material in accordance with all applicable governmental laws and irreparable harm to Landlord ordinances, 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 stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept 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, or will cause a cancellation of any insurance covering the Premises or any part thereof. Tenant shall not do or permit to be done 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 that . Tenant shall not commit or suffer to be committed any waste in or upon the foregoing 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 related to Tenant's use of the 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 the 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 2 contracts

Samples: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology 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

Samples: Lease Agreement (Texas Roadhouse, Inc.), Lease Agreement (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

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

Use. Tenant The Premises 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 general business office and R&D purposes and for no other use or purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Laws relating to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures use or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not generatemake any repairs, handle, store alterations or dispose of hazardous or toxic materials (improvements 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 required to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees such Laws to the extent that it shall promptly complete and deliver such Laws relate to Landlord or are triggered by (i) Tenant’s particular use of the Premises, (ii) any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyAlterations. 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 observe the “Indemnified PartiesBuilding Rules” (as defined in Section 10.3) 27 - Rules and Regulations). Landlord shall enforce such Rules and Regulations uniformly and in a non-discriminatory manner. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof, Tenant shall not permit the Premises to be occupied or used in any manner elsewhere provided that will constitute waste or a nuisance, or disturb the quiet enjoyment of other tenants in this Lease from the Building. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any release of hazardous the healing arts, providing social services, or toxic materials caused by Tenantfor any governmental use (including embassy or consulate use). Tenant shall not, its agentswithout the prior consent of Landlord, employees(i) bring into the Building or the Premises anything that may cause substantial noise, contractorsodor or vibration, subtenants overload the floors in the Premises or licensees. The foregoing covenants shall survive the expiration Building or earlier termination any of this Leasethe heating, ventilating and air-conditioning (the “HVAC”), mechanical, elevator (if applicable), plumbing, electrical, fire protection, life safety, security or other systems in the Building (the “Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect (directly, or indirectly through use of intermediate devices, electrified strip molding, or otherwise) to any electrical circuit in the Premises any equipment or other load with aggregate connected load requirements in excess of 20 amps.

Appears in 2 contracts

Samples: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)

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

Appears in 2 contracts

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

Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises in a careful, safe, and proper manner. TENANT will, at TENANT’s sole expense, only use and cause or permit the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any and all applicable municipal, county, state and federal laws, rules, directives, ordinances and regulations, permits, the purposes stated requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of LANDLORD’s engineers and/or consultants, relating in Item 3 any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and any covenants, conditions or restrictions of record, including without limitation all zoning, building and other codes, and the Americans with Disabilities Act, as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Basic Lease ProvisionsLeased Premises. TENANT will not commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Premises comfortable enjoyment of life or a portion thereof for property. Within ten (10) days after receipt, TENANT shall deliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) offices any notices alleging violations respecting the project and/or the Leased Premises of any agency or bureau of the United States or any state or political subdivision thereofApplicable Requirements; (ii) offices any notices of claims made or agencies threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any foreign governmental or political subdivision thereofApplicable Requirements; and (iii) offices any notices of any health care professionals governmental or service organization; (iv) schools, temporary employment agencies regulatory actions or other training facilities which are not ancillary investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to corporate, executive all or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants portion of the Building 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

Samples: Lease (GLAUKOS Corp), Lease (GLAUKOS Corp)

Use. Section 4.1. 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 that any contrary 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 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 stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 about the Premises or the ProjectComplex. Tenant No sale by auction 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 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 buildings, 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 buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction (“CC&R”) affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided that the foregoing provided, however, Tenant shall not be deemed required to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees any future CC&R that it shall promptly complete materially 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 adversely interferes with Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials rights expressly set forth in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition this Lease and/or Tenant’s use of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have for the right, upon reasonable prior notice Permitted Use pursuant 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 terms of this Lease. The provisions of this Article are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant shall have access to the Premises during the demised term twenty-four (24) hours a day, seven (7) days a week.

Appears in 2 contracts

Samples: Sublease (Aravive, Inc.), Lease Agreement (Versartis, 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

Samples: Lease Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa 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

Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)

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 that Medical Laboratory and any contrary use shall be deemed to cause material and irreparable harm to Landlord all allied uses 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 stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises Premises, Building or the Complex nor bring or keep or permit to be brought or kept in or about the Premises, Building or the Complex anything which is prohibited by law, or will produce any odor or smell detectable in the common areas or other Tenant premises, or will in any way interfere with increase the rights existing rate of (or quiet enjoyment of other occupants of otherwise affect) fire or any insurance covering the Premises, Building or the ProjectComplex or any part thereof, or use any of its contents, or allow will cause cancellation of any insurance covering the Premises to be used for any unlawful purposePremises, nor shall Tenant permit any nuisance or commit any waste in the Premises Building or the ProjectComplex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises, Building or the Complex which will invalidate in any way obstruct or increase interfere with the cost rights of other tenants or occupants of the Building or injure or annoy them, or use or allow the Premises to be usod for any insurance policy(ies) covering improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the BuildingPremises, Building or the Project and/or their contents, and Complex. No sale by auuliuai shall comply with all applicable insurance underwriters rulesbe permitted on the Complex. Tenant shall comply at its expense with all present and future lawsnot' (i) place any loads upon the floors, ordinances and requirements of all governmental authorities that pertain walls or Ceiling which endanger the structure; (ii) subject to Tenant paragraph 42, use or its use store any harmful, hazardous or toxic fluids or materials or other material; in or about the Complex to include the drainage system of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether complex: or not Tenant’s compliance will necessitate expenditures (iii) overload existing plpntrical or interfere with its use and enjoyment other mechanical syfifAms_ No waste materials or refuse shall be dumped or permitted to remain upon any part of the PremisesPremises or outside of the Complex in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. Other than where specifically designated by Landlord, there shall be no smoking anywhere in or adjacent to the Building including the area outside the Building entrances, No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. Tenant shall not 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 also, from time not commit or suffer to time be committed any waste in or 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 Tenant shall have the right at indemnify, defend and hold harmless against any time to perform an assessment loss, expense, damage, reasonable attorney's fees, or liability arising out of the environmental condition failure 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 provisions of this Sectionparagraph and any applicable law. In all events Tenant shall indemnify each comply with any covenant, condition, or restriction ("CC&H's") affecting the Premises, Building or Complex. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant 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 2 contracts

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

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

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

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, federal state or local law or regulation) , in the Premises or Project the Office Building without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant Xxxxxx 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 Xxxxxx'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. Xxxxxxxx has been advised that these materials are non-friable and do not represent a health risk. Xxxxxx 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

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

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

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com 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 Tenant's specific improvement 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; conversely, should any such expenditure be required of any general office user of the Premises, then Landlord shall be responsible for making the necessary alterations of the Premises, subject to inclusion of the cost thereof in Operating Expenses. 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. Should any hazardous or toxic material be discovered in the Premises that was not introduced by Tenant, its employees, agents, contractors or subtenants, and should Landlord be legally required to remediate same, then Landlord shall be responsible for such remediation and shall indemnify Tenant against any liability in connection therewith. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Pimco Advisors Holdings Lp

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease ProvisionsSection 1.01(e) hereof, and for no other purposes. The parties agree that any contrary Tenant shall not 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 permit the Premises or a any portion thereof to be used for (i) offices any purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any agency notification to Tenant of any claimed violation thereof. Tenant shall not do or bureau 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 United States 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 Project or political subdivision thereof; (iii) offices any part thereof or any of its contents. In the event that, solely by reason of any health care professionals acts of Tenant or service organization; (iv) schoolsits conduct of business, temporary employment agencies there shall be any increase in the rate of insurance on the Building or other training facilities which are not ancillary its contents, 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 of, 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. Tenant agrees that it shall promptly complete , rules and deliver regulations pertaining 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 and governing 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 use by Tenant, its agentsand shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, employeestoxic or hazardous materials. Home Interiors & Gifts, contractorsInc. Granite Tower at The Centre, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.8/17/1999

Appears in 1 contract

Samples: Office Lease (Home Interiors & Gifts Inc)

Use. (a) Tenant shall use the Premises only for the purposes stated in Item 3 of Permitted Use. Tenant will not occupy or use the Basic Lease Provisions. The parties agree that Premises, or permit 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 portion of the Premises to be occupied or a portion thereof used, for (i) offices of any agency business or bureau of purpose other than the United States 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 which may be dangerous to life, limb or property, or keep any substance or carry on or permit any operation which might emit offensive odors from the Premises, or any state or political subdivision thereof; (ii) offices or agencies use which is extrahazardous on account of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsfire, 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 increase the rights rate of fire insurance on any building in the Project or quiet enjoyment their contents; and in the event that, by reason of other occupants acts of Tenant, there shall be any increase in rate of insurance on any building in the Building Project or the Project, their contents created by Tenant's acts or use or allow the Premises conduct of business then such acts of Tenant shall be deemed to be used for an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any unlawful purposeof Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor shall Tenant permit any nuisance interfere with, annoy or commit any waste disturb other tenants or Landlord in the Premises or management of the Project. Tenant shall not do or permit to be done anything which will invalidate or increase maintain the cost of any insurance policy(ies) covering the BuildingPremises in a clean, the Project and/or their contents, healthful and shall safe condition and will comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, order, rules and requirements of all governmental authorities that pertain regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to Tenant use, condition or its use occupancy 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 Premisesany Environmental Law. Tenant shall not generateindemnify and hold Landlord harmless from any and all costs, handleexpenses (including reasonable attorney's fees) claims and causes of action arising from Tenant's failure to comply with this Section. Tenant will not, 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 , paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type or window awning on or about the Premises or any part thereof. Should Landlord agree in writing to any of 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 items 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 assessmentpreceding sentence, 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 maintain such permitted item in connection with any assessment bygood condition and repair at all times. Outside storage, among including but not limited to trucks or other thingsvehicles, 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 Leaseis prohibited without Landlord's prior written consent.

