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. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 3 contracts
Sources: Industrial Lease (Oculex Pharmaceuticals Inc /), Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Immersion Corp)
Use. Tenant shall may use the Premises only for the purposes stated in Item 3 Healthcare Use and for no other use or purpose. Tenant’s use of the Basic Lease Provisions, all Premises must be in accordance with all applicable laws Laws, including, without limitation, applicable zoning and land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or any covenants, restrictions and pursuant or agreements hereafter created by or consented to approvals by Tenant applicable to be the Premises; provided, however, that this sentence shall not apply with respect to any Permitted Encumbrance in effect on the Date of Rent Commencement so long as (i) the title insurance policy obtained by Tenant from all relevant Landlord in connection with its purchase of the Premises (and required governmental agencies and authorities. The parties agree that the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against any contrary use shall be deemed loss arising due to cause material and irreparable harm a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and shall entitle Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions satisfactory to Landlord and Lender in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to injunctive relief Landlord and Lender, or (C) defeasance or loss of priority of its interest in addition the Premises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any other available remedy. covenants, restrictions or agreements hereafter created by or consented to by Tenant, at its expenseTenant shall observe, shall procureperform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, maintain 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. Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or about on the Premises in a manner which will in any way interfere with the rights of other occupants of the Building would constitute a public 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 or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancewaste.
Appears in 3 contracts
Sources: Master Lease (Summit Healthcare REIT, Inc), Lease Agreement (Cornerstone Core Properties REIT, Inc.), Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant in accordance 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 provisions thereofADA as of the Commencement Date. Tenant shall promptly upon demand reimburse Following the Commencement Date, Landlord for any additional insurance premium charged shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are Net Multi-Tenant Laboratory 455 Mission Bay/Twist Bioscience - Page 7 required by Legal Requirements. Except as provided in the two immediately preceding sentences, 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 ADA) triggered by Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the provisions of this Section, and shall indemnify Landlord from Premises or any liability and/or expense resulting from Tenant's noncomplianceTenant Alterations.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
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 the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant Landlord set forth on Exhibit C. Tenant agrees not to approvals commit or permit any act to be obtained 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 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 remedyLandlord. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, comply with all governmental approvalslaws, licenses ordinances, rules and permits required for regulations applicable to the proper and lawful conduct of Tenant's permitted use of the Premises and its occupancy and shall 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 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 replacement and/or successor law, ordinance, code or rule or regulation, including, without limitation, the 2▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 Building by making any undue or unseemly noise or 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 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 without the prior written consent of Landlord. In no event shall Tenant (i) permit the storage of any materials, equipment or other personal property outside of the Project. Tenant shall not perform Building or (ii) permit any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit motor vehicle 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 and the requirements parked outside 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceovernight.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Project as proportionately allocated to the Building. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project and/or their contentsis located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, and shall comply with all applicable insurance underwriters rules and the requirements as compared to other tenants 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 lawsProject, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the PremisesPremises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the immediately preceding sentence, including 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 all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s particular use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first sentence of this paragraph, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's ’s failure to comply with any Legal Requirements as required in connection with Tenant’s particular use or occupancy of the provisions Premises as provided in this paragraph, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement as required in connection with Tenant’s particular use or occupancy of the Premises as provided in this paragraph. For purposes of Section 1938 of the California Civil Code, as of the date of this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancethe Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of other occupants Landlord, conduct or give notice of any auction, liquidation, or going out of business sale on the Building or the ProjectPremises, 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 place any work machinery or conduct equipment which would overload the floor in or upon the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any business whatsoever manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall cause Landlord’s Work to be completed in compliance with applicable Legal Requirements (including the ADA). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Project other than inside the Premises. Tenant shall not do or permit to be done anything area in 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 and is located) or at Tenant’s expense (to the requirements extent such Legal Requirement is triggered by reason 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its Tenant’s specific use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether the Tenant Improvements or not Tenant's compliance will necessitate expenditures ’s Alterations) make any alterations or interfere with its use and enjoyment modifications to the exterior of the PremisesBuilding that are required by Legal Requirements. Tenant shall comply Except as otherwise expressly provided in this paragraph, Tenant, at its expense with all present and future covenantssole expense, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and shall make any amendments alterations or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the provisions thereofADA) related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason 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 related to the Tenant Improvements, Tenant's ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Premises or Tenant's noncompliance’s Alterations.
Appears in 2 contracts
Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which has been declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or Tenant in accordance 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 provisions thereofADA) related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason 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 related to Tenant's ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 2 contracts
Sources: Lease Agreement (Vir Biotechnology, Inc.), Lease Agreement (Vir Biotechnology, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as 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, at Landlord’s sole cost and expense, be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of Landlord’s Work or the Tenant Improvements as reflected on the TI Space Plans attached to the Work Letter as Schedule 2 as of the date of Shell Substantial Completion. Tenant shall not do or permit to be done anything which will invalidate or increase responsible for the cost compliance of the Premises with Legal Requirements and shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of any insurance policy(ies) covering changes to the BuildingTI Space Plans attached to the Work Letter as Schedule 2. Following the date of Shell Substantial Completion, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project and/or their contentsis located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, and shall comply with all applicable insurance underwriters rules and the requirements as compared to other tenants 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 lawsProject, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether the Tenant Improvements or not Tenant's compliance will necessitate expenditures ’s alterations) make any alterations or interfere with its use and enjoyment modifications to the Common Areas or the exterior of the PremisesBuilding that are required by Legal Requirements. Tenant shall comply Except as otherwise provided in the 2 immediately preceding sentences, Tenant, at its expense with all present and future covenantssole expense, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and shall make any amendments alterations or modifications theretoto the interior of the Premises that are required by Legal Requirements (including, including without limitation limitation, compliance of the payment by Premises with the ADA) related to the Tenant Improvements (as defined in the Work Letter), Tenant’s use or occupancy of any periodic or special dues or assessments charged against the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary (other than Landlord’s responsibility for the Common Areas as provided for in the first two sentences of this paragraph), Tenant which may shall be allocated 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 related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant in accordance with the provisions thereof. Tenant’s Alterations, and Tenant shall promptly upon demand reimburse indemnify, defend, hold and save Landlord for harmless from and against any additional insurance premium charged by reason and all Claims arising out of Tenant's or in connection with any failure of the Premises to comply with any Legal Requirement related to the provisions Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancethe Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), 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. 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 Provisions, all in accordance with applicable laws and restrictions and pursuant Premises or subject the Premises to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree use that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for 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 would damage the Premises. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements to the extent applicable as a result of Tenant’s use or occupation of the Premises. Tenant will not use or permit anything to be done in or about the Premises which will in any way interfere with the rights 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 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 on the Building, Premises or the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau is caused by Tenant’s use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupation of the Premises, including without limitation all federal and state occupational health and safety 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 Premises. Premises by Tenant prior to the Commencement Date shall comply at its expense with be subject to all present and future covenantsobligations of Tenant under this Lease, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation except for the payment by Tenant of any periodic Base Rent or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceOperating Expense Payments.
Appears in 2 contracts
Sources: Lease Agreement (Virobay Inc), Lease Agreement (Virobay 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, and in compliance with all in accordance with applicable laws laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be obtained by a violation of a Legal Requirement. Tenant from 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, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement; provided, however, that if during the Term Tenant desires to use all relevant and required governmental agencies and authorities. The parties agree that any contrary use or part of the Premises as a place of public accommodation (as so defined), Tenant shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to solely responsible for complying with all applicable Legal Requirements (including, but not limited to, the ADA or any other available remedy. Tenant, similar legal requirement) at its expensesole cost and expense in connection with, or arising out of, such use. Tenant shall procure, maintain and make available reimburse Landlord promptly upon demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of other occupants Landlord, including conducting or giving notice of the Building or the Projectany auction, liquidation, or use going out of business sale on the Premises, or allow using or allowing 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 place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Project other than inside Premises without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not do not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or permit to be done anything which will invalidate or increase water beyond 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 and the requirements existing capacity 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of Premises as usually furnished for the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancePermitted Use.
Appears in 2 contracts
Sources: Lease Agreement (Arbutus Biopharma Corp), Lease Agreement (Arbutus Biopharma Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the prior written consent of Landlord, which shall not be unreasonably withheld. Except as 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, at Landlord’s sole cost, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Thereafter, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements first applicable to the Project following the Commencement Date, except to the extent arising from Tenant’s Alterations or Tenant’s particular use or occupancy of the Premises. , in which case Tenant shall not do or permit be responsible for the same. Subject to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply Work Letter, Tenant, at its expense with all present and future lawssole expense, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and make any amendments alterations or modifications thereto, including without limitation to the payment by Tenant interior or the exterior of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s Alterations or Tenant’s use or occupancy of the Premises during the Term. Notwithstanding any other provision herein to the Premises or Tenant in accordance with the provisions thereof. contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason 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 related to Tenant's ’s Alterations or Tenant’s use or occupancy of the Premises during the Term, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancePremises during the Term.
Appears in 2 contracts
Sources: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)
Use. The Premises shall only be used for general office use consistent with the operation of a first-class office building on the;Olympic Corridor in the West Los Angeles area (the "Specified Use") and for no other purposes, without Landlord's prior written consent, which consent shall be in Landlord's sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include. but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed user is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises only for the purposes stated and/or Building. So long as Tenant is 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. Tenant, at its expense, shall procure, maintain 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 control of the Premises. , Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building, Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially obstriict or unreasonably interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure them; Tenant shall not use or allow the Premises to be used for any unlawful purposepornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or commit any waste in the Premises in, on or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside aboui the Premises. Tenant shall not do use the Premises in any manner that in Landlord's reasonable judgrhent would adversely affect or permit interfere with any services Landlord is required to be done anything which will invalidate furnish to Tenant or increase the cost to any other tenant or occupant of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or would interfere with its use or obstruct the proper and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 economical rendition of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancesuch service.
Appears in 2 contracts
Sources: Office Lease (Platinum Studios, Inc.), Office Lease (Platinum Studios, Inc.)
Use. (a) Tenant shall use the Premises only for the purposes stated Permitted Use (as defined 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. Tenant, at its expense, shall procure, maintain 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 PremisesInformation). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises which that will in any way interfere with the rights 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 rate of any insurance policy(ies) covering on the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant Building or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofcontents. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this SectionParagraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall indemnify Landlord from any liability and/or expense resulting from be required for the proper and lawful conduct of Tenant's noncompliancebusiness in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done in the Premises, in any manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or is likely to cause injury to the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, reputation or appearance of the Building as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
Use. Tenant Subtenant shall use and occupy the Sublease Premises only for the purposes stated permitted under, and in Item 3 a manner consistent with, the provisions of the Basic Lease ProvisionsMaster Lease. Subtenant will pay for any damage to any part of the Sublease Premises, all in accordance Building or Center, subject to any applicable waiver of subrogation provision, if (i) caused by any act or omission by Subtenant or Subtenant’s employees, agents, licensees, contractors or invitees and (ii) Sublandlord would be required to pay for such damage under the Master Lease. Subtenant will comply 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. Tenant, at its expense, shall procure, maintain 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 provisions of the Premises. Tenant shall Master Lease and the Center’s Rules and Regulations and will not do cause anywhere in the Center, Building or permit anything in the Sublease Premises, (i) any activity or thing contrary to be done in applicable law, ordinance, regulation, restrictive covenant, or about the Premises insurance regulation; or which will is in any way interfere with immoral or extra hazardous or could jeopardize the rights coverage of other occupants normal insurance policies or increase their cost; (ii) waste or nuisance, or any activity causing odors perceptible outside the Sublease Premises; or (iii) overloading the floors or the structural or mechanical systems of the Building. Subtenant shall not erect or place any item in or upon the areas outside the Sublease Premises, except as expressly provided in this Sublease. Subtenant shall not erect or place any item (including, without limitation, signs) in, upon or visible from the exterior of the Building or without the Projectconsent of Master Landlord and Sublandlord, or use or allow the Premises to be used for any unlawful purpose, nor except as expressly provided in this Sublease. Subtenant 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 at Subtenant’s sole cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall expense faithfully observe and promptly comply with all applicable insurance underwriters rules local, state and federal laws, statutes, ordinances and governmental resolutions, orders, rules, regulations and requirements now in force or which may hereafter be in force with respect to Subtenant’s use, occupancy or possession of the Sublease Premises and Subtenant’s business conducted in the Sublease Premises and with the requirements of the Pacific Fire Rating Bureau any board of fire underwriters or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions body now or hereafter constituted relating to or affecting the condition, use or encumbering occupancy of the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofSublease Premises. Tenant Subtenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to also comply with any covenant, condition or restriction affecting the provisions Building. Subtenant’s obligations under this Paragraph 8 will survive the termination of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceSublease.