Appears in 1 contract

Samples: Lease Agreement (Applied Digital Access 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 Tenant's 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 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 Premises, and shall promptly comply with all 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 stationsorders and directives 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 or about emanate from the Premises or take any other action which will in would constitute a nuisance or would disturb or endanger any way interfere with the rights or quiet enjoyment of other occupants tenants of the Building or unreasonably interfere with their use of their respective premises or the ProjectCommon Areas. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. (b) Except for the Permitted Materials, 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 any other substances, the removal of which is required or the use of which is restricted, prohibited or allow 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: (a) no activity will be conducted on the Premises that will produce any Hazardous Substances; (b) the Premises will not be used in any manner for the 8 storage of any Hazardous 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; (c) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If, at any time during or after the Term, the Premises are found to be so contaminated or subject to said conditions, Tenant agrees to indemnify and hold Indemnitees (as defined in Paragraph 30) 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 the Hazardous Substances in the Premises by Tenant. (c) Tenant will 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 causes an increase in such premiums, 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 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 furniture, inventory and safety 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 handicap access requirementsexpenses, whether both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph 4. (f) The Premises shall not Tenant’s compliance will necessitate expenditures be used for any purpose that would, in Landlord's reasonable judgment, tend to lower the character of the Building, 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 of Tenant’s compliance with this SectionBuilding. 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 10.3g) 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 and indemnity shall survive the expiration or earlier termination of this Lease. 5.

Appears in 1 contract

Samples: Lease Agreement (Intacta Technologies Inc)

Use. Tenant shall occupy and use the Premises only for the purposes stated Permitted Use in Item 3 compliance with all Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Basic Lease ProvisionsPremises 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. The parties agree that any contrary population density within the Premises as a whole shall at no time exceed what is permitted by applicable Laws. Tenant may use shall be deemed the Premises after Normal Business Hours. Notwithstanding anything in this Lease to cause material and irreparable harm to the contrary, as between Landlord and Tenant, (a) Tenant shall entitle 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 at its cost (subject to injunctive relief reimbursement permitted by Section 4), promptly cause the Project (other than tenant occupied areas of the Building) to comply with Laws in addition the event Tenant identifies any such non-compliance to any Landlord, other available remedy. The uses prohibited under this Lease shall include, without limitation, than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a portion thereof for (i) offices result of any agency alterations or bureau 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). Notwithstanding anything in this Lease to the contrary, any remedial work performed pursuant to the immediately preceding sentence shall not be considered a Controllable Operating Cost. Any inspections required to be performed to determine compliance with the Disabilities Acts, whether as a result of the United States Work or any state alterations or political subdivision thereof; (ii) offices additions made by or agencies on behalf of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsa Tenant Party, 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 stationsmust be performed by Landlord's accessibility consultant. Tenant The Premises 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 purposeuse which is disreputable, nor creates extraordinary fire hazards, or results in an increased rate of insurance on the Building or its contents and is not a Permitted Use, or for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). 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, and such situation causing the increased costs is not remedied within 30 days following Landlord's notice to Tenant of such increased costs, then Tenant shall pay to Landlord the amount of such increase the next date for payment of Basic Rent that is at least 30 days after receipt of Landlord’s invoice. Tenant permit shall conduct its business and use reasonable efforts to control each other Tenant Party so as not to create any nuisance or commit any waste unreasonably interfere with other tenants or Landlord in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost its management 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 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Use. Tenant agrees that it shall occupy and use the Premises only as non‑governmental business offices and/or other ancillary office uses in a first class manner, as permitted by law and consistent with Comparable Buildings in the Submarket, and for no other purposes. Tenant shall, at its own cost and expense, comply with all federal, state and municipal laws, ordinances, codes, rules, regulations and other governmental requirements (herein collectively, "Laws") issued by any governmental authority (subject, however, to the purposes stated in Item 3 terms of Section 11.A. below regarding certain structural alterations or capital improvements, the making of which shall not be Tenant's responsibility under the terms of this Lease) and all applicable insurance underwriters regulations and requirements, the REA, and all other covenants, conditions and restrictions of record, all to the extent such Laws and such insurance regulations and requirements and such recorded instruments relate to the condition, use or occupancy of the Basic Lease ProvisionsPremises. The parties agree that Tenant shall not make or permit 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 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 Project. Tenant shall not do or permit to be done anything in or upon the Premises or the Building, or bring or keep anything in the Premises or the Building, which will is forbidden by any of the foregoing or which may be dangerous to persons or property, or which, to Tenant's knowledge, may invalidate or increase the cost rate of any insurance policy(ies) covering on the Building, its appurtenances, contents or operations, or which would create or continue a nuisance or which is contrary to or prohibited by the Project and/or their contentsterms and conditions of this Lease. At no time shall Tenant permit occupancy levels within the Premises to exceed applicable occupancy standards set forth in Section 13-56., and shall comply with all applicable insurance underwriters ruleset al. 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 PremisesChicago Municipal Code or any other applicable requirements under applicable Laws; provided, including without limitation all federal and state occupational health and safety and handicap access requirementshowever, 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) that if occupancy levels in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed exceed one person 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. every (130) Rentable Square Feet on an open floor basis, then Tenant shall alsobe responsible for all additional costs and expenses, from time if any, required to time upon request by Landlordaccommodate such excess density (including, 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 without limitation, 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 terms set forth in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant8.D. below (i.e., its agentsregarding supplementary air conditioning units and/or other required actions), employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseas applicable).

Appears in 1 contract

Samples: Office Lease (Vivid Seats Inc.)

Use. Tenant shall 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 insurance underwriters rules. Tenant shall comply at its expense with all present Laws relating to this Lease and/or the use, condition, access to, and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the PremisesPremises and will not commit waste, including without limitation all federal and state occupational health and safety and handicap access requirements, whether overload the Building's Structure or not Tenant’s compliance will necessitate expenditures the Building's Systems or interfere with its subject the Premises to use and enjoyment of that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall not generatebear the risk of complying with Title III of the Americans With Disabilities Act of 1990, handleany state laws governing handicapped access or architectural barriers, store or dispose of hazardous or toxic materials (and all rules, regulations, and guidelines promulgated under such laws, 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, amended from time to time upon request by Landlord(the "Disabilities Acts") within the Premises, execute such affidavits concerning Tenant’s best knowledge and belief regarding (b) Landlord shall bear the presence risk of hazardous or toxic materials complying with the Disabilities Acts in the Premises. Landlord shall have the right at any time to perform an assessment common areas of the environmental condition Building, other than compliance that is necessitated by the use of the Premises and of Tenant’s compliance with this Section. As part for other than the Permitted Use or as a result of any alterations or additions, including any 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 on the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 27 hereto). Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord's prior written consent. 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 such assessmentacts shall be an Event of Default, Tenant shall pay to Landlord the amount of such increase on demand, and acceptance of such payment 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 Tenantnot waive any of Landlord's other rights. Tenant will cooperate shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants (if any) or Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost its management of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

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

Appears in 1 contract

Samples: Celerity Group Inc

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

Appears in 1 contract

Samples: Assignment and Assumption of Lease (LendingClub Corp)

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

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease ProvisionsProvisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, “Legal Requirements”). The parties agree that Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued 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 that is declared by any governmental authority haying jurisdiction to be a portion thereof for violation of any Legal Requirement. Provided that Tenant has prior knowledge of the then current terms of Landlord’s insurance coverage with respect to the Project, (i) offices Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any agency sprinkler or bureau of the United States or other credits, and Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued any state or political subdivision thereof; such use, and (ii) offices or agencies Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result 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 Section. Tenant shall not do or permit anything to be done in or about will use the Premises which in a careful, safe and proper manner and will in any way not commit waste, overload the floor or structure of the Premises, subject the Premises to uses that would damage the Premises or obstruct or interfere with the rights of Landlord or quiet enjoyment other guests, invitees, licensees, or other authorized users of other occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance office equipment or commit any waste machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Project. Project Tenant shall not do place any equipment weighing 500 pounds or permit to be done anything which will invalidate more in 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 upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord; . Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) related to Tenants use or occupancy of the Premises, provided that the foregoing obligation shall not be deemed apply to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports extent any non-compliance with all applicable lawsLegal Requirements is due to a Construction Defect. Tenant agrees that it shall promptly complete and deliver Notwithstanding any other provision herein to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. the contrary, Tenant shall alsobe responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, Legal Fees) (collectively, “Claims”) arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence against any and all Claims arising out 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 failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Premises to comply with any Legal Requirement, except to the requirements extent and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct 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.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

Use. The Premises shall be used only for general office, storage and distribution of grocery and related products and for no other purpose whatsoever without Landlord's prior written consent. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall use at its own cost and expense obtain and maintain any and all licenses, permits, and other approval necessary or appropriate for its use, occupation or operation of the Premises. Tenant's inability to obtain or maintain any such license, permit or approval necessary or appropriate for its use, occupation or operation of the Premises only for shall not relieve it of its obligations under this Lease, including the purposes stated in Item 3 obligation to pay Base Rent and additional rent. Tenant shall comply with all governmental laws, ordinances, rules and regulations applicable to the use and condition of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Premises, and shall entitle promptly comply with all governmental orders and directives including, but not limited to, those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to the Premises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not commit or allow to be committed or exist: (a) any waste upon the Premises, (b) any public or private nuisance, (c) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or (d) any act or condition which disturbs the quiet enjoyment of any other tenant in the Building, violates any of Landlord's contracts affecting any or all of the land or Building, creates or contributes to any work stoppage, strike, picketing, labor disruption or dispute, interferes in any way with the business of Landlord to injunctive relief or any other tenant in the Building or with the rights or privileges of any contractors, subcontractors, licensees, agents, concessionaires, subtenants, servants, employees, customers, guests, invitees or visitors or any other persons lawfully in and upon the land or Building, or causes any impairment or reduction of the good will or reputation of the land or Building. In addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use remedies Landlord may have for a breach by Tenant of the Premises or a portion thereof for (i) offices terms of any agency or bureau of this Paragraph 3, Landlord shall have 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) schoolsright to have Tenant evicted from the Premises. Without Landlord's prior written consent, 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 receive, store or otherwise handle any product, material or merchandise which is explosive, highly inflammable, hazardous or a pollutant. Tenant will not permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant's use of Premises shall result in an increase in insurance premiums, 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 solely responsible for 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 Leaseincrease.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Use. Tenant A. The demised Premises shall use the Premises be used only for the purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall as may be deemed to cause material incidental thereto, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition subject to any other available remedybuilding or building complex rules and regulations, such rules and regulations not to be inconsistent with Tenant's rights hereunder and not to be enforced without a copy of such rules and regulations being provided to Tenant. The uses prohibited under this Lease shall includePermitted use in the Premises is to include assembly of procedural medical trays for sterilization. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant will be permitted to have four (4) service vehicles parked at the loading dock at night and in legal parking spaces during the business day. 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 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, not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their Premises are situated or about the Premises which will in any way 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 flammable. Tenant will not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in 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, manner (including without limitation all federal and state occupational health and safety and handicap access requirements, whether any method of storage) which would render the insurance thereon void 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 insurance risk more hazardous or toxic materials (as such materials may be identified in cause the State Board of Insurance or other insurance authority to disallow 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

Samples: Lease Agreement (Contour Medical Inc)

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

Appears in 1 contract

Samples: Invivo Corp

Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for the purposes stated in Item 3 any purpose other than general office use (which may include, subject to compliance with applicable laws and governmental requirements, incidental use of a portion of the Basic Lease ProvisionsPremises reasonably approved by Lessor as a testing lab facility for non-destructive electronic testing only, in a manner consistent with operation within a first-class general office use building, so as not to exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Building). The parties 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 contrary 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 of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall be deemed not use, store, or dispose of any Hazardous Materials (defined below) on any portion of the Project. Lessee shall indemnify, defend with counsel acceptable to cause material Lessor, and irreparable harm to Landlord hold Lessor and shall entitle Landlord to injunctive relief in addition to 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 obligations described in the previous sentence and the obligations of Lessee pursuant hereto shall survive the Lease Termination. As used in this paragraph. Hazardous Materials means any chemical, substance or a portion thereof for (i) offices material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of any agency posing risk of injury to health 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) schoolssafety, temporary employment agencies or other training facilities which are not ancillary to corporateincluding, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationswithout limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials and radon gas. 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 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

Samples: Office Lease (Vyyo Inc)

Use. Tenant The Promises shall use the Premises only be used for the purposes stated in Item 3 of Permitted Use and for no other --- purpose without the Basic Lease ProvisionsLandlord's prior written consent. The parties agree that any contrary Tenant agrees 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, or permit the 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 purposepurpose which is illegal, nor shall Tenant permit any dangerous to life, limb or property or which creates a 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 would increase the cost of any insurance policy(ies) covering coverage with respect to the Building: Tenant shall conduct its business and control its agent; servant; contractors, the Project and/or their contentsemployee; customers, Licensees, and shall invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way unreasonably interfere with Landlord in the management arid operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, Orders, rules and requirements regulations of all any governmental authorities that pertain entity with reference to Tenant the operation of Tenant's business and to the use, condition, configuration or its use occupancy of the Premises, including without limitation all federal limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, at its sole cost and state occupational health expense (except to the extent properly included in Basic Costs), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act and/or applicable building, fire and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere codes 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 respect 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 the Common Areas of Tenant’s compliance the Building, provided that Landlord's obligation with this Sectionrespect to the Premises shall be limited to violations that: (i) arise out of the Landlord Work and/or (ii) of necessity, would require alterations to the basic structure of the Building, e.g. the placement of support columns, elevator shafts, exterior watts at public stairs. As part of any such assessmentNotwithstanding the foregoing, Landlord shall have xxxx the rightright to contest any alleged violation in good faith, upon reasonable prior including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will make any repairs, additions, alterations or improvements necessary to comply with the notice to of violation. Tenant, to enter and inspect not Landlord, shall be responsible for the Premises and to perform tests, provided those tests are performed in a manner correction of any violations that minimizes disruption to Tenant. Tenant will cooperate with Landlord arise out of or in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost claims brought under any provision of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply Americans with Disabilities Act other than Title III, the requirements specific nature of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Tenant's business in the manner elsewhere provided in this Lease from any release premises (other than general office use), the acts or omission of hazardous or toxic materials caused by Tenant, its agents, employees and contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any design or configuration of the Premises specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with applicable coda Tenant wilt comply with the rules and regulations of the Building adopted anx xxtered by Landlord from time to time and will cause all of its agents, servants, contractors employees, contractorscustomers, subtenants licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or licensees. The foregoing covenants shall survive allow any waste to be committed on any portion of the expiration or earlier Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof. Subject to (i) the terms of this Lease, (ii) events of Force Majeure and (iii) any reasonable security measures adopted by Landlord, Tenant shall have access to the Building and the Premises twenty-tour (24) hours a day, 365/6 days per year.

Appears in 1 contract

Samples: Office Lease Agreement (Alloy Online Inc)

Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). The parties agree that Tenant shall, upon 5 days' written notice from Landlord, discontinue 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 which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a portion thereof for (i) offices violation of any agency Legal Requirement. Tenant will not use or bureau of permit the United States Premises to be used for any purpose or in any state manner that would void Tenant's or political subdivision thereof; (ii) offices Landlord's insurance, increase the insurance risk, or agencies cause the disallowance of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies sprinkler 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 stationscredits. Tenant shall not do reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or permit anything to be done in or about otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises which in a careful, safe and proper manner and will in any way not commit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or quiet enjoyment of other tenants or occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance equipment or commit any waste machinery to be installed in the Premises CONFIDENTIAL - DO NOT COPY so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not do place any machinery or permit to be done anything which will invalidate equipment weighing 1,000 pounds 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 more in 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 upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord; provided that the foregoing , which shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long unreasonably withheld or delayed. Except 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 provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by any governmental agency. Tenant shall alsoLegal Requirements (including, from time without limitation, compliance of the Premises with ADA) related to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence 's use or occupancy of hazardous or toxic materials in the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord shall have the right at harmless from and against any time to perform an assessment and all Claims arising out 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 or in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Premises to comply with the requirements of this Section. In all events Tenant shall indemnify each any Legal Requirement (including, without limitation, compliance 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 with ADA).

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all m 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 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 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 including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing or anything in this Lease to the contrary, to the extent that construction or rehabilitation 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 investments contained in Section 4.2(g), shall be considered as part of “Project Costs” (except to the extent that such compliance results from Tenant’s particular use of the Premises [including, without limitation, ADA compliance by Tenant in connection with its business and employment practices 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 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 Tenant which may be allocated to the prior written consent of LandlordPremises or Tenant in accordance with the provisions thereof; provided that such compliance with future covenants, conditions, easements or restrictions hereafter affecting the foregoing shall Building and/or the Project, and/or compliance with amendments or modifications ) to existing covenants, conditions, easements or restrictions, do not be deemed to proscribe unreasonably interfere with Tenant’s business operations on the use by Premises or materially increase the obligations or materially decrease the rights of Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsunder this Lease. Tenant agrees that it shall shall, promptly complete and deliver to upon demand, reimburse Landlord for any disclosure form regarding hazardous or toxic materials that may be required additional insurance premium charged 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

Samples: Industrial Lease (Ithaka Acquisition Corp)

Use. Tenant (a) General Subtenant shall use the Premises only for the purposes stated in Item 3 Section 1.3 and for no other use whatsoever. Except as otherwise provided in this Sublease, Subtenant shall, at Subtenant's sole expense, fully, diligently and in a timely manner, comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the Basic Lease Provisionsrecommendations of Sublandlord's consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effect or become effective after the Commencement Date. The parties agree that Subtenant shall, within ten (10) days after receipt of Sublandlord's written request, provide Sublandlord with copies of all permits and other documents, and other information evidencing Subtenant's compliance with any contrary use shall be deemed to cause material and irreparable harm to Landlord Applicable Requirements specified by Sublandlord, and shall entitle Landlord immediately upon receipt, notify Sublandlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use or involving the failure of Subtenant or the Premises or a portion thereof for to comply with any Applicable Requirements. In addition, Subtenant shall provide Sublandlord with copies of its business license, certificate of occupancy and/or any similar document within ten (i10) offices days 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 stationsrequest therefor. Tenant Subtenant shall not do or permit anything to be done in or about the Premises which that will in any way interfere with the rights or quiet enjoyment of other occupants of the Building adjacent owners or the Projectoccupants, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance public or private nuisance, or commit any waste in the Premises at 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 generateWithout limitation on the foregoing, handleSubtenant acknowledges that Master Landlord and/or Sublandlord may, store after the Effective Date, (i) enter into one or dispose more reciprocal easement agreements and/or maintenance and cost-sharing agreements with other property owners or users relating to the improvement, use, maintenance, repair, and replacement of hazardous access roads (the "REA", whether one or toxic materials more), (as such materials may be identified in any federalii) create and/or enter into a water district and/or water agreements with other property owners or other tenants or occupants relating to the improvement, state use, maintenance, repair, and replacement of water and water well facilities (the "Water Agreement", whether one or local law more), and/or (iii) enter into one 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 more conditional use by Tenant of customary office supplies in normal quantities so long as such use comports permit agreements 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 authorities respecting Cultivation Use of the Premises and/or Master Premises (the "Use Permit", whether one or more). Subtenant will be bound and will abide by the provisions of Tenant’s compliance the REA, Water Agreement, and Use Permit (including, without limitation, the obligation to pay Subtenant's Share of any costs imposed by virtue of the REA, Water Agreement, or Use Permit), and in the event of any conflict between the REA, the Water Agreement, or the Use Permit with this Section. As part of any such assessmentSublease, Landlord the document imposing the more restrictive provisions on Subtenant 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 Leasecontrol.