Appears in 2 contracts
Sources: Sublease Agreement (Avanir Pharmaceuticals), Sublease Agreement (Tenby Pharma Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or Tenant in accordance with at Tenant’s expense (to the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged extent such Legal Requirement is applicable solely by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or as a result of Tenant’s Alterations (excluding the Tenant Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. After the Commencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, 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 any failure of the Premises to comply with the provisions of this Sectionany Legal Requirement, and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)
Use. (a) The premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated use set forth in Item 3 of the Basic Lease ProvisionsInformation. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, and requirements in accordance with applicable laws and restrictions and pursuant to approvals to be obtained effect during the term regulating Tenant's activities or the use by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for 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 Premisespremises. Tenant shall not do use or permit anything to be done in or about the Premises which will use of the premises in any way interfere with the rights of manner that will tend to create waste or a nuisance, which shall tend unreasonably to disturb other occupants tenants of the Building or the ProjectBuilding, or use or allow which shall violate the Premises to be used for terms of any unlawful purposerecorded restrictions affecting the Building, nor shall Tenant permit place or maintain any nuisance signs on or commit visible from the exterior of the premises without Landlord's written consent, or use any waste in corridors, sidewalks, or other areas outside of the Premises premises for storage or any purpose other than access to the Projectpremises. Notwithstanding any other provision of this Lease, Tenant shall not perform use, keep, or permit to be used or kept on the premises any work foul or conduct noxious gas or substance or any business whatsoever in the Project other than inside the Premises. hazardous or toxic material, nor shall Tenant shall not do or permit to be done anything in and about the premises, either in connection with activities hereunder expressly permitted or otherwise, which will invalidate or increase the cost would cause a cancellation of any policy of insurance policy(iesmaintained by Landlord in connection with the premises or the Building or which would violate the terms of any covenants, conditions, or restrictions affecting the Building or the land on which it is located.
(b) covering Tenant shall not cause, or allow anyone else to cause, any hazardous, toxic, or radioactive materials (collectively "Hazardous Materials") to be used, generated, stored, or disposed of on or about the Buildingpremises or the Building without the prior written consent of Landlord, which consent may be withheld in the Project and/or their contentssole discretion of Landlord, and which consent may be revoked at any time. Tenant shall strictly comply with all applicable insurance underwriters rules 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 statutes, laws, ordinances, restrictionsrules, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions precautions now or hereafter affecting mandated or encumbering advised by any federal, state, local or other governmental agency with respect to the Building and/or Projectuse, generation, storage, or disposal of Hazardous Materials. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq. and any amendments or modifications theretoother governmental statutes, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Sectionlaws, ordinances, rules, regulations, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceprecautions.
Appears in 2 contracts
Sources: Sublease (Depomed Inc), Research and Development Lease (Penederm Inc)
Use. Tenant shall use the Premises only for the purposes stated in that use shown as Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or permit the Premises to be obtained used solely for any other purpose without the prior written consent of Landlord which consent may be withheld in Landlord's sole discretion. Tenant 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 use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any 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 use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant from all relevant and required governmental agencies and authorities. The parties agree in any action or proceeding against Tenant that Tenant has violated any contrary such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to cause material and irreparable harm to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall entitle Landlord not do or permit to injunctive relief in addition to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other available remedyinsurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the National Fire Protection Association or any other organization performing a similar function. TenantTenant shall promptly, at its expenseupon demand, shall procure, maintain and make available reimburse Landlord for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct such policy by reason of Tenant's permitted use failure to comply with the provisions of this Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the Premisesprovisions of this Section. 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 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 perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste 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 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, restrictions, regulations, orders, rules 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 requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Use. (a) Tenant shall use the Premises only for the purposes stated Permitted Use (as defined 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. Tenant, at its expense, shall procure, maintain 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 PremisesInformation). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises which that will in any way interfere with the rights 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 rate of any insurance policy(ies) covering on the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant Building or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofcontents. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance by reason of Tenant's ’s failure to comply with the provisions of this SectionParagraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Subject to Landlord’s maintenance, operation and repair obligations expressly set forth in this Lease, Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall indemnify be required for the proper and lawful conduct of Tenant’s business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord from agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any liability such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done in the Premises, in any manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or is likely to cause injury to the Buildings or any equipment, facilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, reputation or appearance of the Buildings as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or expense resulting from Tenant's noncomplianceits equipment, facilities or systems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, and at its sole expense, shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar function. Tenant shall comply at its expense with all present and future lawsthe Project that are required by Legal Requirements (including, ordinanceswithout limitation, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use compliance of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues in connection with Legal Requirements related to Tenant’s use or assessments charged against occupancy of the Premises or Tenant’s Alterations, and Tenant which may be allocated shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance’s Alterations.
Appears in 2 contracts
Sources: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall comply with all applicable insurance underwriters rules and be responsible for the requirements compliance of the Pacific Fire Rating Bureau or any Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its specific use of the PremisesPremises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as set forth in the two prior sentences immediately preceding, including Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Except as otherwise expressly provided in this Lease, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all applicable laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction over Tenant’s operations to be a violation of a Legal Requirement. 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 to an unreasonable level, or cause the disallowance of any sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform any work place equipment exceeding the floor load capacity in or conduct any business whatsoever upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Net Multi-Tenant Laboratory ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Pines/Ligand - Page 9 Landlord shall, at Landlord’s cost and shall comply with all applicable insurance underwriters rules and expense, be responsible for the requirements compliance of the Pacific Fire Rating Bureau or Building (excluding the Premises and any other organization performing a similar functioncompliance resulting from the Tenant Improvements all of which costs and expenses shall be the responsibility of Tenant) with Legal Requirements as of the Commencement Date. Tenant shall comply Tenant, at its expense with all present and future lawssole expense, ordinancesshall make any improvements, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain alterations or modifications to Tenant the interior or its use the exterior of the PremisesPremises or the Project that are required by Legal Requirements (including, including without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s Tenant Improvements, Tenant’s Alterations, and/or Tenant particular use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's ’s failure to comply with the provisions of this Sectionany Legal Requirements as required herein, and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from and all Claims arising out of or caused by Tenant's noncompliance’s failure of the Premises to comply with any Legal Requirement as required herein.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)
Use. Tenant shall To use the Premises only for the purposes stated Permitted Uses, and from time to time to procure all licenses and permits necessary therefor, at Tenant’s sole expense. With respect to any licenses or permits for which Tenant may apply, pursuant to this subsection 6.1.2 or any other provision hereof, Tenant shall furnish Landlord copies of applications therefor on or before their submission to the governmental authority. Tenant shall be solely responsible for maintaining compliance with all such permits or approvals and shall hold Landlord harmless for any violations thereof by Tenant. The vivarium will be permitted to be operated in Item 3 the portion of the Basic Lease Provisions, all Premises shown on plans approved by Landlord in accordance with applicable laws [Exhibit A], 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 used for biopharmaceutical research, development, handling and testing of [rodents and other small mammals] (“Permitted Animals”). If Tenant proposes to cause material use any animals other than the Permitted Animals in its operations, it shall first obtain the prior written consent of Landlord. Animal testing, solely of Permitted Animals, shall be permitted subject to the following: (i) all testing shall be conducted in strict compliance with all applicable governmental rules and irreparable harm to Landlord regulations and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantbe disposed of, at its Tenant’ sole cost and expense, in strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall procure, maintain be permitted to emanate from or permeate outside the vivarium; and make available for Landlord's inspection throughout (iv) Tenant’s use of the Term, all governmental approvals, licenses vivarium shall not interfere with the peaceable and permits required for the proper quiet use and lawful conduct of Tenant's permitted use enjoyment by other tenants or occupants of the Premises. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals into the Premises and shall maintain such permits and approvals during the Lease Term. Tenant shall not do use, or suffer or permit the use or occupancy of, or suffer or permit anything to be done in or anything to be brought into or kept in or about the Premises or any part thereof (including, without limitation, any materials, appliances or equipment used in the construction or other preparation of the Premises and furniture and carpeting): (i) which will would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or any other legal requirements; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the reasonable judgment of Landlord shall in any way (a) impair, interfere with or otherwise materially diminish the rights quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other occupants servicing of the Building or the ProjectPremises, or with the use or allow occupancy of any of the Premises other areas of the Building, or occasion injury or damage to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in occupants of the Premises or the Project. Tenant shall not perform any work other tenants 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 occupants of any insurance policy(ies) covering the Building, ; or (iv) which is inconsistent with the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment maintenance of the Premises. Tenant shall comply at its expense with all present All Hazardous Substances, laboratory chemicals, laboratory animals and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against other laboratory materials must be brought into the Premises or Tenant which may be allocated to via the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancefreight elevator.
Appears in 2 contracts
Sources: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void the insurance that Tenant and Landlord are required to maintain pursuant to Section 17 hereof, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant 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 Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, 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 ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Premises or Tenant's noncompliance’s Alterations.
Appears in 2 contracts
Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or Tenant in accordance with modifications to the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, 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 ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, 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 any failure of the Premises to comply with the provisions of this Sectionany Legal Requirements, and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, and at its sole expense, shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar function. Tenant shall comply at its expense with all present and future lawsthe Project that are required by Legal Requirements (including, ordinanceswithout limitation, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use compliance of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with any Legal Requirement. For purposes of Section 1938 of the provisions California Civil Code, as of the date of this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancethe Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Corvus Pharmaceuticals, Inc.), Lease Agreement (Corvus Pharmaceuticals, 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. The Premises shall be used in compliance with all laws, all in accordance with applicable laws orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be obtained a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant in accordance with intends to locate at least 4, but up to 8, Fire Safes within the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason Premises, each of Tenant's failure to comply with which may weigh approximately 900 pounds plus the provisions weight of this Sectionthe contents, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancehereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord, within 10 days after delivery to Tenant of written demand therefor, for any additional premium actually charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith. The cost to obtain any such certification will not be included as part of Operating Expenses, but any cost to maintain such certification in effect shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancebe includable as part of Operating Expenses.
Appears in 2 contracts
Sources: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)
Use. The Premises shall only be used for general office use consistent with the operation of a first-class office building in the Woodland Hills area (the “Specified Use”) and for no other purposes, without ▇▇▇▇▇▇▇▇’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
(a) the proposed use will place a disproportionate burden on the Building systems;
(b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
(c) the proposed use would generate excessive foot traffic to the Premises only for the purposes stated and/or Building. So long as Tenant is 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. Tenant, at its expense, shall procure, maintain 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 control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them. Tenant shall not use or allow the Premises to be used for any unlawful purposepornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any unreasonable nuisance or commit any waste in the Premises in, on or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do use the Premises in any manner that in Landlord’s reasonable judgment would materially and adversely unreasonably affect or permit interfere with any services Landlord is required to be done anything which will invalidate furnish to Tenant or increase the cost to any other tenant or occupant of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or would interfere with its use or obstruct the proper and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 economical rendition of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancesuch service.
Appears in 2 contracts
Sources: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, and at its sole expense, shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar function. Tenant shall comply at its expense with all present and future lawsthe Project that are required by Legal Requirements (including, ordinanceswithout limitation, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use compliance of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with any Legal Requirement, except to the provisions extent arising from Landlord’s negligent or willful acts or omissions. Tenant’s indemnity obligations hereunder, however, shall be limited to the extent of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance’s authority to provide such indemnification under applicable law.
Appears in 2 contracts
Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)
Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 the basic lease provisions on page 1 of the Basic Lease Provisionsthis Lease, and in compliance with all in accordance with applicable laws laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. ▇▇▇▇▇, et seq. (together with the regulations promulgated pursuant to approvals to be obtained by thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days' written notice from all relevant and required governmental agencies and authorities. The parties agree that 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. Tenant, at its expense, shall procure, maintain 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 PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 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 sprinkler or commit any waste in the Premises or the Projectother credits. Tenant shall not perform permit any work or conduct any business whatsoever part of the Premises to be used as a “place of public accommodation”, as defined in the Project other than inside the PremisesADA or any similar legal requirement. 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 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this SectionSection or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. 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. 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 ADA) related to Tenant's use or occupancy of 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 indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant 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 Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancethe Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way interfere to use that would damage the Premises or obstruct or Interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant in accordance based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Building and the Project with Legal Requirements (including, without limitation, compliance of the Premises and the Common Areas with the provisions thereofADA) as of the Commencement Date. Tenant shall promptly upon demand reimburse Following the Commencement Date, Landlord for any additional insurance premium charged shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) triggered by Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the provisions of this SectionPremises or any Tenant Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 2 contracts
Sources: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises only for the purposes stated which is declared by any Governmental Authority (as defined in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Section 9) having jurisdiction to be obtained by a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to 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 time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. 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 sprinkler or other available remedycredits. TenantTenant shall not permit any part of the Premises to be used as a “place of public accommodation”, at its expense, as defined in the ADA or any similar legal requirement. Tenant shall procure, maintain and make available reimburse Landlord promptly upon demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance policy(ies) covering increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the Building, compliance of the Premises and the Common Areas of the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements Legal Requirements as of the Pacific Fire Rating Bureau or any other organization performing a similar functionCommencement Date. Tenant shall comply at its expense with all present and future lawsFollowing the Commencement Date, ordinancesLandlord shall, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated as an Operating Expense (to the Premises or Tenant extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. 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 related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the provisions Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancethe Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)
Use. (a) 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 Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that occupied or used, for any contrary business or purpose other than the Permitted Use or for any use shall be or purpose which is unlawful in part or in whole or deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief be disreputable in addition to any other available remedy. Tenantmanner or extra hazardous on account of fire, at its expense, shall procure, maintain 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. 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 other occupants fire insurance on the Project or contents; and in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Building Project or the Project, contents created by Tenant’s acts or use or allow the Premises conduct of business then Tenant shall be deemed to be used for any unlawful purposean Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, nor shall Tenant permit any nuisance or commit any waste in at its sole cost, the Premises or the Project. Tenant insurance increase to be fully eliminated, and acceptance of such payment 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 constitute a waiver of any insurance policy(ies) covering the Building, the Project and/or their contents, of Landlord’s other rights provided herein. Landlord hereby agrees and shall comply with all applicable insurance underwriters rules and the requirements acknowledges that based on what Landlord knows 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its Tenant’s intended use of the Premises, including without limitation all federal the Permitted Use shall not increase Landlord’s fire insurance rates. Tenant will conduct its business and state occupational health control its agents, employees and safety requirementsinvitees in such a manner as not to create any nuisance, whether nor interfere with, annoy or not Tenant's compliance will necessitate expenditures disturb other tenants or interfere with its use and enjoyment Landlord in management of the PremisesProject. Tenant will maintain the Premises in a clean and safe condition and will comply with all laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to its specific manner of use of the premises. Tenant will not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the exterior of the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, including but not limited to trucks or other vehicles or equipment shelter, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant shall not permit its employees or invitees to transport or store any Hazardous Substance, except for standard office supplies and cleaning products, to, on or from the Project and/or Premises except in strict compliance with Environmental Law and shall promptly report to Landlord any spill or other discharge of any Hazardous Substance caused by Tenant, its employees or invitees which occurs (i) on the Premises or (ii) in the Project. Tenant shall, promptly, following the occurrence of any such spill or discharge caused by Tenant, its employees or invitees, commence all such containment and remediation activities as may be necessary to comply with Environmental Law. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against continue such remediation activities until the Premises or Tenant which may be allocated have been restored to the Premises or Tenant condition in accordance with which they existed on the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceCommencement Date.
Appears in 2 contracts
Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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, or cause the disallowance of any sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by ▇▇▇▇▇▇’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Project as proportionately allocated to the Premises based upon ▇▇▇▇▇▇’s Share as usually furnished for the Permitted Use. The parties acknowledge that because Tenant is the sole Tenant in the Building that ▇▇▇▇▇▇’s Share set forth in the immediately prior sentence, with respect to the Building, shall be 100%. Landlord shall be responsible, at ▇▇▇▇▇▇▇▇’s cost, (i) subject to the terms of the Work Letter, for the compliance of Landlord’s Work with Legal Requirements (including the ADA) as of the date of Shell Substantial Completion, and (ii) for the compliance of the Common Areas of the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and Legal Requirements (including the requirements ADA) as of the Pacific Fire Rating Bureau Commencement Date. Subject to the preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or any at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the PremisesPremises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the 2 immediately preceding sentences, including Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues in connection with Legal Requirements related to Tenant’s particular use or assessments charged against occupancy of the Premises or Tenant which may be allocated (as compared to the Premises use or Tenant in accordance with occupancy by other tenants of the provisions thereof. Project) or Tenant’s Alterations, and Tenant shall promptly upon demand reimburse indemnify, defend, hold and save Landlord for harmless from and against any additional insurance premium charged by reason and all Claims arising out of Tenant's or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the provisions Premises (as compared to the use or occupancy by other tenants of this Sectionthe Project) or Tenant’s Alterations. Landlord shall obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard and Fitwel certification with respect to the Shell and Core Improvements, and ▇▇▇▇▇▇ agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith. Subject to the terms of the paragraph above in which the term “Energy Savings Costs” is defined, and subject to the terms of Section 12, Landlord shall indemnify Landlord from any liability and/or expense resulting from reasonably cooperate with Tenant's noncompliance’s efforts to achieve sustainable renewable electricity sources for the Premises at no material cost to Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Eikon Therapeutics, Inc.), Lease Agreement (Eikon Therapeutics, 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, and in compliance with all in accordance with applicable laws laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be obtained a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, or subject the Premises which will in any way to use that would damage the Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside or Building elevators without the Premisesprior written consent of Landlord. Except as 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. Tenant shall not do have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or permit monitoring systems and procedures as Landlord may reasonably impose. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such alterations or modifications shall be done anything (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, is located and shall comply with all was not applicable insurance underwriters rules and prior to the requirements date of Substantial Completion of the Pacific Fire Rating Bureau Shell and Core Improvements (as such terms are defined in the Work Letter), or any (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the Premises. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, including without limitation all federal and state occupational health and safety requirementsas provided in Section 2, whether Tenant, at its sole expense, shall make any alterations or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment modifications to the interior of the PremisesPremises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues or assessments charged against the Premises or Tenant which may be allocated in connection with Legal Requirements applicable to the Premises or Tenant in accordance with (except to the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason extent such violations result from a failure of Tenant's failure the Premises to comply with Legal Requirements in effect as of the provisions date of this SectionDelivery), and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all such Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as 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 Premises with the ADA to the extent applicable 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 Legal Requirements (including, without limitation, compliance of the Premises with the ADA resulting from Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall not do be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages 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 contentsjudgments, and shall comply 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 all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Legal Requirements resulting from Tenant’s use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all federal and state occupational health and safety requirements, whether Claims arising out of or not in connection with any failure of the Premises to comply with any Legal Requirement resulting from Tenant's compliance will necessitate expenditures ’s use or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 2 contracts
Sources: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The provisions of the preceding sentence are intended to apply in the event that Tenant’s use of the Premises changes from the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date. Landlord acknowledges that Landlord does not object to the use which Tenant has disclosed to Landlord that it shall be making of the Premises as of the Commencement Date and Tenant may continue to make such use of the Premises during the Term of the Lease. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the prior written consent of Landlord which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter and/or consented to by Landlord in connection with any Alterations, 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. 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 ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall not do be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages 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 contentsjudgments, and shall comply 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 all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Legal Requirements solely related to Tenant’s use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal and state occupational health and safety requirements, whether provided that if alterations or modifications to the Building or Project (that are not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment improvements made for the exclusive benefit of another tenant) are required as a result of the Premisesoccupancy of the Building by one or more tenants, and not as a result solely of Tenant’s occupancy, the cost of the alterations or modifications shall be paid by Landlord as an Operating Expense. Tenant shall comply at its expense indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with all present and future covenants, conditions, easements or 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 failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 2 contracts
Sources: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, 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 ProvisionsPremises, 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 or take any other available remedyaction that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other party. Tenant, at its sole expense, shall procureuse and occupy the Premises in compliance with all laws, maintain 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”); provided, however, that Tenant shall not in any event be required to make available for Landlord's inspection throughout structural alterations or modifications to the Term, all governmental approvals, licenses and permits Building or the common areas within the Site unless such modifications or alterations are required for the proper and lawful conduct of due to Tenant's permitted ’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, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or outside the Premises, that are required by Legal Requirements; provided, however, 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 of other occupants of event be required to make structural alterations or modifications to the Building or the Project, or use or allow common areas within the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in Site unless [***]: Certain information on this page has been omitted and filed separately with the Premises or the ProjectCommission. 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 Confidential treatment has been requested with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated respect to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceomitted portions.
Appears in 2 contracts
Sources: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
Use. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. Tenant shall not use or occupy or permit the Leased 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 used or occupied, nor shall Tenant from all relevant and required governmental agencies and authorities. The parties agree that do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any contrary use shall be deemed to way increase the existing rate of or affect any casualty or other insurance on the Building, the Project or any 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 a cancellation of any other available remedy. Tenantinsurance policy covering the Building, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct Project or any part thereof or any of Tenant's permitted use of the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Building, or the Project, Project or injure them. 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 Project. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Premises or Leased Premises, the Building and/or the Project. Tenant shall not perform any work or conduct any business whatsoever in use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other than inside similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the Premisescondition, use or occupancy of the Project, 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 addition, Tenant shall not do place a load upon any floor of the Leased Premises which exceeds the load per square foot, which the floor was designed to carry, nor shall Tenant install business machines or permit other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to be done anything which will invalidate or increase the cost structure of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Use. Tenant shall use the Premises only Land for the purposes stated in Item 3 purpose of constructing, maintaining, and operating for profit an amusement facility under the trade name Festival Fun Parks, LLC including, without limitation, the following amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and other Festival Fun Parks attractions; provided, however, Tenant can vary the use consistent with the then highest and best use of the Basic Lease ProvisionsLand, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained as reasonably determined by Tenant from all relevant time to time during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and required governmental agencies authorize such alternate use; provided however, Landlord may consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and authoritiesImprovements in giving or withholding its consent. The parties agree Subject to such right of Landlord, Landlord acknowledges that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout Tenant may change the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the PremisesLand pursuant to Paragraph 6.1 of this Lease. Tenant shall use commercially reasonable efforts to use and permit use of the Land for purposes permitted by this Paragraph 1 which in Tenant’s reasonable opinion will maximize Gross Income (as hereinafter defined). Tenant shall not do use and shall not permit or permit anything to be done in suffer the Land or about the Premises which will in any way interfere with the rights of other occupants portion of the Building or the Project, or use or allow the Premises Land to be used for in any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in manner that would violate 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 provisions of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply certificate of occupancy or conditional use permit issued with all applicable insurance underwriters rules and the requirements respect to any of the Pacific Fire Rating Bureau Improvements, or any other organization performing a similar functionlicense, permit, or other governmental authorization that is required for the lawful use or occupancy of all or any portion of the Land or the Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and maintain the same throughout the term of this Lease or throughout the duration of the period the same shall be required. Tenant shall comply at its expense will not use the Land inconsistent with all present and future lawsany private covenant, ordinancescondition or restriction, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now currently recorded or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment consented to in writing by Tenant of (“CC&R’s”), any periodic conditional use permit (“CUP”) or special dues any other zoning or assessments charged against other restrictive provision to which the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLand is subject.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease (Palace Entertainment Holdings, Inc.)
Use. Tenant shall use the Premises only solely for the purposes stated Permitted Use specified in Item 3 of the Basic Lease ProvisionsSummary, all in accordance with applicable laws and restrictions and pursuant to approvals shall not use or permit the Premises 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 used for any other available remedyuse or purpose whatsoever without Landlord’s prior written approval. TenantTenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, at its expenseas the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord which modifications and additions shall procure, maintain in no manner materially impact the ingress and make available for Landlord's inspection throughout egress of Tenant to the Term, all governmental approvals, licenses and permits required for Premises nor the proper and lawful conduct of Tenant's permitted use of the PremisesPremises by Tenant. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations provided, however, Landlord will use commercially reasonable efforts to ensure that all Building tenants comply with Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable 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 that will invalidate obstruct or increase interfere with the cost rights of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements other tenants or occupants of the Pacific Fire Rating Bureau Building or any other organization performing a similar functionthe Property, if any, or injure them. Tenant shall comply at its expense with all present and future lawsnot cause, ordinancesmaintain or permit any nuisance in, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant on or its use of about the Premises, including without limitation all federal and state occupational health and safety requirementsthe Building or the Property, whether nor commit or not Tenant's compliance will necessitate expenditures suffer to be committed any waste in, on or interfere with its use and enjoyment of about the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. (a) Tenant shall use the Premises only for the purposes stated use set forth in Item 3 of Subparagraph 1(n), and shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and required governmental agencies and authoritiesabsolute discretion. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available that the Premises are suitable 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 Premisesa particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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 use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or annoy them, (iii) use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof, provided that Landlord shall not adopt or agree to any restrictions now that materially interfere with the operation of Tenant’s business in the Premises as permitted under this Lease or hereafter affecting any rights of Tenant under this Lease. Tenant shall not commit or encumbering suffer to be committed any waste in or upon the Premises and shall keep the Premises in the condition required under Paragraph 15(a). Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building and/or Projectby Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project 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 in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and any amendments that such requirements may or modifications theretomay not apply to the Premises, including without limitation the payment by Tenant Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of any periodic or special dues or assessments charged against travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in (i) the Common Areas, except as provided Table of Contents below, and (ii) the Premises or Tenant which may be allocated to the extent, but only to the extent, any alterations to the Premises are directly required by the City of San Diego in connection with Landlord’s Work, (b) except as provided in Clause (a)(ii), above, Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Alterations in accordance with the provisions thereofPremises other than Landlord’s Work, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s particular use of the Premises. Tenant shall promptly upon demand reimburse Landlord be solely responsible for any additional insurance premium charged by reason requirements under Title I of the ADA relating to Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance’s employees.