Appears in 1 contract

Samples: Sublease

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, research and development, non-retail sales 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 the contrary herein, Tenant shall not do or permit to Landlord and shall entitle Landlord be done in or about the Premises nor bring or keep or permit to injunctive relief be brought or kept in addition to or about the Premises anything which is prohibited by or will in any other available remedy. The uses prohibited under this Lease shall include, without limitation, use 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, 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 without outside of the prior written consent 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; provided . No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises, except for patio furniture that Tenant may place, at its sole cost and expense and risk, in the foregoing shall not be deemed common patio area (“Exterior Common Area Patio”) shown in Orange on Exhibit A and Exhibit B. In the event Tenant elects to proscribe place patio furniture in 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. Exterior Common Area Patio, (a) Tenant shall alsobe responsible for the maintenance, from time repair and/or replacement of said patio furniture, as necessary to time upon request by Landlordmaintain sturdy and attractive equipment, execute such affidavits concerning Tenant’s best knowledge and belief regarding throughout the presence of hazardous or toxic materials in Lease Term, (b) said patio furniture will be accessible to the Premises. Landlord shall have the right at any time to perform an assessment other tenants and/or occupants of the environmental condition of Building and other third parties and (c) Landlord cannot insure 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.Initial: MMK BUILDING: 1098 Alta PROPERTY: 1-0001

Appears in 1 contract

Samples: Lease Agreement (Sonics, Inc.)

Use. Tenant The Premises shall use the Premises be continuously used by Tenant, but only for the purpose of manufacturing and warehousing high-speed automated production equipment, general office use relating to same, and for such other lawful purposes stated (expressly excluding retail) as may be incidental thereto and expressly permitted by Landlord, in Item 3 of the Basic Lease Provisionswriting. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief parking of automobiles, trucks or other vehicles in addition to any other available remedy. The uses prohibited under this Lease shall includethe areas not specifically designated herein (including, without limitation, overnight parking of trucks and other vehicles) are prohibited without Landlord's prior written consent. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises or a portion thereof and its occupancy thereof, and shall promptly comply with all governmental orders and directives for (i) offices the correction, prevention and abatement of any agency violations or bureau nuisances (other than those of a third party) in or upon or connected with, Tenant's use of the United States or any state or political subdivision thereof; (ii) offices or agencies Premises, all at Tenant's sole expense. If, as a result of any foreign change in the governmental laws, ordinances and regulations, the Premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the reasonable consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalter the Premises to comply, temporary employment agencies or other training facilities which are not ancillary with such laws, ordinances and regulations. Tenant hereby assumes the obligation to corporatemaintain the Premises, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsat its sole cost and expense, in compliance with the Americans With Disabilities Act, only to the extent Tenant's use triggers compliance, and subject to the foregoing provisions, alter the Premises to comply with same. 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 unreasonably interfere with such tenants, use of their respective premises or permit any use which would adversely affect the Projectreputation of the Building. Without Landlord's prior written consent, Tenant shall not receive, store or use otherwise handle any product, material or allow merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit or in any nuisance or commit any waste in manner which would render the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate insurance thereon void or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrate thereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with immediately cease and desist from such use, paying all present costs 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 expenses resulting from 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 Leaseimproper use.

Appears in 1 contract

Samples: Lease Agreement (Dt Industries 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 Storage Space shall be deemed used and occupied by Tenant (and its permitted subtenants and occupants) solely for storage purposes ancillary and incidental to cause material its 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 occupancy of the Premises or and/or as a portion thereof battery room for (i) offices of any agency or bureau Tenant’s emergency generator and for no other purpose. Throughout the term 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) schoolsLease, 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 contentsnot, and shall comply with all applicable insurance underwriters rules. Tenant shall comply not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at its expense with all present and future lawsany time handle, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premisesuse, 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, handlemanufacture, store or dispose of hazardous (except for such handling, use or toxic storage as is customary and reasonably necessary for first-class office use in comparable buildings located in midtown Manhattan) in, on or about the Storage Space, the Premises or the Building any of the following materials (as such materials may be identified in collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or local law the keeping, use or regulation) disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Storage Space, the Premises or Project without the prior written consent Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Tenant shall protect, defend, indemnify and hold each and all of Landlord; provided that Landlord and the foregoing shall not be deemed other parties indemnified under Section 6.12(b) of the Lease harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any failure of Tenant to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports fully comply with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord Environmental Laws, or the presence, handling, use or disposition in or from the Storage Space or the Premises of any disclosure form regarding hazardous Hazardous Materials (even though permissible under all applicable Environmental Laws or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment provisions of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part Lease, as amended hereby), or by reason 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 failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements keep, observe, or perform any provision 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 Lease3.

Appears in 1 contract

Samples: Lease (Thomas Weisel Partners Group, 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 or a portion thereof shall be subject to and in conformance with all governmental laws and ordinances, and 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) schoolsno other purpose without Landlord’s prior written consent, 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 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 cancellation of any insurance covering the Premises or any part thereof, or any of its contents Tenant shall not do or permit to be done anything in, on or about the Premises 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 or ceiling which endanger the structure, store or dispose 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 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

Samples: Lease Agreement (Maxtor Corp)

Use. (a) Tenant shall use the Premises only for GENERAL OFFICES, INCLUDING SOFTWARE ENGINEERING DEVELOPMENT AND SUPPORT, MARKETING, 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 Building. Tenant shall not use or occupy the Premises in violation of law or the certificate of occupancy issued for the Building, 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 the 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 a duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance policy covering the Building and/or 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 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 or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance nuisances 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 generate, handle, store commit or dispose of hazardous suffer to be committed any waste in 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

Samples: Work Letter Agreement (Xacct Technologies 1997 LTD)

Use. Tenant The Premises shall use the Premises be used only for general office and warehouse purposes, including the design and prototyping of various medical products, for such other uses as may be designated on the Data Sheet and only 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, storage trucks and other vehicles, outside garbage containers and outdoor furniture are prohibited. Tenant shall be obligated to keep the area surrounding the garbage dumpster free from trash and debris and in a clean and sanitary condition. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with any governmental laws, ordinances, regulations, orders, or directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of Tenant's specific use of the Premises or a portion thereof Building, in which event Tenant shall be solely responsible for (i) offices all costs 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 stationscompliance). Tenant shall not do permit any objectionable odors, smoke, dust, gas, noise, or permit anything vibrations to be done in emanate from the Premises, nor take any other action that may constitute a nuisance or about the Premises which will in may disturb or endanger any way interfere with the rights or quiet enjoyment of other occupants tenants of the Building or the Projectneighboring buildings, or unreasonably interfere with any other tenant's use or allow of its premises. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner, including, without limitation, the storage or parking of automobiles or trailers, nor shall Tenant permit any nuisance method of storage that would render the insurance on the Building or commit the Property void or the insured risks more hazardous. If any waste increase in the Premises or fire and extended coverage insurance premiums paid by Landlord 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, Property 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 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 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 pay 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 as additional rent the amount of 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 Leaseincrease.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma 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 Provisionsgeneral office. The parties agree that any contrary use shall be deemed to cause material R&D, light manufacturing, storage and irreparable harm to Landlord other legal uses related thereto, 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 stationspurpose. Tenant shall not do do, keep or permit anything to be done or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of or cause the cancellation of any insurance covering the Premises or any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the standard form of fire insurance policies or which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building Premises or the Projectneighboring premises, or use injure, annoy or disturb them; and Tenant will not 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 or the Projectwithout Landlord's prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling or permit roof which might endanger or damage the structure; 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, nor on the Project and/or their contentsPremises. the Building nor the Parcel of land. nor overload any electrical, and mechanical, plumbing, sprinkler, or other 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 permitted to Tenant or its use remain upon any part of the PremisesPremises nor outside of the Building in which the Premises are a part, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, whether or not Tenant’s compliance will necessitate expenditures inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or interfere with its use and enjoyment semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generateplace anything or allow anything to be placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, handle, 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 also, from time not commit or suffer to time be committed any waste in or 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 Tenant covenants and agrees that no diminution of light. air or view by any time to perform an assessment structure which may be hereafter erected (whether or not by Landlord) nor use of the environmental condition Building by other occupants nor use of the Premises and neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Tenant’s compliance with this Section. As part rent hereunder or result in any liability of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction 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 LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Aspec Technology Inc)

Use. Tenant The demised premises shall use the Premises be continuously used by Tenant, but only for the purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle parking of automobiles, trucks or other vehicles in the areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to injunctive relief in addition be common parking areas) and the outside storage of any property are prohibited without Landlord's prior written consent, Tenant shall comply with all governmental laws, ordinances and regulations applicable to any other available remedy. The uses prohibited under this Lease shall include, without limitation, the use of the Premises or a portion thereof premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for (i) offices the correction, prevention and abatement of any agency violations or bureau of nuisances in or upon, or connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies premises, all at Tenant's sole expense. If, as a result of any foreign change in the governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalter the premises to comply, temporary employment agencies or other training facilities which are not ancillary to corporatewith such laws, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with such tenants' use of their respective premises or permit anything to be done in or about any use which would adversely affect the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants reputation of the Building building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Project, or use or allow the Premises premises to be used for any unlawful purposepurpose (including, nor shall Tenant permit without limitation, the storage of merchandise) in any nuisance or commit any waste in manner which would render the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate insurance thereon void or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrate thereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its immediately cease and desist from such use, paying all costs and 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 resulting from 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 Leaseimproper use.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

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Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease ProvisionsProvisions and for no other purpose without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. 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 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 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 regulations, codes 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 Building. Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to industrial hygiene, environmental protection and/or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any “Hazardous Materials” (as hereinafter defined). Tenant shall not cause or permit any hazardous wastes, toxic substances or toxic or hazardous materials (collectively, “Hazardous Materials”) to be brought upon, used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, “Hazardous Materials Activities”) without first receiving Landlord’s written consent, which consent may be withheld by Landlord in its sole and absolute discretion and may be revoked at any time. If Landlord consents to any such Hazardous Materials Activities, Tenant shall conduct them in strict compliance (at Tenant’s sole cost and expense) with all applicable Regulations, as hereinafter defined, and using all necessary and appropriate precautions. Landlord shall not be liable to Tenant for any Hazardous Materials Activities by Tenant, Tenant’s employees, agents, contractors, licensees or invitees, whether or not Tenant’s compliance will necessitate expenditures consented to by Landlord. For purposes hereof, Hazardous Materials shall include, but not be limited to substances defined as “hazardous substances”, “toxic substances”, or interfere with its use “hazardous wastes” in the Comprehensive Environmental Response, Compensation and enjoyment Liability Act of 1980; Resource Conservation and Recovery Act of 1976; Hazardous Material Transportation Act; section 25117 of the California Health and Safety Code; all other laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws (collectively “Regulations”). Prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Tenant shall provide Landlord with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy; provided, however that Tenant may use commercially available office cleaning supplies in compliance with Regulations. Tenant shall not generate, handle, store or dispose also provide Landlord with a copy 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 Hazardous Materials inventory statement required by any governmental agencyapplicable Regulation, and any update filed in accordance with any applicable Regulation. If Tenant’s activities violate or create a risk of violation of any Regulation, Tenant shall cease such activities immediately, including (but not limited to) upon notice from Landlord. Tenant shall also, from time to time upon request immediately notify Landlord both by telephone and in writing of any spill or unauthorized discharge of any Hazardous Materials or of any condition constituting an “imminent hazard” under any Regulation. Landlord, execute such affidavits concerning TenantLandlord’s best knowledge representatives and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord employees shall have the right to enter the Premises at any time to perform in the case of an assessment emergency and otherwise at reasonable times (upon reasonable advance notice), for the purpose of inspecting the environmental condition of the Premises and of Tenant’s for verifying compliance by Tenant with this Section. As part Lease and all laws, rules, regulations, ordinances and directives relating in any manner to the Premises, including but not limited to matters pertaining to the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any such assessmentHazardous Materials. Tenant shall indemnify, Landlord shall have protect, defend (with counsel acceptable to Landlord) and hold Landlord, its agents, directors, affiliates, officers, partners, managers, members, employees, lenders, and successors and assigns, and the rightPremises, upon reasonable prior notice to Tenantharmless from the against any and all loss of rents and/or damages, to enter liabilities, judgments, costs, claims liens, expenses, penalties, permit fees and inspect attorney’s and consultant’s fees arising out of or involving any Hazardous Materials brought onto, manufactured, produced or stored at, discharged or transported from, 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 for Tenant, its agents, employees, representatives, contractors, subtenants invitees, successors or licenseesassigns, or in any way under Tenant’s control. The foregoing covenants Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to any person, property or the environment created or permitted by Tenant, and the cost of investigation (including consultant’s and attorney’s fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. Landlord shall indemnify Tenant from any action by a governmental agency against Tenant regarding the presence of Hazardous Materials existing at the Building prior to the date Tenant first occupied the Premises, except to the extent such pre-existing condition was exacerbated by, or caused by, Tenant or its employees, contractors or agents. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Materials or Hazardous Materials Activities, unless specifically so agreed by Landlord in writing at the time of such agreement. Tenant acknowledges that: (a) the Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Building contain asbestos containing materials. Landlord has been advised that these materials are non-friable and do not represent a health risk. Tenant is invited to review reports concerning these matters on file at the office of the Building.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Use. Tenant shall use the The Premises are to be used only for the general office --- 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 which shall include, without limitationbut not be limited to, employee training, employee lunch room and/or kitchen facilities (including vending machines for Tenant's use only), printing facilities and incidental storage and warehouse facilities relating thereto, meeting and conference rooms, operation of an employee cafeteria, operation of an employee delicatessen (solely for the use of Tenant's employees and guests), telecommunication facility, data processing and computer facilities and equipment and for no other business or purpose without the Premises or a portion thereof for (i) offices prior written consent 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 Landlord 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 consent shall not do be unreasonable withheld, delayed or permit anything to conditioned, provided such use is consistent with the use of similarly situated office buildings in the area. No act shall 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 not, without Landlord's prior consent except as outlined and future lawsspecifically agreed to within this Lease, ordinances and requirements of all governmental authorities that pertain 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 or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing permitting requirement. Tenant, at its expense, shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant agrees that it Tenant, at its expense, shall promptly complete comply with all applicable laws, statutes, ordinances, governmental rules, regulations or requirements, and deliver the applicable provisions of any recorded documents now existing or hereafter in effect relating to Landlord any disclosure form regarding hazardous its use, operation or toxic materials that occupancy of the Premises and shall observe such reasonable rules and regulations as may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of 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 's sole cost and expense for any accommodations or alterations which need to be made to the interior 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 provisions of the “Indemnified Parties” Americans With Disabilities Act of 1990, as amended. Landlord shall be wholly responsible at Landlord's sole cost and expense (as defined subject to reimbursement pursuant to and in accordance with the terms of 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 3.2 of this Lease, if applicable) for any accommodations or alterations which need to be made to the exterior of the Premises and/or the Project to comply with the provisions of the Americans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, except for any accommodations or alterations required by Tenant's Work (as that term is defined in Exhibit E) or Tenant's particular use of the Premises. Notwithstanding the --------- foregoing, Landlord shall be responsible, at its sole cost and expense (not subject to any reimbursement hereunder), for the completion of the Building in compliance with all applicable laws, ordinances, rules and regulations.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Use. Tenant shall use the Premises only for general office purposes consistent with the purposes stated in Item 3 character of the Basic Lease ProvisionsBuilding as a first-class office building and shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material give Tenant any exclusive right to such use in the Project. Nothing contained herein shall be deemed to give Tenant any right to use any portion of the Building or the Project for parking for Tenant or Tenant’s employees, visitors or invitees. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or political subdivision thereof; (ii) offices or agencies any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of any foreign governmental or political subdivision thereof; (iii) offices Tenant’s failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, 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.objectionable

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

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

Samples: 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

Samples: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 Permitted Use and for no other use or purpose. Tenant shall not commit, or permit to be committed by any Tenant Party, any conduct or condition which would constitute a nuisance or would disturb, endanger or otherwise unreasonably interfere with any occupants 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 Project (whether through odors, noise, vibrations or otherwise), the management of the Project or the performance of Landlord’s obligations under this Lease Lease. Tenant shall includenot use or permit any Tenant Party to use of any portion of the Property or the Project for outdoor storage or auction. Tenant will, without limitationat its sole cost, promptly comply with, and cause Tenant’s Parties to promptly comply with, all Applicable Laws now or subsequently pertaining to Tenant’s specific use or manner of use of the Premises or a portion thereof for to Alterations made by Tenant or to the acts or omissions of Tenant or any Tenant Party (i) offices of any agency or bureau other than mere use 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 for the Permitted Use). Tenant shall not do or permit anything to be done in or about use the Premises which will Building in any way interfere with the rights or quiet enjoyment of other occupants of manner that would cause the Building or the ProjectProperty to be deemed a “place of public accommodation” under the ADA. Tenant, at its sole cost, shall be responsible for obtaining any permit, license, or use or allow the Premises to be used for other approval required by any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste governmental agency permitting Tenant’s conduct of business in the Premises or Building, other than the ProjectC/O (as defined in the Work Letter), which shall be obtained by Landlord in accordance with the Work Letter. Tenant shall not do or permit If an Alteration to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Property or the Project and/or their contentsbecomes required under any Applicable Law (or if any such requirement is enforced) as a result of Tenant’s specific use or manner of use of the Premises or to Alterations made by Tenant or to the acts or omissions of Tenant or any Tenant Party (other than mere use of the Premises for the Permitted Use), then Tenant shall upon Landlord’s demand and shall comply with all applicable insurance underwriters rulesat Tenant’s option, either make such Alteration at Tenant’s sole cost or pay Landlord the cost of making such change within 30 days after being billed therefor. Tenant shall comply at its expense with all present the rules and future lawsregulations attached hereto as Exhibit C, ordinances together with such additional 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 (regulations as such materials Landlord 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 reasonably prescribe 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 not less than 30 days’ prior notice to Tenant and any such additional rules and regulations shall not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease (“Rules and Regulations”). Tenant shall have access to the Building, to enter and inspect the Premises and Exterior Areas 24 hours per day, 7 days per week, 365 days per year during the Term, except 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 the extent of an emergency or 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 required repair or maintenance activities required by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this SectionLease. In all events Tenant shall indemnify each the event of any conflict or inconsistency between the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in Rules and Regulations and this Lease, 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 Leasecontrol.

Appears in 1 contract

Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)

Use. Tenant TENANT shall use the Premises only PREMISES for the purposes stated in Item 3 Production of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Co-generation Equipment and irreparable harm to Landlord Stamped Metal Products Purposes and shall entitle Landlord not use or permit the PREMISES to injunctive relief in addition to be used for any other available remedypurpose without the prior written consent of LANDLORD. 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 TENANT shall not do or permit anything to be done in or about the Premises PREMISES nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the PREMISES, the building complex, or any of its contents, or cause cancellation of any insurance policy covering said Complex or any part thereof, or any of its contents. TENANT shall not keep, maintain, place, or store any article of any nature, particularly refuse or garbage, in or about the exterior of the PREMISES. 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 Complex or the Project, injury or annoy them or use or allow the Premises PREMISES to be used for any unlawful improper, immoral, unlawful, or objectionable purpose, nor shall Tenant TENANT cause, maintain, or permit any nuisance in, or, or about the PREMISES. TENANT shall not commit or suffer to be committed any waste in or upon the Premises or the ProjectPREMISES. Tenant ________/_________ Version 31 Jan 2006 TENANT shall not use the PREMISES or permit anything to be done in or about the PREMISES which will, in any way, conflict with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. In the event that TENANT shall do or permit anything to be done anything which will invalidate or increase the cost in violation of any insurance policy(ies) covering the Buildingthese usage provisions, the Project and/or their contentsLANDLORD shall have, and shall comply with in addition to all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsother remedies, 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 Tenantbut not the duty, to enter and inspect take reasonable steps to enforce compliance therewith and, should LANDLORD incur any cost or damages as a result of such violation, TENANT shall immediately pay the Premises and same 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 LeaseLANDLORD.