Appears in 1 contract
Sources: Lease Agreement (Synbiotics Corp)
Use. (a) Tenant shall use the Premises only for the purposes stated use set forth in Item 3 of Subparagraph 1(m), and shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and required governmental agencies and authoritiesabsolute discretion. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available that the Premises are suitable 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 Premisesa particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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 use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements and restrictions or restrictions now other restrictive covenants and obligations, which affect the use and operation of the Premises, the Building, the Common Areas or hereafter affecting or encumbering the Building and/or Project, and or any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions portion thereof. Tenant shall promptly not commit or suffer to be committed any waste in or upon demand reimburse the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project 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 in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas, except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any additional insurance premium charged tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of Landlord’s Initials Tenant’s Initials travel” requirements triggered by reason Tenant Alterations in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant's failure ’s use of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance’s employees.
Appears in 1 contract
Use. Tenant shall To use and occupy the Premises only for the purposes stated Permitted Use only, and not to injure or deface the Premises, Building or Lot, nor to permit in Item 3 the Premises any auction sale, or inflammable fluids or chemicals, except as expressly authorized or permitted hereunder or by Landlord’s prior written consent with respect thereto, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to use or devote the Premises or any part thereof for any purpose other than the Permitted Use, nor any use thereof which is inconsistent with the maintenance of the Basic Lease ProvisionsBuilding as a first class mixed-use office and research and development and laboratory building, all and otherwise in accordance with applicable laws the Permitted Use, in the quality of its maintenance, use 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. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Projectoccupancy, or use which is improper, offensive, contrary to law or allow the Premises ordinance or liable to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not 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 premiums for any insurance policy(ies) covering on the Building or its contents or liable to render necessary any alteration or addition to the Building. In addition to all other remedies of Landlord, the Project and/or their contentsLandlord may require Tenant, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand demand, to reimburse Landlord for the full amount of any additional insurance premium premiums charged for such policy or policies by reason of Tenant's ’s failure to comply with the provisions of this SectionLease, including, but not limited to, this Section 5.3. Tenant shall comply, at its sole cost and expense, with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later (“Law(s)”) regarding the operation of Tenant’s business, the use, condition, configuration and occupancy of the Premises and the Building systems located in or exclusively serving the Premises, and any alterations, additions or improvements made by Tenant. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the “Base Building” (defined below), but only to the extent such obligations are triggered by Tenant’s particular use of the Premises, other than for the Permitted Use. Notwithstanding the foregoing or any other provision of this Lease, and for the purposes of clarity, Tenant shall indemnify not be responsible for compliance with any such Laws, regulations, or the like requiring structural repairs or modifications to the Building unless such repairs or modifications to the Building shall be due to (i) Tenant’s particular manner of use of the Premises and/or (ii) any alterations, additions or improvements made by Tenant. “Base Building” shall include the structural portions of the Building, the public restrooms and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall not exceed the standard density limit for the Building. Tenant shall comply with the rules and regulations of the Building attached as Exhibit F and such other reasonable rules and regulations adopted by Landlord from any liability and/or expense resulting from Tenant's noncompliancetime to time, including rules and regulations for the performance of alterations and the rules and regulations for the Building.
Appears in 1 contract
Use. (a) Tenant shall use the Premises only for the purposes stated Permitted Uses, and shall not use or permit the Premises to be used for any other purpose. Tenant shall not use or occupy the Premises in Item 3 of the Basic Lease Provisionsviolation of: (i) any recorded covenants, all in accordance with applicable laws conditions and restrictions and pursuant to approvals to be obtained affecting the Property of which Tenant has been given written notice by Tenant from all relevant and required governmental agencies and authorities. The parties agree Landlord (Landlord hereby representing 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. there are no such covenants, conditions or restrictions currently on record which will affect Tenant, at its expense, shall procure, maintain 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 ’s use of the Premises for the Permitted Uses), provided that such covenants, conditions and restrictions do not increase Tenant’s obligations or decrease Tenant’s rights under this Lease, (ii) any law or ordinance or any Certificate of Occupancy issued for the Building or the Premises, or (iii) any reasonable Rules and Regulations of uniform application of which Tenant has notice issued by Landlord for the Building and attached hereto as Exhibit D. In the event of any conflict between the Rules and Regulations and this Lease this Lease shall control. Tenant shall comply with any directive of any governmental authority with respect to Tenant’s particular manner of use or occupancy of the Premises (as opposed to general office uses or the common areas for which Landlord shall be responsible). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the Building Building, or the Projectinjure them, or use the Premises or allow the Premises them 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 cause, maintain or permit any work nuisance in, on or conduct about the Premises, or commit or allow any business whatsoever waste in the Project other than inside or upon the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not do be responsible for ensuring the Premises complies with law when (i) a notice of violation or order was issued prior to the date Tenant is given possession of the Premises or (ii) such legal requirements require investigating, certifying, monitoring, encapsulating, removing or in any way dealing with asbestos or hazardous substances unless such asbestos or hazardous substances were introduced into the Premises by Tenant.
(b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 5.1(e)), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises.
(c) Tenant shall keep the Premises equipped with all safety appliances required by law because of any particular manner of use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses.
(d) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may reasonably prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant’s business machines and mechanical equipment shall be done anything which will invalidate installed and maintained so as not to transmit noise or increase vibration to the Building structure or to any other space in the Building. Tenant shall be responsible for the cost of all structural engineering required to determine structural load and all acoustical engineering required to address any insurance policy(iesnoise or vibration caused by Tenant.
(e) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements not have vending machines on the Property without the prior written consent of all governmental authorities that pertain to Landlord.
(f) Tenant shall not keep or its use of any article in the Premises, including without limitation all federal or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and state occupational health improvements similar to the Building and safety requirementsLeasehold Improvements, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant’s activity, a schedule issued by the organization computing the insurance rate on the Building or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment the Leasehold Improvements, showing the various components of the Premises. Tenant rate, shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofconclusive evidence. Tenant shall promptly comply with all reasonable requirements of the insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises by Tenant or by anyone Tenant allows on the Premises causes or threatens cancellation or reduction of any insurance carried by Landlord, Tenant shall remedy the condition immediately upon demand reimburse Landlord for any additional insurance premium charged by reason of notice thereof. Upon Tenant's ’s failure to comply with do so, Landlord may, in addition to any other remedy it has under this Lease but subject to the provisions of this SectionSection 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. Landlord shall not be liable for any damage or injury caused as a result of such an entry, and shall indemnify Landlord from any liability and/or expense resulting from not waive its rights to declare a default because of Tenant's noncompliance’s failure.
Appears in 1 contract
Sources: Lease (pSivida Corp.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon the earlier of (i) 30 days’ written notice from Landlord, or (ii) the date required by the applicable Governmental Authority (as defined in Section 9), discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the prior written consent of Landlord. 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 not voluntarily cause the zoning of the Project to be changed from the existing designation to a designation that would prohibit the Tenant from conducting the Permitted Use within the Premises. Tenant shall not do or permit to Landlord shall, at Landlord’s sole cost and expense, be done anything which will invalidate or increase responsible for the cost compliance of any insurance policy(ies) covering the Building, Premises and the Common Areas of the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements Legal Requirements as of the Pacific Fire Rating Bureau Commencement Date. Thereafter, Landlord shall, as an Operating Expense or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of all governmental authorities that pertain to Tenant or its Tenant’s particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation all federal limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises and state occupational health and safety requirements, whether Tenant’s construction or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment installation of Alterations in the Premises. Notwithstanding any other provision herein to the contrary, and except in connection with Legal Requirements which are Landlord’s responsibility pursuant to the first sentence of this paragraph, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 1 contract
Sources: Lease Agreement (Phaserx, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, the PID Permit applicable to the Project, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated 5200 Research Place/Illumina — Page 12 pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Landlord shall not voluntarily encumber title to the Project after the date hereof with covenants, conditions or restrictions nor amend any existing covenants, conditions or restrictions encumbering title nor grant easements or make public dedications which materially and adversely (i) affect Tenant’s use of the Premises for the Permitted Use, (ii) affect access to the Premises or the parking facilities, (iii) affect Tenant’s rights under this Lease, (iv) increase Tenant’s obligations under this Lease, and (v) decrease Tenant’s rights under this Lease. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement; provided, however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to continue the use in question while the matter is being contested. 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. Tenant shall use not permit any part of the Premises only for to be used as a “place of public accommodation”, as defined in the purposes stated in Item 3 ADA or any similar legal requirement. If at any time during the Term any portion 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 Project is leased to any other available remedy. Tenantthird party(ies), at its expense, Tenant shall procure, maintain and make available reimburse Landlord promptly upon demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever in equipment which exceeds the Project other than inside structural capacity of the applicable floor within the Premises. Tenant shall not, without the prior written consent of Landlord which shall not do or permit to be done anything unreasonably withheld, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall, at its sole expense, make any alterations or Tenant in accordance 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 provisions thereofADA) related to Tenant’s particular use or occupancy of the Premises; provided, however, that if as a matter of law Tenant is entitled to not implement or delay implementation of an applicable Legal Requirement Tenant may not implement or delay such implementation for as long as legally permitted. Tenant shall promptly upon demand reimburse Except as provided for in the preceding sentence, Landlord for any additional insurance premium charged shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant's ’s particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project that are required by Legal Requirements. 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 the failure of the Premises to comply with Legal Requirements (excepting Landlord’s obligations with respect to the provisions of this SectionPremises as expressly set forth herein), and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (excepting Landlord’s obligations with respect to the Premises as expressly set forth herein).
Appears in 1 contract
Sources: Lease Agreement (Illumina Inc)
Use. a. The premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated use set forth in Item 3 of the Basic Lease ProvisionsInformation. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, and requirements in accordance with applicable laws and restrictions and pursuant to approvals to be obtained effect during the term regulating Tenant's activities or the use by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for 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 Premisespremises. Tenant shall not do use or permit anything to be done in or about the Premises which will use of the premises in any way interfere with the rights of manner that will tend to create waste or a nuisance, or which shall tend unreasonably to disturb other occupants tenants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeadjacent buildings, nor shall Tenant permit place or maintain any nuisance signs on or commit visible from the exterior of the premises without Landlord's written consent, or use any waste corridors, sidewalks, or other areas outside of the premises for storage or any purpose other than access to the premises. Except as provided in the Premises or the Project. paragraph 6(b) below, Tenant shall not perform use, keep, or permit to be used or kept on the premises any work foul or conduct any business whatsoever in the Project other than inside the Premises. noxious gas or substance, nor shall Tenant shall not do or permit to be done anything in and about the premises, either in connection with activities hereunder expressly permitted or otherwise, which will invalidate would cause a cancellation of any policy of insurance (including fire insurance) maintained by Landlord in connection with the premises or increase the Building or which would violate the terms of any covenants, conditions, or restrictions affecting the Building or the land on which it is located.
b. Tenant shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall not cause, or allow anyone else to cause, any Hazardous Materials to be used, generated. stored, or disposed of on or about the premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its trustees, employees and agents, any entity having a security interest in the premises or the Building, and its and their employees and agents (collectively, "Indemnities") harmless from and against, and reimburse the Indemnities for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any insurance policy(ies) covering required or necessary investigation, monitoring, repair, cleanup, or detoxification and the Buildingpreparation of any closure or other required plans, whether such action is required or necessary prior to or following the Project and/or their contentstermination of this Lease, as well as penalties, fines and shall comply claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all applicable insurance underwriters rules 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 statutes, laws, ordinances, restrictionsrules, regulations, orders, rules and requirements of all governmental authorities that pertain precautions pertaining to Hazardous Materials shall excuse Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceobligation of indemnification set forth above. Tenant's obligations under this paragraph 6 shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Net Office Lease (Xenogen Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Landlord acknowledges that the currently contemplated use of the Premises by Tenant in a manner consistent with Tenant’s current operations at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ will not violate the foregoing sentence and will not currently result in any increase in Landlord’s insurance premiums. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as 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, at Landlord’ sole cost and expense, be responsible for the compliance of the Project (other than inside the Premises. Tenant shall not do or permit to be done anything Premises which will invalidate or increase be constructed pursuant to the cost of any insurance policy(iesWork Letter) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements Legal Requirements as of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense Commencement Date including, without limitation, costs incurred in connection with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain complying with Legal Requirements specifically attributable to Tenant or its converting the use of the Building from an office building to a building which includes laboratory use. Except as provided for in the preceding sentence with respect to the compliance of the Project (other than the Premises) with applicable Legal Requirements, including 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 all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s particular use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant Notwithstanding anything to the contrary contained herein, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for making (i) all improvements and alterations to the Project (outside of the Premises) which are required to cause the same to comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectLegal Requirements, and any amendments (ii) structural improvements or modifications theretoalterations to the Project (including the Premises) which are required to cause the same to comply with all future Legal Requirements, including without limitation the payment unless in either clause (i) or (ii) such improvements or alterations are required by Tenant virtue of any periodic or special dues or assessments charged against Tenant’s particular manner of use of the Premises or Tenant which may be allocated to the Premises are required as a result of improvements, alterations or modifications made by Tenant in accordance with which case Tenant shall be responsible for the provisions thereofsame. Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason 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 Tenant's ’s failure to meet Tenant’s obligations under this Lease to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirements.