Appears in 1 contract

Samples: Chapeau Inc

Use. Tenant The Premises shall use the Premises be used only for the purpose of receiving, storing, --- shipping and selling products, materials and merchandise made on the Premises and/or distributed by Tenant 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. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its specific use of the 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) 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 all 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 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 flammable. 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 or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous thank the risk associated with Tenant's stated use or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do use the Premises for the generation, storage, transportation or permit disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances. Without the prior consent of the Landlord, Tenant shall be entitled to use at the Premises cleaning supplies, toner for photocopying machines and other similar materials, in containers and ordinary use by Tenant in the routine operation or maintenance of Tenant's office equipment or in the routine janitorial service, cleaning and maintenance for the Premises. In addition, Landlord acknowledges that as part of the business Tenant will conduct at the Premises, a waste product known as solder flux is produced. Landlord hereby consents to the presence on the Premises of such product as part of Tenant's routine business provided that Tenant agrees that the storage, handling and disposal of such products shall be done anything which will invalidate in accordance with environmental laws. Landlord represents that Landlord has not treated, stored or increase the cost disposed of any insurance policy(ies) covering hazardous or toxic substances upon or within the BuildingPremises, nor, to the Project and/or their contentsbest of Landlord's actual knowledge, 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 has any predecessor owner 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 1 contract

Samples: Lease Agreement (Computone Corporation)

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 or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all federal and state occupational health and safety and handicap access requirementsobligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment obligations hereunder shall relate only to the interior of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in 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 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 1 contract

Samples: Lease Agreement (Skechers Usa Inc)

Use. Tenant shall The CITY hereby grants the COUNTY the non-exclusive right to use the Premises only Property for the purposes stated transmission and receipt of wireless communication signals in Item 3 any and all frequencies and the construction, operation, and maintenance of the Basic Lease Provisionstower, antennas, buildings, and related facilities and activities, except guy wires, and all other uses permitted under applicable zoning regulations ("Intended Use"). Provided; however, that the CITY grants to the COUNTY the exclusive right to use that portion of the Property described in Attachment A for the actual site of the Tower. The parties agree that COUNTY intends to construct, as part of the improvements, a telecommunication tower (monopole) and associated antennae of a height not to exceed the total height of two hundred seventy five (275) feet. All such construction shall be in accordance with EIA/TIA222G, Category III standards for government emergency radio communications specifications. CITY agrees to cooperate with COUNTY in obtaining, at COUNTY'S expense, all licenses and permits required for COUNTY'S use of the Property (the "Governmental Approval"). COUNTY may construct additional improvements, demolish and reconstruct improvements, or restore, replace and reconfigure improvements at any contrary use time during the Initial Term or any Renewal Term of this Lease, with prior written notice to and subsequent written consent from the CITY; provided, however, no building built in conjunction with the Tower shall exceed forty-five (45) feet in height. All such improvements and/or reconstruction shall conform to all applicable federal, state, agency and local codes, regulations, rules and the provisions of this agreement. Nothing herein shall be deemed a waiver of any City of COCOA BEACH code requirements, including but not limited to, permitting requirements and previously approved plans. COUNTY shall have no right to create or cause material a lien or encumbrance on the 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 that the interest 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 CITY shall not be deemed subject to proscribe liens for improvements made by the use by Tenant COUNTY, and that the COUNTY shall notify any contractor making such improvements 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 this provision 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 LeaseAgreement.

Appears in 1 contract

Samples: Interlocal Agreement Regarding Construction

Use. Tenant shall use the Premises only for the purposes stated Permitted Use and for no other use or purpose. Nothing in Item 3 of the Basic this Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm give Tenant any exclusive right 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, such 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 Building, the Facility or the Project. Tenant shall not do or permit to be done in or about the Premises nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit G or which is in conflict with or will invalidate or increase the cost of any --------- insurance policy(ies) policy covering the Building, the Facility, the Project and/or their or any part thereof or which will in any way increase the existing rate of, or affect, any fire or other insurance upon the building or its contents, and or which will cause a weight load or stress on the floor or any other portion of the Premises in excess of the weight load or stress which the floor or other portion of the Premises is designed to bear. Tenant, at Tenant's sole expense, shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present Applicable Laws affecting the Premises, and future laws, ordinances and the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body, now or hereafter instituted, and shall also comply with any order, directive or certificate of occupancy issued pursuant to Tenant any Applicable Laws, which affect the condition, use or its use occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsbut not limited to, any requirements of structural changes or other alterations related to or affected by Tenant's acts, occupancy, use or alteration of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use Landlord is a party to such action, shall be conclusive as between Landlord and enjoyment of the PremisesTenant in establishing such violation. 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 If 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 's failure to comply with the requirements provisions of this SectionArticle, the fire insurance rate shall at the beginning of this Lease or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for that part of all fire insurance premiums thereafter paid by Landlord which shall have been charged because of such failure of Tenant, and shall make such reimbursement upon the first day of the month following such outlay by Landlord. In all events any action or proceeding wherein Landlord and Tenant are parties, a schedule or "make up" of rates for the Facility, the Building or the Premises issued by the California Fire Insurance Rating Organization, or other body fixing such fire insurance rates, shall indemnify each be conclusive evidence of the “Indemnified Parties” (as defined in Section 10.3) facts therein stated and of the several items and charges 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 fire insurance rates then applicable to the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Preferred Credit Corp)

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsSection 1.01(e) hereof, and for no other purposes. The parties agree that any contrary Tenant shall not 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 permit the Premises or a any portion thereof to be used for any purpose other than the Permitted Uses or for any unlawful purpose or in any unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (iexcept to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) offices and Tenant shall give prompt written notice to Landlord of any agency notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or bureau subleases with third party vendors of Tenant’s choice for the purpose of operating any 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 referred to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsin the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in the Premises, nor bring or about the Premises keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do anything in or about the Premises and/or Project which will in any way obstruct or unreasonably interfere with the rights or quiet enjoyment of other tenants or 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 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 generate, handle, store commit or dispose of hazardous suffer to be committed any waste in 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

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. Tenant shall may use the Premises only for an optometric center and for such other lawful purpose or purposes as Landlord from time to time may approve in writing, such approval not to be withheld unreasonably. Tenant at all times shall comply fully with all federal, state and local laws, rules, regulations, orders and requirements relating to health, safety or the purposes stated environment, including without limitation those relating to ambient air, surface and ground water, surface and subsurface soils and other natural resources and those relating to the manufacture, processing, distribution, use, treatment, storage, handling, transportation, release, disposal or importing and exporting of hazardous substances, hazardous wastes, pollutants, contaminants, toxic substances, asbestos, oil, other petroleum or chemical, biological or radioactive substances, and shall not permit to exist on the Premises any hazardous substance, hazardous waste, pollutant, contaminant, toxic substance, asbestos, oil, other petroleum or chemical, biological or radioactive substance which is subject to regulation under any such law, rule, regulation, order or requirement or storage tank used for the storage thereof, whether above-ground or underground, except such as may be consented to in Item 3 writing by Landlord prior thereto. Tenant shall maintain the Premises in a clean, orderly and neat condition at all times, and shall not permit, allow or cause the adoption or use of any devices or practices on or about the Premises that would tend to detract from or impair the dignity of the Basic Lease ProvisionsPremises or otherwise create a nuisance. The parties agree Landlord acknowledges and agrees 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, the Tenant's intended use of the Premises as provided in this section does not in and of itself detract from or a portion thereof for (i) offices of any agency or bureau impair the dignity of the United States Premises 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) schoolsotherwise create a nuisance. Further, 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 permit, allow or permit anything cause any act or deed to be done in performed or any practice to be adopted or followed on or about the Premises which will in that shall cause or be likely to cause injury or damage to any way interfere with the rights person 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 generatehold harmless Landlord from and against any and all loss, handlecost, store claim, damage, liability, or dispose of hazardous or toxic materials (as such materials may be identified in expense, including reasonable attorney fees, incurred by Landlord arising from any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing 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 in violation of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice terms hereof or failure to Tenant, to enter and inspect maintain the Premises as herein provided, and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. the obligations of 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 hereunder shall survive the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Opticare Health Systems Inc

Use. Tenant shall use Landlord agrees that the Premises only may be used for (i) the purposes stated in Item 3 sale and trading of securities (including, without limitation) stocks and bonds), (ii) providing private banking services, investment banking services, trust services and other diversified financial services, (iii) the sale of insurance, (iv) office use, including conference and computer facilities, employee and visitor cafeteria and dining areas (including related kitchen facilities) and/or (vi) and other legally permitted use consistent with the character of the Basic Lease ProvisionsProject and Comparable Buildings. The parties agree that any contrary Tenant, at its sole cost and expense, shall promptly comply with all local, state and federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force relating to the 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 includeof the Premises, including, without limitation, the Americans with Disabilities Act, 42 U. S .C. § 12101 et seq. and any governmental regulations relating thereto (collectively, the “ADA”), including any required alterations within the Premises for purposes of “public accommodations” under such statute. However, notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant), at Landlord’s cost but as an item of Operating Expenses (subject to the provisions of Section 4(e) above establishing certain exclusions from Operating Expenses), shall be required to make any alterations or improvements to the Premises constituting capital expenditures (including, without limitation, alterations or improvements to the Premises in order to comply with the ADA constituting capital expenditures) and to the Building Structure and Building Systems (as those terms are defined in Section 7(a) below) to the extent such alterations or improvements are required to cause the Premises to comply with applicable laws, except that Tenant (and not Landlord), at Tenant’s sole cost, shall be responsible for performing such alterations or improvements work to the extent such compliance work is necessitated by the particular use of the Premises or a portion thereof for (i) offices by Tenant, any subtenant of any agency or bureau of the United States Tenant or any state of their respective employees, agents, contractors, licensees or political subdivision thereof; invitees (iicollectively, “Tenant Parties”) offices (as opposed to mere occupancy for general office use) or agencies of by 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 Alterations to the Premises under Section 8 below to the extent such Alterations are not ancillary to corporate, executive or professional normal and customary business office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsimprovements. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Project (unless Tenant agrees to pay such increased cost) or cause the cancellation of any insurance policy covering the Project, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Project, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way interfere with manner damage the rights Building, (v) place any harmful liquids in the drainage system or quiet enjoyment of other occupants of in the Building or soils surrounding the Project, or use (vi) disturb or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or unreasonably interfere with other tenants of the Project. Tenant shall not do If any of Tenant’s office machines or permit to be done anything which will invalidate or increase equipment unreasonably disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be reasonably necessary to eliminate the disturbance, all at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use sole cost and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseexpense.