Appears in 1 contract
Use. Tenant agrees that the Premises shall be used and occupied by Tenant only for the Use specified in Subparagraph l(r) for general business office uses and for no other purposes, and Tenant agrees to use and maintain the Premises in a clean, careful, safe and proper manner and to comply with all applicable laws, ordinances, orders, rules and regulations of all governmental bodies (state, federal and municipal) affecting the premises. At its sole cost and expense, Tenant shall promptly comply with all such governmental measures and also with the requirements of any board of fire underwriters or other similar body now or hereafter constituted to deal with the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's alterations, additions or improvements. Tenant shall not, in any manner, deface or injure the Building or the Land or any part thereof, nor permit in the Premises any auction sale, nor use or devote the Premises or any part thereof for any purpose other than the permitted Use and general office use, which general office use shall specifically not include medical offices, nor shall Tenant use the Premises only for in any way which is inconsistent with the purposes stated in Item 3 maintenance of the Basic Lease ProvisionsBuilding as a first-class mixed retail and office building in the quality of its upkeep, all in accordance with applicable laws use and restrictions and pursuant occupancy. Tenant agrees to approvals pay/ on demand, for any damage 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 the Premises or to any other available remedy. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants part of the Building or the ProjectLand caused by any negligence or willful act or any misuse or abuse (whether or not any such misuse or abuse results from negligence of willful act) by Tenant or any of its agents, employees, licensees, or invitees or any other person not prohibited, expressly or impliedly, by Tenant from entering upon the Premises. Tenant agrees not to use or allow or permit the Premises to be used for any unlawful purposepurpose prohibited by any law, nor shall statute, regulation or ordinance of the United States, the State, the County or the City, and Tenant agrees not to commit waste or suffer or permit waste to be committed or to allow or permit any nuisance on 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 agrees (a) not do to obstruct, in any manner, any portion of the Building not hereby leased or permit any portion thereof or of the Land used by Tenant in common with others and (b) 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 reasonable "Rules and Regulations" now or hereafter made by Landlord, of which Tenant has been given notice, for 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 care and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesBuilding and the Land and their facilities and approaches, including without limitation all federal and state occupational health and safety requirements, whether or Landlord shall not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment be liable to Tenant for the failure of other occupants of the PremisesBuilding to conform to such "Rules and Regulations. Tenant shall comply at its expense with all present A copy of the initial "Rules and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering Regulations" for the Building and/or Project, is attached hereto as Exhibit "E" and any amendments or modifications thereto, including without limitation the payment incorporated herein by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancereference.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 7 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord (which consent shall not do be unreasonably withheld, conditioned or permit to be done anything delayed), use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall comply with all applicable insurance underwriters rules and (a) subject to the requirements terms of the Pacific Fire Rating Bureau Work Letter, be responsible for the compliance of the Premises with Legal Requirements as of the Commencement Date, and, (b) at no cost or expense to Tenant, be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any other organization performing a similar functionalterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant shall comply Except as provided in the 2 immediately preceding sentences, Tenant, at its expense 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 all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain the ADA) related to Tenant or its Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues or assessments charged against in connection with Legal Requirements related to Tenant’s particular use of the Premises or Tenant’s 739171641.8 Net Multi-Tenant which may be allocated Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 11 Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use of the Premises or Tenant in accordance with the provisions thereofTenant’s Alterations. Tenant acknowledges that Landlord may, but shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure not be obligated to, seek to comply obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the provisions of this SectionProject and/or the Premises, and shall indemnify Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (Codexis, Inc.)
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, 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 give Tenant any exclusive right to Landlord and shall entitle Landlord to injunctive relief such use in addition to any other available remedy. Tenantthe Building, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building Facility 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 in or about the Premises nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit H 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 shall comply with all applicable insurance underwriters rules Applicable Laws affecting the Premises, and the requirements of 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 any Applicable Laws, which affect the Pacific Fire Rating Bureau condition, use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal and state occupational health and safety requirementsbut not limited to, any requirements of structural changes or other alterations necessitated by or in connection with Tenant's acts, particular manner of use or occupancy of the Premises 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 Landlord is a party to such action, shall be conclusive as between Landlord and Tenant in establishing such violation. Notwithstanding the foregoing, (a) Landlord represents that to Landlord's actual knowledge, without any additional inquiry or investigation, Tenant's compliance will necessitate expenditures or interfere with its intended use and enjoyment of the Premises will not cause any change in the insurance ratings of the Facility or impose any special structural requirements, and (b) Landlord shall be responsible to remove any violation and to correct any condition existing as of the date hereof (whether or not a notice of violation has been issued) in the event such violation or condition must be corrected as a prerequisite to the issuance of a governmental approval for the Tenant Improvements or prevents Tenant from obtaining a Certificate of Occupancy for the Premises. ; it being understood and agreed, however, if any such violation or condition is deemed to exist within the Premises, or outside of the Premises (including the Base Building) in connection with or as a result of Tenant's particular manner of use of (as opposed to general office use), or particular operation of its business in, the Premises, including the Tenant Improvements, then Tenant shall comply at its expense with all present and future covenantsbe responsible for curing such violation or condition, conditions, easements or restrictions now or hereafter affecting or encumbering as the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which case may be allocated to the Premises or Tenant in accordance with the provisions thereofbe. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged If by reason of Tenant's failure to comply with the provisions of this SectionArticle, and the fire insurance rate shall indemnify 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 from any liability and/or expense resulting from Tenant's noncompliance.which shall have been charged because of such failure
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. Tenant’s use of the Premises shall be in compliance with and subject to all applicable laws, statutes, codes, ordinances, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to or affecting the Project, the Premises or the Building or the use or operation thereof, whether now existing, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in accordance Section 12.1), and any CC&Rs or any supplement thereto recorded in any official or public records with applicable laws and restrictions and pursuant respect to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that the Building or 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 remedyportion thereof (“Applicable Laws”). Tenant, at its Tenant’s sole cost and expense, shall procurecomply with all Applicable Laws, maintain and make available which compliance obligation shall include the alteration of the Premises and/or any Interior improvements or fixtures in order to comply with such Applicable Laws, Tenant shall be responsible for Landlord's inspection throughout the Termobtaining any permit, all business license, certificate of occupancy, or other permits or licenses required by any governmental approvals, licenses and permits required for the proper and lawful conduct of agency permitting Tenant's permitted ’s use or occupancy of the Premises, except that Landlord shall be responsible for obtaining any certificate of occupancy or comparable governmental sign-off sufficient to permit occupancy of the Premises based upon Substantial Completion of the Tenant Improvements. Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord, Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make, at Landlord’s cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the Premises by Tenant or any Tenant Parties, then Tenant shall perform such compliance work at Tenant’s sole cost. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit D attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, together with such additional rules and regulations as Landlord may from time to time reasonably prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, nor or Landlord’s failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease, but Landlord shall Tenant permit use commercially reasonable efforts to enforce the CC&Rs with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to commence any nuisance litigation or commit any waste other proceeding in the Premises or the Projectpursuing such enforcement). Tenant shall not perform promptly comply with the reasonable requirements of any work board of fire insurance underwriters or conduct any business whatsoever in the Project other than inside the Premisessimilar body now or hereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or or the Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Adara Acquisition Corp.)
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, and in compliance with all in accordance with applicable laws laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be obtained a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA. Tenant shall reimburse Landlord as Operating Expenses for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform place any work machinery or conduct any business whatsoever equipment weighing 2,500 pounds or more in or upon the Building or transport or move such items in the Project other than inside Building elevators weighing 1,000 pounds or more without the Premisesprior written consent of Landlord (which consent shall not be unreasonably withheld). Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or Tenant in accordance with modifications to the provisions thereofPremises that are required by any Legal Requirements. Notwithstanding any other provision herein to the contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason and all demands, claims, liabilities, losses, costs, expenses, actions, causes of Tenant's 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 compliance of the Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises (including, but not limited to, the Building Infrastructure) to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 1 contract
Use. Tenant A. The Premises shall use be used, to the Premises extent permitted by applicable law, and only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsreceiving, all in accordance with applicable laws storing, manufacturing, shipping, and restrictions selling (other than retail) products, materials, and pursuant to approvals to be obtained merchandise made and/or distributed by Tenant from all relevant and required governmental agencies and authoritiesfor such other lawful purposes as may be incidental thereto. The parties agree that any contrary use Tenant shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, own cost and expense obtain and at all times maintain any and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required necessary for the proper and lawful conduct of Tenant's permitted use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances, and regulations applicable to the use of tile Premises and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon, or connected with the Premises, all at Tenant's sole expense. Without Landlord's prior written consent, Tenant shall not do receive, store, or permit anything otherwise handle any product, material, or merchandise which is explosive or highly inflammable or any material which may be corrosive or otherwise damaging to be done in or about the Premises which or any appurtenances thereto or any hazardous substance (as hereinafter defined). Tenant will in any way interfere with the rights of other occupants of the Building or the Projectnot, or use or allow without Landlord's prior written approval, permit the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in purpose which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or the premiums therefor more expensive. Tenant shall not perform In the event any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its such use of the Premises, including without limitation all federal and state occupational health and safety requirementsor any part thereof, whether approved by Landlord or not not, shall ever cause the insurance rates for policies carried by Landlord to increase, Tenant shall pay, as additional rent, the full amount by which such insurance rates increase as a result of Tenant's compliance use, without regard to whether such policy covers areas other than the Premises so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Further, Tenant will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against not introduce into the Premises or Tenant use therein any equipment or fixtures which may might be allocated reasonably expected, to cause damage to the Premises or Tenant in accordance unreasonable interference with the provisions thereofoccupants of adjacent premises. Additionally, Tenant shall not store any products, materials, or merchandise outside the exterior walls or interior demising walls of the Premises without Landlord's prior written consent. Tenant shall promptly upon demand reimburse indemnify, defend and hold Landlord for and Landlord's officers, stockholders, employees, agents, invitees, and guests harmless from all damages, costs, losses, expenses (including, but not limited to, reasonable attorneys' fees, engineering fees, and clean-up costs) arising from or attributable to any additional insurance premium charged breach by reason Tenant of its obligations in this Paragraph 4. Tenant's failure to comply with obligations hereunder shall survive the provisions termination of this Sectionlease.
B. For all purposes herein, the term "Environmental Laws" means (i) the Resources Conservation Recovery Act as amended by the Hazardous and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceSolid Waste Amendments of 1984, as now or hereafter amended, 42 U.S.C. Sections 6901 et seq., (ii) the Comprehensive Environmental Response, Compensation and Liability Act as amended by the Superfund
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 10 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s specific use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall not, without the prior written consent of Landlord (which shall not do be unreasonably withheld, conditioned or permit to be done anything delayed), use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 9 beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and shall comply with all applicable insurance underwriters rules and at Tenant’s expense (to the requirements extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants 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 lawsProject, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the PremisesPremises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, including at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s particular use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues in connection with Legal Requirements related to Tenant’s particular use or assessments charged against occupancy of the Premises or Tenant’s Alterations, and Tenant which may be allocated shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant in accordance with the provisions thereofTenant’s Alterations. Tenant acknowledges that Landlord may, but shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure not be obligated to, seek to comply obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the provisions of this SectionProject and/or the Premises, and shall indemnify Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant 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 Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. 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 related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Landlord hereby acknowledges that the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of other occupants Landlord, including conducting or giving notice of the Building or the Projectany auction, liquidation, or use going out of business sale on the Premises, or allow 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 so as to reasonably prevent sounds or vibrations from the Premises from extending to areas outside the Project. Tenant shall not perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the existing capacity of the Project. Notwithstanding anything to the contrary contained in this Lease, Landlord shall be responsible, at Landlord’s sole cost and expense (but subject to the terms of any insurance policy(iesthe Work Letter regarding Excess TI Costs) covering and not as an Operating Expense, for the Building, compliance of the Initial Premises and the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and Legal Requirements (including the requirements ADA) as of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present Commencement Date and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use for the compliance of the Premises, Subsequent Premises with applicable Legal Requirements (including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment the ADA) as of the PremisesSubsequent Premises Commencement Date, but regardless of when such lack of compliance is discovered. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated Subject to the Premises or Tenant terms of the immediately preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, 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 ADA) related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. In no event shall Tenant’s Alterations include the Tenant Improvements (as defined in the Work Letter) constructed pursuant to the Work Letter. Notwithstanding any other provision herein to the contrary (other than the first sentence of this paragraph), 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 related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees, at no material cost or expense to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.7 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same 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 used or occupied for any other available remedypurpose without the prior written consent of Landlord, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe the rights of other tenants in the Project. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws, maintain statutes, ordinances and make available for Landlord's inspection throughout governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting the Term, all governmental approvals, licenses and permits required for use of the proper and lawful Premises or the Project or the conduct of Tenant's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights 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 business in the Premises or the Project. Tenant shall not perform shall, at its sole cost and expense, make any work and all alterations, improvements or conduct structural changes, that are required by laws, statutes, ordinances and governmental regulations or requirements as a result of Tenant's particular use or change in use of the Premises, Tenant's negligence or willful misconduct (subject to Article 14.4 hereof), any business whatsoever in alterations, additions or improvements made by Tenant and/or any applications made by Tenant for governmental permits, licenses or approvals. Any other alterations, improvements or structural changes to the Premises or the Project other than inside that are required by laws, statutes, ordinances and governmental regulations or requirements, and not due to Tenant's particular use or change in use of the Premises, Tenant's negligence or willful misconduct, Tenant's alterations, additions or improvements, or any applications made by Tenant for governmental permits, licenses or approvals shall be made by Landlord, and the cost thereof, subject to Article 3.3(b), shall be an Operating Cost. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules 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, restrictions, regulationsrules, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out generally accepted standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofmajor fire insurance underwriters. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged charges for such policy by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceArticle 7.
Appears in 1 contract
Sources: Standard Office Lease (Netgear Inc)
Use. Tenant shall continually use the Premises only for general office purposes and shall not use or permit the Premises to be used for any other purpose. Tenant shall not use or occupy the Premises in violation of the certificate of occupancy issued for the purposes stated Building, nor in Item 3 violation of the Basic Lease Provisionslaws, ordinances, directions, orders, regulations or requirements which are now or hereafter in effect from time to time of the United States of America, the State of Arizona or the local municipal or county governing body or other lawful authorities having jurisdiction thereover, and Tenant shall promptly comply with any and all in accordance with applicable laws such laws, ordinances, directions, orders, regulations and restrictions and pursuant to approvals to be obtained requirements which shall, by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout reason of the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct nature of Tenant's permitted 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 other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of any board of fire underwriters or 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 Tenant's failure to comply with the provisions of this 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 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 perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste 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 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of upon the Premises. Tenant shall comply at its expense with all present Certain specific uses are prohibited as set forth in the Rules and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering Regulations as amended from time to time. A copy of the Building and/or Project, current Rules and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, Regulations is attached hereto as Exhibit I and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceincorporated herein.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or the Project, inducting conducting or use giving notice of any auction, liquidation, or allow going out of business sate 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter attached hereto as Exhibit C, Tenant shall not do or permit to be done anything not. without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall comply with all applicable insurance underwriters rules be responsible for the compliance of the Premises and the requirements Common Areas of the Pacific Fire Rating Bureau or any Project with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which die Project is located) and at Tenant’s expense (to the extent such Legal Requirement Is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its specific use of the PremisesPremises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, including 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 all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the purposes stated use set forth in Item 3 Article 1.7 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same 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 used or occupied for any other available remedy. Tenantpurpose without the prior written consent of Landlord, at its expense, shall procure, maintain 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 Tenant agrees that it will use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way such a manner so as not to interfere with or infringe upon the rights of other occupants of the Building or tenants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting the condition, use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in occupancy of the Premises or the Project. Tenant shall not perform shall, at its sole cost and expense, make any work and all alterations, improvements or conduct structural changes, that are required by laws, statutes, ordinances and governmental regulations or requirements as a result of Tenant’s particular use of the Premises or any business whatsoever in alterations, additions or improvements made by Tenant. Any other alterations, improvements or structural changes to the Premises or the Project other than inside that are required by laws, statutes, ordinances and governmental regulations or requirements, and not due to Tenant’s particular use of the PremisesPremises or Tenant’s alterations, additions or improvements, shall be made by Landlord, and the cost thereof shall be an Operating Cost. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules 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, restrictions, regulationsrules, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofmajor fire insurance underwriters. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged charges for such policy by reason of Tenant's ’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceArticle.
Appears in 1 contract
Use. (a) The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 10 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar Legal Requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord acknowledges that Tenant intends to install an irradiator in the Premises, the weight of which will exceed 500 pounds and will require movement through Common Areas, and Landlord consents thereto, subject to (i) the delivery to Landlord of a report prepared by a structural engineer reasonably acceptable to Landlord confirming that the installation of the irradiator within the Premises will not adversely affect the structural integrity of the floor, and (ii) coordination of the move and installation with Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use.
(b) Tenant shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar functionthe Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, at Tenant’s sole expense. Tenant Notwithstanding anything to the contrary contained herein, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for making (i) all improvements and alterations to the Project (outside of the Premises) which are required to cause the same to comply at its expense with all present and future lawsLegal Requirements, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain (ii) structural improvements or alterations to Tenant or its use of the Project (including the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of ) which are required to cause the Premises. Tenant shall same to comply at its expense with all present and future covenantsLegal Requirements, conditions, easements unless in either clause (i) or restrictions now (ii) such improvements or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment alterations are required by Tenant virtue of any periodic or special dues or assessments charged against Tenant’s particular manner of use of the Premises or Tenant which may be allocated are required as a result of improvements, alterations or modifications made by Tenant.
(c) Notwithstanding any other provision herein to the Premises or Tenant in accordance with the provisions thereof. contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason and all Claims arising out of or In connection with Tenant's ’s failure to meet Tenant’s obligations under this Lease to comply with the provisions Legal Requirements. As used herein, “Claims” shall mean any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of this Sectionaction, damages or judgments, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceall reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit).
Appears in 1 contract
Sources: Lease Agreement (Pharmathene, Inc)
Use. (a) Tenant shall use the Premises only for the purposes stated use set forth in Item 3 of the Basic Lease ProvisionsSubparagraph 1(1), 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. Tenant, at its expense, shall procure, maintain 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 not use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose without Landlord's prior written consent, nor which may be withheld in Landlord's sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant permit any nuisance or commit any waste exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises or the Projectare suitable for a particular use. Tenant shall not perform use or occupy the Premises in violation of any work present or conduct future applicable law, and shall, upon written notice from Landlord, discontinue any business whatsoever in use of the Project other than inside the PremisesPremises which is declared by any applicable authority to be a violation of law. Tenant shall not do or permit to be done anything which will invalidate or increase the cost comply with any direction of any insurance policy(ies) covering such governmental authority which shall, by reason of the Buildingnature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Project and/or their contentsPremises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all applicable insurance underwriters rules rules, orders, regulations and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar functionsuch generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall comply at its expense with all present and future lawspromptly, ordinancesupon demand, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this SectionParagraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) Violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper immoral, unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants conditions and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in good order, condition and repair. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project 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 in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, "ADA") establish requirements for business operations, accessibility and barrier removal and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things:
(1) whether Tenant's business is deemed a "public accommodation or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that: (a) Landlord shall indemnify be responsible for ADA Title III compliance in the Common Areas in connection with any development of the New Building (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord from any liability and/or expense resulting from may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of ADA Title III "path of travel" requirements triggered by Tenant Alterations in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall, except as provided in Clause (a), above, be responsible for the cost of ADA Title III compliance in the Common Areas. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant's noncomplianceemployees.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Use. a. The Premises shall be used and occupied by Tenant shall use the Premises for only for the purposes stated use described in Item 3 of and in accordance with the Basic Lease Provisions, all in accordance with applicable laws Information and restrictions Rules and pursuant Regulations attached to approvals to be obtained by Tenant from all relevant this Lease as Exhibit B 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 for no other available remedy. Tenant, at its expense, shall procure, maintain 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 Premisespurpose. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere conflict with any applicable laws, statutes, ordinances, rules, regulations, orders and requirements (collectively, “Applicable Laws”) now in force or which may hereafter be enacted. Tenant, at its sole cost and expense, shall promptly comply with all such present and future Applicable Laws relating to the rights condition, use or occupancy of the Premises, and shall perform all work to the Premises or other occupants portions of the Building required to effect such compliance (or, at Landlord’s reasonable election, Landlord may perform such work at Tenant’s cost). Notwithstanding the foregoing, however, Tenant shall not be required to perform any structural changes to the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises is located (the “Base Building”), unless such changes are related to or affected or triggered by (i) Tenant’s alterations, (ii) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for general office purposes in a normal and customary manner), (iii) Tenant’s particular employees or employment practices, or (iv) the construction of initial improvements to the Premises by Tenant, if any. The judgment of any court of competent jurisdiction or the Projectadmission of Tenant in an action against Tenant, whether or use not Landlord is a party thereto, that Tenant has violated any Applicable Laws shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately furnish Landlord with any notices received from any insurance company or allow the Premises to be used for governmental agency or inspection bureau regarding any unsafe or unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in conditions within the Premises or the Projectviolation of any Applicable Laws. Tenant shall not perform use or permit the use of the Premises in any work manner that will tend to create waste or conduct a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or related improvements, nor place or maintain any business whatsoever signs on or visible from the exterior of the Premises without Landlord’s written consent, which consent may be withheld in Landlord’s sole and absolute discretion, or use any corridors, sidewalks or other areas outside of the Project Premises for storage or any purpose other than inside access to the Premises. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which will invalidate would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Premises or the Building or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord upon demand the amount of such increase.
b. Tenant shall faithfully observe and comply with the rules and regulations attached to this Lease as Exhibit B, and, after notice thereof, all reasonable modifications thereof and additions thereto from time to time promulgated in writing by Landlord which do not materially increase Tenant’s obligations or materially decrease Tenant’s rights under the Lease. Landlord shall not be responsible to Tenant for the nonperformance by any other tenant or occupant of the Building of any of said rules and regulations, but Landlord shall use good faith efforts to enforce the rules and regulations consistently.
c. Tenant shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, “Hazardous Materials”). As herein used, Hazardous Materials shall include, but not be limited to, those materials that are hazardous, toxic, radioactive or carcinogenic materials, substances or wastes. Tenant shall not cause, or allow its agents, employees or contractors to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its trustees, employees, property manager and agents, any entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, “Indemnitees”) harmless from and against, and shall reimburse the Indemnitees for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any insurance policy(ies) covering required or necessary investigation, monitoring, repair, cleanup, or detoxification and the Buildingpreparation of any closure or other required plans, whether such action is required or necessary prior to or following the Project and/or their contentstermination of this Lease, as well as penalties, fines and shall comply claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all applicable insurance underwriters rules 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 statutes, laws, ordinances, restrictionsrules, regulations, ordersand precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification set forth above. Tenant’s obligations unless this Section 7 shall survive the expiration or termination of this Lease.
d. As required by Section 1938(a) of the California Civil Code, rules and requirements of all governmental authorities that pertain Landlord discloses to Tenant or its use that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the PremisesCalifornia Civil Code, including without limitation Landlord also states that: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premisesapplicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” As permitted by the quoted language above, it is agreed that: (i) any CASp inspection requested by Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (ii) Landlord shall be an intended third party beneficiary of any periodic or special dues or assessments charged against the Premises or Tenant contract under which may the inspection is to be allocated to performed and the Premises or Tenant in accordance with the provisions thereof. Tenant contract shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to otherwise comply with the provisions of this Sectionthe Lease applicable to Tenant contracts for construction; (iii) the CASp inspection shall be conducted (A) at Tenant’s sole cost and expense, (B) by a CASp approved in advance by Landlord and only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (C) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (D) in a manner reasonably satisfactory to Landlord, and (E) shall indemnify be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (iv) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; (v) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the Premises to correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection; and (vi) if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Building located outside the Premises that are Landlord’s obligation to repair as set forth in Section 9.a. below, then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the extent required by Applicable Laws to correct such violations, and Tenant shall reimburse Landlord for the cost of such improvements, alterations, modifications and/or repairs within ten (10) business days after Tenant’s receipt of an invoice therefor from any liability and/or expense resulting from Tenant's noncomplianceLandlord.