Appears in 1 contract

Samples: Belvedere Place (Redwood Trust 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

Samples: License Agreement (New Century Financial Corp)

Use. a. Tenant shall use and occupy 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 general office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, and for no other purposes. 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 that the foregoing . Tenant, at Tenant's expense, 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 laws, 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 use, occupation or alteration of the Premises, or the conduct of Tenant's business therein, including without limitation the Americans with Disabilities Act and all applicable lawszoning, recycling and environmental laws and regulations. Tenant hereby agrees that it shall promptly complete to indemnify and deliver to hold harmless Landlord and its agents, officers, directors and employees from and against any disclosure form regarding hazardous cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or toxic materials that may be required suits brought by any governmental agency. Tenant shall also, from time to time upon request by third parties against Landlord, execute such affidavits concerning Tenant’s best knowledge its agents, officers, directors and belief regarding employees alleging or relating to 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 failure 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 terms of this Sectionthe Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. In all events Tenant shall indemnify each 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 “Indemnified Parties” (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 defined in Section 10.3) in permitted by applicable law. Tenant covenants not to change Xxxxxx's use of the manner elsewhere provided in this Lease from any release Premises without the prior written approval 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.

Appears in 1 contract

Samples: Work Agreement

Use. The Premises shall be used and occupied for general business office purposes and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the purposes stated "Building Rules" (as defined in Item 3 Section 27 - RULES AND REGULATIONS) except that repairs or alterations required to comply with Laws either (x) caused by Tenant's particular use or activities or by any Alterations made by Tenant (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be made by Landlord at Tenant's cost and expense, to be paid by Tenant to Landlord upon demand following completion of any such repairs or alterations, or (y) generally applicable to the condition of the Basic Lease Provisions. The parties agree that Premises for use as office space, and not required or caused by Tenant's particular use or activities or by any contrary use Alterations made by Tenant (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be deemed made by Landlord (and the cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof. Tenant shall not permit the Premises to cause material be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be used for educational activities (except for education of Tenant's employees and irreparable harm occasional training, seminars and similar events for Tenant's customers, subject to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under the provisions of this Lease shall includeLease, including, without limitation, Sections 9.2 and 37), practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (i) bring into the Project or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or a portion thereof for (i) offices of any agency Building or bureau any of the United States heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building and the Project ("BUILDING SYSTEMS"), or jeopardize the structural integrity of such Building or any state or political subdivision part thereof; (ii) offices connect to the utility systems of such Building any apparatus, machinery or agencies of any foreign governmental other equipment other than typical office equipment; or political subdivision thereof; (iii) offices of connect to 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 electrical circuit in the Premises any equipment or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost other load with aggregate electrical power requirements in excess 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 80% 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 rated capacity 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 Leasecircuit.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant agrees not to use or permit 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 for any purpose which is illegal or, except as consistent with the Permitted Use and in accordance with Exhibit F attached hereto, dangerous, which creates a nuisance or a portion thereof for (i) offices which would increase the cost of any agency or bureau of insurance coverage with respect to 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 stationsBuilding. Tenant shall will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as 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 unreasonably disturb, other occupants of the Building tenants 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 Landlord in the Premises or management of the Project. Tenant shall not do permit any ongoing objectionable or permit unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, excepting liquid nitrogen cylinders, gas cylinders, a generator and to the extent existing on the date hereof, a flammable chemical storage building in its existing location, but including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent, which consent shall not be done anything which unreasonably withheld. Tenant will invalidate or increase maintain the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsPremises in a clean and healthful condition, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, orders, rules and requirements regulations of all any governmental authorities that pertain entity with reference to Tenant the use, condition, configuration 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, and shall not generateallow its employees, handleagents, store contractors or dispose of hazardous invitees, to bring into the Building or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises any dangerous or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of hazardous materials, except for customary office and cleaning supplies and those permitted under Exhibit F attached hereto, provided Tenant uses, stores and disposes of the same in normal quantities so long as such use comports compliance with all applicable lawslaw. 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 testsat its expense, 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 rules and regulations of the “Indemnified Parties” (Building attached hereto as defined Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and delivered to Tenant in Section 10.3) in the manner elsewhere provided in this Lease from any release writing and will cause all of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licenseesinvitees and visitors to do so. The foregoing covenants All such changes to rules and regulations will be reasonable and shall survive be sent by Landlord to Tenant in writing. In the expiration or earlier termination event of a conflict between the rules and regulations and the terms of this Lease, the terms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in a discriminatory manner. Landlord acknowledges and agrees that Tenant’s two existing HVAC units and the backup generator located in the back truck court as currently operated do not violate the provisions of this Section 3 with respect to the noise created by the same, and Tenant agrees to properly maintain the same so that the noise created by such HVAC units and generator does not increase in any material amount.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Scynexis Inc)

Use. Tenant shall use the Premises only for GENERAL OFFICE USE 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 Building. 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 Building, or the Projectinjure 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 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 June 30, store or dispose 1983 as Instrument Number 83/115477 in the Official Records of hazardous or toxic materials Alameda County (the "CC&Rs"), and further amended via Certification of Amendment dated April 18, 1985 Instrument Number 85/07539 and Second Certification of Amendment dated October 11, 1989 Instrument Number 89/277713. 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 any federalamended from time to time. 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 Meyer Center- Pleasanton Owner's Association in normal quantities so long as such use comports with all applicable lawstheir sole dixxxxxion. 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 Tenant shall comply with any and all such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with all laws relating to the storage, use and disposal of Tenant’s compliance with this Sectionhazardous, toxic or radioactive matter, including those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, Division 4, Chapter 30 ("Title 22") as they may be amended from time to time (collectively "Toxic Materials"). As part If Tenant does store, use or dispose of any such assessmentToxic Materials, Landlord Tenant 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 notify Landlord in connection with any assessment by, among other things, promptly responding writing at least ten (10) days prior to inquiries and providing relevant documentation and records. The reasonable cost of their first appearance on 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 1 contract

Samples: Office Lease (Childrens Internet Inc)

Use. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises only for the purposes stated in Item 3 any or all of the Basic Lease ProvisionsPermitted Uses. The parties agree that any contrary Tenant may not 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 for any purpose other than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent shall not be unreasonably withheld, qualified or a portion thereof for delayed. Tenant shall conduct its operations and activities on the Premises in material compliance with all Applicable Laws; provided, (i) offices Tenant shall have the right to contest the enforcement or attempted enforcement of any agency or bureau of the United States or any state or political subdivision thereof; Applicable Law, in good faith and with due diligence, (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 have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the use by Tenant same and the period of customary office supplies in normal quantities so long as such use comports time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s Work to comply with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyApplicable Laws. Tenant shall alsocause its Alterations (if any) to comply with Applicable Laws. Tenant shall indemnify, defend and hold harmless Landlord from time to time upon request and against any third party claims and associated lawsuits, governmental actions, obligations, liabilities, damages, costs and expenses (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Landlord, execute such affidavits concerning Tenant’s best knowledge failure to conduct its operations and belief regarding activities at the presence of hazardous or toxic materials Premises in the Premisescompliance with Applicable Laws. Landlord Tenant shall have the right to discontinue its operations in the Premises, in whole or in part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to perform an assessment of require Tenant to use or occupy the environmental condition Premises, and Tenant’s vacation of the Premises and of or failure to use or occupy the Premises shall not constitute a default hereunder. Notwithstanding Tenant’s compliance with this Section. As part of any such assessmentelection to discontinue its operations at the Premises, 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 not cancel electric or water service to the “Indemnified Parties” Premises, Tenant shall keep the parking lights operational in accordance with its prior practices at the Premises, and Tenant shall cause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (as defined in Section 10.3) in excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), until 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 LeaseLease or Tenant’s right to possession of the Premises.

Appears in 1 contract

Samples: Lease Agreement (American Outdoor Brands Corp)

Use. Tenant shall continuously occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "Permitted Use") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises (including the Palomar over flight restrictions document #1998-0362387, as recorded on June 15, 1998 and resolution nos. The parties agree that any contrary use shall be deemed to cause material 4234 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 include4244, document #1998-0362388, as recorded on June 15, 1998), including without 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 a portion thereof for (i) offices of any agency or bureau of the United States Project common areas by Tenant or any state Tenant Party or political subdivision thereof; (ii) offices concerning occupational, health or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolssafety standards for employers, 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 Projectemployees, or use or allow the Premises tenants, then Tenant agrees, at its sole cost and expense, to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the Project. control of Tenant shall not do or permit and applies 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 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 on a continuing basis, 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 1 contract

Samples: Office Lease (Electronic Arts 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 BuildingBuilding or its contents (unless, with respect to any such increase in such cost, Tenant shall promptly upon demand reimburse Landlord for the Project and/or their contentsincreased 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 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 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

Samples: Industrial Lease (Homegrocer Com Inc)

Use. Tenant shall use the The Premises will be used only for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use. The parties agree that any contrary use shall be deemed to cause material Tenant 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 Tenant’s Agents will not: (i) offices do or permit to be done in or about the Premises, nor bring to, keep or permit to be brought or kept in the Premises, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation which is now in force or which may be enacted or promulgated after the Date of any agency Lease or bureau of with the United States or any state or political subdivision thereofDeclaration; (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 tenants of the Building or the Project, ; (iii) do or use permit anything to be done in or allow about the Premises which is dangerous to be used for any unlawful purposepersons or property; or (iv) cause, nor shall Tenant maintain or permit any nuisance in, on or commit any waste in about the Premises or the Project. Tenant shall not do commit or permit allow to be done anything which committed any waste in, on or about the Premises. At its sole cost and expense, Tenant 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 (a) 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 in force after the Commencement Date of all governmental authorities that pertain this Lease regarding the operation of Tenant’s business and the use, condition, configuration and occupancy of the Premises (except to the extent of Landlord’s obligations under Section 9.3 and Exhibit B-1 with respect to the Tenant or its use Work); (b) the certificate of occupancy issued for the Building and the Premises; and (c) any recorded covenants, conditions and restrictions, if any, which affect the use, condition, configuration and occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsthe Declaration. Notwithstanding the foregoing, whether or not however, Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant obligations under this Section 9.1 shall not generate, handle, store or dispose include the performance of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in structural work with respect to 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 portions of the environmental condition of Project, except to the Premises and of Tenant’s compliance with this Section. As part of any extent 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 work is required 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” (a) Tenant’s Alterations (as defined in Section 10.312.3), (b) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for the Permitted Use in a normal and customary manner) or (c) a change in the manner elsewhere provided Permitted Use stated in this Lease from any release Section 1.8, regardless of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licenseeswhether Landlord approves such change. The foregoing covenants shall survive term “Permitted Use” specifically excludes any use as a call center or similar high-density use that exceeds any density limitation set forth in the expiration Rules and Regulations; as an employment agency for day labor; by a governmental agency; or earlier termination of this Leasethat is inconsistent with the Building being a Class A professional office building consistent with other Class A office buildings in the San Xxxx and Santa Xxxxx market area.

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

Use. Tenant shall use the Premises only for the purposes stated as described 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 Provisions 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 purposeother purpose without the prior written consent of Landlord, nor which consent shall not be unreasonably withheld. Tenant permit shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any nuisance use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or commit of said certificate of occupancy. Tenant, at its sole cost and expense, except as may be provided elsewhere in this lease, , agrees to comply with all laws, rules, regulations and directions of any waste in governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Projectuse or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy(ies) policy covering the Building, the Project and/or their contents, Building and shall comply with all applicable insurance underwriters rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Xxxxxx's failure to comply at its expense with all present and future lawsthe provisions of this Article. Tenant shall not allow the Premises to be used for any improper, ordinances and requirements of all governmental authorities that pertain to immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or its use of the Premisespermit any nuisance in, including without limitation all federal and state occupational health and safety and handicap access requirements, whether on or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generate, handle, store commit or dispose of hazardous suffer to be committed any waste in 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

Samples: Lease (Community Bancorp 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

Samples: Lease Agreement (Asset Acceptance Capital Corp)

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

Samples: 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

Samples: Agreement of Sublease (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

Samples: Lease Agreement (Allegiant Travel CO)

Use. Tenant understands that the Ground Lease permits certain uses of the Premises and prohibits any other uses, and that any use of the Premises in violation of the Ground Lease would cause Landlord material and irreparable harm. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, to the extent also permitted under the Ground Lease and by applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The uses permitted under the Ground Lease are as follows: (a) medical and biotechnology equipment design, engineering, manufacturing and assembly; (b) research activities, including research and development laboratories; (c) research activities, including research laboratories, developmental laboratories and related light manufacturing; (d) professional services serving high technology or research activities and business, such as employment agencies, offices for accountants, attorneys, engineers, photographers or artists, and sales offices for products and services; (e) computer assembly, computer design, software design and communications, or computer networking; and (f) accessory and incidental related uses, including cafeterias and auditoriums, and administrative, professional and business offices (including, but not limited to, reception area, conference rooms, private offices, showrooms and document rooms). 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, or use the Premises in violation of the Ground Lease, nor shall Tenant permit any public or private nuisance or commit any waste in the Premises or the Project. In particular, Tenant shall not permit any use of the Property involving any vibration, noise, sound or disturbance that is objectionable due to intermittence, beat, frequency, shrillness or loudness; any lighting which does not comply with the requirements of Landlord’s design guidelines; any electro-mechanical or electro-magnetic disturbance radiation; any air or water pollution; any emission of odorous, noxious, caustic, or corrosive matter, whether toxic or nontoxic, gas; any litter, dust, dirt or fly ash in excessive quantities; any unusual firing, explosion or damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks; any junk yard, stock yard, distillation of bones, or animal raising, storage, sxxxxxxxx, or disposition of any kind; any drilling for excavation, refining and/or removal of earth materials, oil gas, hydrocarbon substances, water, geothermal system, and any other subsurface substances of any nature whatsoever; any dumping, disposal, incineration, or reduction of animal remains, garbage or refuse of any nature whatsoever, other than handling or reducing any such waste matter if actually produced at the Project from authorized uses and if handled in a reasonably clean and sanitary manner; any auction, public sale, or similar operation; and any commercial excavation of sand, gravel or other building or construction materials. 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 requirements, and handicap access requirementsall policies, procedures and regulations promulgated by Ground Lessor pertaining generally to the use of portions of Ground Lessor’s real property leased for non-public purposes and to activities taking place upon Ground Lessor’s real property, 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 and Ground Lessor 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

Samples: Lease (Broadcom Corp)

Use. Tenant A. The demised Premises shall use the Premises be used only for the purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials, merchandise and alcoholic beverages made and/or distributed by Tenant and for such other lawful purposes stated as may be incidental thereto, and subject to the park covenants of record in Item 3 effect as of the Basic Lease Provisionscommencement of this Lease. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeOutside storage, including without limitation, trucks (other than Tenant's "UPS" size delivery trucks) and other vehicles, is prohibited without Landlord's prior written consent. 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 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, not take any other action which would constitute a unreasonable nuisance or would disturb or endanger any other tenants of the building in which their Premises are situated or about the Premises which will in any way 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 otherwise handle any product, material or merchandise (other occupants of the Building than products, in normal quantities, used by Tenant for ordinary cleaning and janitorial supplies, products used for office purposes, and typical grocery or the Project, drug merchandise) which is explosive or use or allow highly flammable. Tenant will not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in 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, manner (including without limitation all federal and state occupational health and safety and handicap access requirements, whether any method of storage) which would render the insurance thereon void 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 insurance risk more hazardous or toxic materials cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits, without assuming additional costs related thereto. (as such materials may be identified in any federalSee also Additional Provisions, 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.13)

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com 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 administration, software design and non-destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials, and all in a manner consistent with operation within a first-class general office use building, so as not to exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or a portion thereof for (i) offices interfere with the use or occupancy of any agency or bureau other occupant of the United States Project). 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. 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 there 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. §§ 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., 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 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 Premises. 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 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 Lessee 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 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 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 the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies except if caused, 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 whole 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 Tenantpart, to enter and inspect the Premises and to perform testsbe present thereon or thereabout by Lessee, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment bysubtenant of Lessee and/or any of their respective employees, 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 1 contract

Samples: Office Lease (Borland Software Corp)

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

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances, including without limitation the Americans With Disabilities Act of 1990 (the "ADA"), and solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Paragraph 1.J 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 stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex 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 the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 about the Premises or the ProjectComplex. Tenant No sale by auction 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 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 therein, 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 Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord; 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 comply with any covenants, conditions, or restrictions ("CC&R's") affecting the Premises, as the same may hereafter be amended from time to time, as well as any reasonable rules and regulations promulgated by Landlord from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge (the "Rules and belief regarding the presence of hazardous or toxic materials in the PremisesRegulations"). Landlord shall have reserves the right at any to reasonably amend such Rules and Regulations from time to perform an assessment time as Landlord may deem appropriate, which amendment shall be binding upon Tenant upon delivery 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 copy thereof to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding shall use its best efforts 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, cause its agents, employees, contractorscontractors and invitees to cooperate in observance of such Rules and Regulations, subtenants or licenseesas the same may be amended from time to time. The foregoing covenants shall survive the expiration or earlier termination provisions of this LeaseParagraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex. Landlord shall not be responsible to Tenant for the breach of the Rules and Regulations by any other tenant or occupant of the Complex.

Appears in 1 contract

Samples: Lease Agreement (Sierra Monitor Corp /Ca/)

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

Samples: Ground Lease Agreement (CommunitySouth Bancshares Inc)

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

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

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

Samples: Lease (Micrus Endovascular Corp)

Use. Tenant shall use the Premises only for or 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 amount the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Project, 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 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 Office 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 (materials, as such materials may be identified in any federal, 22 state or local law or regulation) , in the Premises premises or Project 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 my be required by any governmental agency. 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 provision 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

Samples: Vision Solutions Inc

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building 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. Except as otherwise expressly provided in this Lease, Tenant shall not do perform any work or permit to be done anything which will invalidate or increase the cost of conduct any insurance policy(ies) covering the Building, business whatsoever in the Project other than inside the Premises. The foregoing provisions, however, shall not prohibit individual employees of Tenant from “working” and/or “conducting business” in the Common Areas on their contentslap top computers, and shall comply with all applicable insurance underwriters rules“smart” phones or other personal WIFI devices. 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 and with all energy usage reporting requirements 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

Samples: Lease (Silicon Graphics International 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 rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordsrecords relating to hazardous or toxic materials at the Premises. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section; otherwise, the same shall be at Landlord's expense and not a Building Cost. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Quest Software Inc

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