Appears in 1 contract
Sources: Office Lease (Life360, 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. Tenantprocure, at its sole cost and expense, shall procure, maintain any and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required by applicable Law for the proper Tenant’s use and lawful conduct of Tenant's permitted use occupancy of the Premises. Tenant shall use the Premises solely for the Permitted Use specified in the Summary, and shall not do use or permit anything the Premises to be done in used for any other use or about purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be reasonably modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises which will now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term); provided, however, Landlord shall be responsible, at Landlord’s sole cost and expense (and not as part of Operating Expenses), for any way interfere ADA upgrades in the Common Areas required in connection with the rights of other occupants of Tenant Improvements so long as such upgrades are required for a general office use in the Building or the ProjectPremises, or and not Tenant’s specific use. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable 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 that will invalidate obstruct or increase interfere with the cost rights of other tenants or occupants of the Facility or the Project, or injure or annoy them. Tenant shall not cause, maintain or permit any insurance policy(ies) covering nuisance in, on or about the Premises, the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Facility or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use portion of the PremisesProject, including without limitation all federal and state occupational health and safety requirementsnor commit or suffer to be committed any waste in, whether on or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Without limiting the foregoing, Tenant shall comply at its expense with all present and future covenants, conditions, easements is prohibited from engaging or restrictions now or hereafter affecting or encumbering the Building and/or Project, and permitting others to engage in any amendments or modifications thereto, including without limitation the payment by Tenant activity which would be a violation of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated state and/or federal laws relating to the Premises use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or Tenant in accordance with personal purposes) regulated under any applicable law or other applicable law relating to the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason medicinal use and/or distribution of Tenant's failure to comply with marijuana (otherwise known as the provisions Compassionate Use Act of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance1996) (“Prohibited Drug Law Activities”).
Appears in 1 contract
Sources: Office Lease (Alteryx, Inc.)
Use. Tenant shall The Demised Premises may be used and occupied for research and development, training, receiving, storing, prototype manufacturing and ancillary office use including the Premises only use of computers and various other electronic equipment needed for Tenant’s business. Landlord covenants, to the purposes stated in Item 3 best of Landlord’s knowledge, that there are no zoning ordinances, provisions of the Basic Lease Provisionsunderlying ground lease (“Ground Lease”), 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 or any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout prohibitions restricting or limiting the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Demised Premises for the purpose herein specified. Should any law, regulation or other governmental order substantially interfere with Tenant’s use of the Demised Premises, then Tenant may cancel this Lease upon written notice to Landlord within ninety (90) days following that date upon which Tenant shall have become aware of such law, regulation or order and thereupon Tenant shall have no further obligation to Landlord. For purposes of this paragraph, “substantial interference” excludes any zone change under which Tenant’s use as permitted above, is a lawful nonconforming use for the remaining term of the Lease and any unexercised option periods. Tenant shall not do use or permit anything to be done occupy the Premises in violation of the Ground Lease or about in violation of law, and shall, upon written notice from Landlord, discontinue any use of the Premises which will in is declared by any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises governmental authority having jurisdiction to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projecta violation of law. Tenant shall not perform have the right, with Landlord’s cooperation, to appear before any work governmental authority or conduct to bring any business whatsoever action to contest any zoning change or similar change in use restrictions which may impair Tenant’s use of the Project other than inside the PremisesPremises as permitted herein. Tenant shall not do or permit to be done anything which will invalidate or increase the cost comply with any direction of any insurance policy(iesgovernmental 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 use or occupation thereof. Tenant shall comply with all conditions of approval for development permits issued for the Complex, including implementation of a Transportation Demand Management (“TDM”) covering program if required by City ordinance. Landlord shall not agree to any amendment to the BuildingGround Lease materially affecting Tenant’s use without Tenant’s prior written consent, which Tenant may withhold in Tenant’s sole but reasonable discretion Tenant may, if Tenant so elects, and for Tenant’s sole use, install and operate within the Project and/or their contentsDemised Premises microwave ovens and install and operate within the Demised Premises vending machines to dispense hot and cold beverages, ice cream, candy, food and cigarettes; such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable insurance underwriters rules laws 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises only be used for the purposes stated in Item 3 of Permitted Use and for no other purpose. Tenant agrees not to use or permit 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. Tenant, at its expense, shall procure, maintain 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 PremisesPremises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not do to interfere with, annoy or permit anything to be done in disturb other tenants, or about the Premises which will in any way interfere with Landlord in the rights of other occupants management and operation of the Building or the Project, or use or allow Building. Tenant will maintain 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 contentsa clean and healthful condition, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, 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 and state occupational health and safety requirementslimitation, whether or the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations or any common area improvements, including common area restrooms, unless the need to make a structural alteration or any common area improvements, including common area restrooms, results from Tenant's compliance will necessitate expenditures or interfere with its particular manner of use and enjoyment of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Initial Alterations) performed by or on behalf of Tenant in the Premises; Tenant will comply with the rules and regulations of the Building adopted and reasonably altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant shall comply at its expense with all present and future covenants, conditions, easements agrees not to commit or restrictions now or hereafter affecting or encumbering allow any waste to be committed on any portion of the Building and/or ProjectPremises, and any amendments or modifications thereto, including without limitation at the payment by Tenant termination of any periodic or special dues or assessments charged against this Lease to deliver up the Premises or Tenant which may be allocated to the Premises or Tenant Landlord in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceArticle XXXV hereof.
Appears in 1 contract
Sources: Standard Form Office Lease (Long Beach Holdings Corp)
Use. 5.1. The Premises shall be used by Tenant solely as and for executive and general offices for the Permitted Use as set forth in the Reference Page and for no other purpose whatsoever.
5.2. Tenant shall not use or permit the use of the Premises only or any part thereof in any way that would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of the certificate of occupancy for the purposes stated Premises or the Building (the "Certificate of Occupancy"), or any ground or underlying leases which may hereafter affect the Building or the Premises. Tenant shall not suffer or permit the Premises or any part thereof to be used in Item 3 any manner or anything to be done therein or anything to be brought into or kept therein that, in the reasonable judgment of Landlord, shall in any way impair or interfere with or tend to impair or interfere with (a) the character, reputation or appearance of the Basic Lease ProvisionsBuilding as a high quality office building, (b) any of the Building services, (c) the use of any of the other areas of the Building by, or reasonably occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, or (d) increase or tend to increase Landlord's costs of operating the Building. Tenant shall not install any electrical or other equipment of any kind that, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance.
5.3. If any governmental license or permit (other than a Certificate of Occupancy for the Building or any other license or permit required of all tenants occupying space for executive and general office use 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 the Borough of Manhattan) shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted business in the Premises or any part thereof or for Tenant's occupancy of the Premises, Tenant at its expense shall procure and maintain and comply with the terms and conditions of such license or permit and submit the same to Landlord for inspection.
5.4. Tenant acknowledges and agrees that the value of the Premises and the reputation of the Landlord will be seriously injured if the Premises are used for any obscene or pornographic purposes or any sort of commercial sex establishment. Tenant agrees that it will not bring or permit any obscene or pornographic material on the Premises, and shall not permit or conduct any obscene, nude, or semi-nude live performances on the Premises, nor permit use of the Premises for nude modeling, rap sessions, or as a so-called rubber goods shop, or as a sex club of any sort, or as a "massage parlor." Tenant agrees further that it will not permit any of these uses by any sublessee or assignee of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.This
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, and shall comply with all applicable insurance underwriters rules and at Landlord’s cost, for the requirements compliance of the Pacific Fire Rating Bureau or any Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its particular use of the Premises, including the Premises Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, 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 related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation in connection with any failure of the payment by Tenant Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of any periodic or special dues or assessments charged against the Premises or Tenant’s Alterations. Tenant which may acknowledges that Landlord may, but shall not be allocated obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Premises or Tenant in accordance with Project and/or the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this SectionPremises, and shall indemnify Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand (and delivery of reasonable supporting documentation) for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of other occupants Landlord, including conducting or giving notice of the Building or the Projectany auction, liquidation, or use going out of business sale on the Premises, or allow 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 so as to reasonably prevent sounds or vibrations from the Premises from extending into the Common Areas of the Project. Tenant shall not perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the existing capacity of the Project. Landlord shall be responsible, at Landlord’s cost and not as part of any insurance policy(ies) covering Operating Expenses, for the Building, compliance of the Common Areas of the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and Legal Requirements (including the requirements ADA) as of the Pacific Fire Rating Bureau or any other organization performing a Commencement Date. Subject to the terms of the immediately preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar function. Tenant shall comply buildings in the area in which the Project is located) and at its Tenant’s expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements (to the extent such Legal Requirement is triggered by reason of all governmental authorities that pertain to Tenant or its Tenant’s particular use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether the Tenant Improvements or not Tenant's compliance will necessitate expenditures ’s Alterations) make any alterations or interfere with its use and enjoyment modifications to the Common Areas or the exterior of the PremisesBuilding that are required by Legal Requirements. Tenant shall comply Except as provided in the 2 immediately preceding sentences, Tenant, at its expense with all present and future covenantssole expense, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and shall make any amendments alterations or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or the Project that are required by Legal Requirements related to Tenant’s particular use or occupancy of the Premises, The Tenant Improvements or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, subject to the terms of this paragraph, 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 accordance 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 related to Tenant’s particular use or occupancy of the provisions thereofPremises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with Tenant’s breach of this sentence. Tenant acknowledges that Landlord may, but shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure not be obligated to, seek to comply obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the provisions of this SectionProject and/or the Premises, and shall indemnify Tenant agrees, at no material cost or expense to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant 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 Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. 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 harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 1 contract
Sources: Lease Agreement (OvaScience, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as 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 Net Multi-Tenant Laboratory 825 Industrial/Allakos - Page 9 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 and Landlord’s Work with Legal Requirements as of the Rent Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other than inside tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentence, 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 ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall not do be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages 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 contentsjudgments, and shall comply 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 all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Legal Requirements related to Tenant’s use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations (but not including without limitation Landlord’s Work), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all federal Claims arising out of or in connection with any breach of this sentence. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and state occupational health and safety requirementsEnvironmental Design (LEED), whether WELL Building Standard, or not Tenant's compliance will necessitate expenditures or interfere other similar “green” certification with its use and enjoyment of respect to the Project and/or the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications theretoTenant agrees, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated at no material cost to the Premises or Tenant in accordance Tenant, to reasonably cooperate with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this SectionLandlord, and shall indemnify to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (Allakos 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. Tenantprocure, at its sole cost and expense, shall procure, maintain any and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required by applicable Law for the proper Tenant’s use and lawful conduct of Tenant's permitted use occupancy of the Premises. Tenant shall use the Premises solely for the Permitted Use specified in the Summary, and shall not do use or permit anything the Premises to be done used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations in an equitable and non-discriminatory manner, but shall have no liability to Tenant for the violation or about non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises which will now or hereafter in any way interfere with force relating to or affecting the rights of other occupants condition, use, occupancy, alteration or improvement of the Building Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Project, or Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable 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 that will invalidate obstruct or increase interfere with the cost rights of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements other tenants or occupants of the Pacific Fire Rating Bureau Building or any other organization performing a similar functionthe Property, if any, or injure or annoy them. Tenant shall comply at its expense with all present and future lawsnot cause, ordinancesmaintain or permit any nuisance in, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant on or its use of about the Premises, including without limitation all federal and state occupational health and safety requirementsthe Building or the Property, whether nor commit or not Tenant's compliance will necessitate expenditures suffer to be committed any waste in, on or interfere with its use and enjoyment of about the Premises. Without limiting the foregoing, Tenant shall comply at its expense with all present and future covenants, conditions, easements is prohibited from engaging or restrictions now or hereafter affecting or encumbering the Building and/or Project, and permitting others to engage in any amendments or modifications thereto, including without limitation the payment by Tenant activity which would be a violation of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated state and/or federal laws relating to the Premises use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or Tenant in accordance with personal purposes) regulated under any applicable law or other applicable law relating to the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason medicinal use and/or distribution of Tenant's failure to comply with marijuana (otherwise known as the provisions Compassionate Use Act of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance1996) (“Prohibited Drug Law Activities”).
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which has been declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 10 days after ▇▇▇▇▇▇▇▇’s written demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by ▇▇▇▇▇▇’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, knowingly subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that ▇▇▇▇▇▇▇▇’s business operations are proprietary to Landlord. Absent prior written consent from Landlord, Tenant shall hold confidential and will not do or permit disclose to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsthird parties, and shall comply with all applicable insurance underwriters rules require Tenant Parties to hold confidential and not disclose to third parties, information concerning Landlord’s business operations, including but not limited to information regarding the requirements systems, controls, equipment, programming, vendors, tenants, and specialized amenities of Landlord, except to the extent required by Legal Requirements or in response to a request by a Governmental Authority (in which case Tenant shall provide written notice to Landlord prior to making any such required disclosure). Landlord shall be responsible, at ▇▇▇▇▇▇▇▇’s sole cost and expense and not as part of Operating Expenses, for the compliance of the Pacific Fire Rating Bureau or any other organization performing a similar functionCommon Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Tenant shall comply Tenant, at its expense with all present and future lawssole expense, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain shall make any alterations or modifications to Tenant or its use the interior of the PremisesPremises that are required by Legal Requirements (including, including without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance connection with the provisions thereof. Legal Requirements, and Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Sectionindemnify, defend, hold and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.save
Appears in 1 contract
Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 the basic lease provisions on page 1 of the Basic Lease Provisionsthis Lease, and in compliance with all in accordance with applicable laws laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals to be obtained by thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from all relevant and required governmental agencies and authorities. The parties agree that 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. Tenant, at its expense, shall procure, maintain 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 PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall not do permit any part of the Premises to be used as a “place of public accommodation”; as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Multi-Tenant Laboratory 1616 Eastlake/Atossa Genetics - Page 4 Tenant, at its sole expense, shall make any alterations or Tenant in accordance 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 provisions thereofADA) related to Tenant’s use or occupancy of the Premises and Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason and all demands, claims, liabilities, losses, costs, expenses, actions, causes of Tenant's 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 harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceLegal Requirement.
Appears in 1 contract
Use. Tenant shall shall:
(a) use the Premises only for the purposes stated specified in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Section 2.9 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 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. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights 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 other purpose without the prior written consent of Landlord.
(b) not commit or permit any waste, injury or damage to the Property including, without limitation, the Tenant Improvements (as defined in Exhibit E and any trade fixture therein, normal wear and tear excepted, any loading of the floors thereof in excess of the maximum degree of loading as determined by Landlord, any nuisance therein or commit any waste in use or manner of use causing annoyance to other tenants and occupants of the Premises Property or the Project. Tenant shall to Landlord;
(c) 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 cause an increase in the cost of any fire, extended coverage or any other insurance policy(iescovering the Building or insurance of another tenant of the Building against perils as to which Landlord or such other tenant has insured or which shall cause any policy of insurance on the Project to be subject to cancellation; and (d) covering observe and perform, and cause its employees, invitees and others over whom Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Exhibit "D" hereto, and such further and other reasonable rules and regulations and amendments and additions thereto as Landlord may hereafter make and notify Tenant in writing, except that Landlord may not enforce against Tenant any such change or addition that is inconsistent with this Lease unless required by governmental regulation or unless Tenant consents thereto. The imposition of such Rules and Regulations shall not create or imply any obligation of Landlord to enforce them against any *tfier tenant and Landlord shall not be liable to Tenant for violation of any Rules and Regulations or the breach of any provision in any lease by any other tenant or other party in the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements redecorating vacant space for tenants or other occupants of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense Building; Marketing crests including leasing commissions, attorney's fees in connection with all present negotiation and future laws, ordinances, restrictions, regulations, orders, rules preparation of leases 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.related agreement,;
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions 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 above. Tenant shall comply with all laws, all in accordance with applicable laws orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant to approvals thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall promptly discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be obtained a violation of a Legal Requirement unless Tenant contests such violation (and diligently prosecutes such contest to resolution) in which case Landlord shall not require Tenant to discontinue such use provided that the continuance of such use does not adversely affect the use and occupancy of the Project 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 remedytenant. Tenant will not use or permit the Premises to be used for any purpose or in any manner (other than as allowed by the Permitted Use) that would void Tenant’s or Landlord’s insurance, at its expensematerially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall procurenot permit any part of the Premises to be used as a “place of public accommodation” (other than as allowed by the Permitted Use), maintain and make available as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 10 business days after written demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or unreasonably obstruct or interfere with the rights of Landlord or 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 so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Except to the extent that Tenant has obtained Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall not perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant in accordance based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s expense and not as part of Operating Expenses, for the compliance of the Common Areas of the Building with the provisions thereofADA as of the Commencement Date for the original Premises. If it is determined following the Commencement Date for the original Premises (e.g. because Alterations or tenant improvements are constructed in any of the Must Take Space) that the Common Areas of the Building were not in compliance with the ADA as of the Commencement Date for the original Premises, Landlord shall be responsible, at Landlord’s expense and not as part of Operating Expenses, for the cost of the compliance of the Common Areas of the Building with the ADA as of the Commencement Date for the original Premises. Except as provided for in the preceding two sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises and/or the Common Areas that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises or Alterations made by Tenant. Notwithstanding any other provision herein to the contrary, Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason and all demands, claims, liabilities, losses, costs, expenses, actions, causes of Tenant's 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 the failure of the Premises to comply with the provisions of this SectionLegal Requirements, and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. The Premises shall only be used for storage, service, design, ancillary office and final assembly of electrical charging stations and components, and for no other use. The Premises shall be used for no other purpose(s) without Landlord’s prior written consent which may be withheld in Landlord’s sole and absolute discretion. Landlord may require Tenant to reimburse Landlord for the reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of reviewing, investigating, and processing any request by Tenant for consent to any such new use(s) of the Premises. Any funds, so expended by Landlord shall be due and payable by Tenant to Landlord upon ten (10) days notice. Tenant shall use neither do (nor permit others to do) any act in or about the Premises only for that is unlawful or that will increase the purposes stated in Item 3 existing rate of insurance on 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. Tenant, at its expense, shall procure, maintain 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 Building and/or the Premises. Tenant shall not do commit or permit anything allow to be done in or about the Premises which will in any way interfere with the rights 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 committed any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules 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 requirements, whether or not Tenant's compliance will necessitate expenditures any public or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofprivate nuisance. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of (and at Tenant's failure to ’s sole expense) comply with all laws (whether now in effect, or subsequently enacted) relating to Tenant’s use and occupancy of the provisions of this SectionPremises including but not limited to ADA, and shall indemnify observe the reasonable rules and regulations which may be adopted by Landlord from for the safety, care and cleanliness of the Premises and the Property. In particular, and without limiting the foregoing, except as otherwise expressly provided in this Lease, there shall be no storage and no act or omission which violates any liability and/or expense resulting from Tenant's noncompliancefederal, state or local ordinance controlling the uses or presence of hazardous substances, including but not limited to the Comprehensive Environmental Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA).
Appears in 1 contract
Sources: Lease (Volta Inc.)
Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other use (including laboratory use) without Landlord's prior written consent, all which consent may be granted or denied in accordance with applicable laws Landlord's commercially reasonable discretion, and restrictions and pursuant Tenant shall not cause or permit, nor allow any of Tenant Parties to approvals cause or permit, any hazardous materials (as defined under Applicable Laws, as defined below) 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 brought upon, stored, manufactured, recycled, disposed or used in, on, under or about the Premises, the Building, the Common Facilities or any other available remedyportion of the Project. Tenant, at its expense, shall procure, maintain 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 PremisesPremises shall be in compliance with and subject to all laws, codes, ordinances, statutes, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and other governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to or affecting the Project or any portion thereof or the use or operation thereof, whether now existing or hereafter enacted, as the same may be amended from time to time, and all covenants, conditions and restrictions of record, including the CC&Rs and any supplement thereto, now or hereafter recorded in any official or public records that are applicable to the Project or any portion thereof ("APPLICABLE LAWS"). Tenant shall not do be responsible for obtaining any permit, business license, certificate of occupancy, or permit anything other permits or licenses required by any governmental agency permitting Tenant's use or occupancy of the Premises (except that Landlord shall obtain all necessary permits or licenses with respect to the base, shell and core of the Premises to be done in delivered to Tenant pursuant to Exhibit "B" attached hereto). Tenant shall comply with the rules and regulations (the "RULES AND REGULATIONS") attached hereto as Exhibit C, together with such additional and/or modifications to such Rules and Regulations as Landlord may from time to time prescribe; provided, however, that no such additional or about modified Rules and Regulations shall have any material adverse impact on Tenant's use and enjoyment of the Premises which will or materially increase Tenant's costs to conduct business in any way interfere with the rights of other occupants Premises. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 26 Tenant shall not commit waste, overload the floors or structure of the Building Building, subject the Premises, the Building, the Common Facilities or any other portion of the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger Landlord or any third party, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, nor shall Tenant permit or Landlord's failure to enforce, any nuisance of the Rules and Regulations or commit any waste in the Premises other terms or the Projectprovisions of such tenant's or occupant's lease. Tenant shall not perform promptly comply with the reasonable requirements of any work board of fire insurance underwriters or conduct any business whatsoever in the Project other than inside the Premisessimilar body now or hereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingPremises, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Building or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use portion of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Office Lease (Allos Therapeutics)
Use. (a) The Tenant shall use the Premises only Lands solely for any purpose permitted by applicable Laws, including, without limitation, any applicable official plan and/or zoning by- laws, including, without limitation, the purposes stated in Item 3 following purposes:
(i) to renovate, expand, remodel and/or demolish any Buildings existing on the Lands as of the Basic Lease ProvisionsCommencement Date;
(ii) to develop or redevelop the Lands including the construction of additional Buildings thereon, 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. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this SectionLease and applicable Laws, and in particular to expand, construct, use, operate, maintain and manage upon the Lands, the Buildings and related improvements and structures necessarily incidental to the use, operation and maintenance of the Buildings;
(iii) The Tenant may apply for any amendment to any official plan, any rezoning, minor variance, plan of subdivision approval, site plan approval or other development approval as may reasonably be required by the Tenant in connection with any proposed use of the Lands which is not inconsistent with the terms of this Lease, and the Landlord shall, in its capacity as owner of the Lands, upon written request, execute any direction, authorization or application reasonably required by the Tenant in that regard. The Landlord, acknowledging that the City of Thorold may require as a condition of the issuance of a building permit or other Permits for Buildings on the Lands that the Landlord enter into a development agreement, subdivision agreement, site plan control agreement or other agreements collateral thereto pursuant to the provisions of the Planning Act (Ontario), hereby agrees to execute on request any such development agreement, subdivision agreement, site plan control agreement or other agreements collateral thereto provided that: (i) such agreements require the Buildings to be constructed in accordance with all applicable Laws and
(ii) the Tenant shall indemnify and save the Landlord harmless from any and all liability and/or expense resulting from Tenant's noncompliancewhatsoever arising out of or in connection, directly or indirectly, with the Landlord’s covenants, agreements and obligations under any such development agreement, subdivision agreement, site plan control agreement or other agreements collateral thereto. The Tenant agrees to be fully responsible for and to pay all costs reasonably incurred by the Landlord with respect to the review and execution of any such agreements, including the Landlord’s legal and other professional fees.
(b) The Lands shall not be occupied otherwise than in a lawful manner.
Appears in 1 contract
Sources: Ground Lease
Use. (a) Tenant shall use the Premises only for the purposes stated use set forth in Item 3 of Subparagraph 1(m), and shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and required governmental agencies and authoritiesabsolute discretion. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available that the Premises are suitable 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 Premisesa particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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 use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements and restrictions or restrictions now other restrictive covenants and obligations, whether or hereafter affecting not of record, which affect the use and operation of the Premises, the Building, the Common Areas or encumbering the Building and/or Project, and or any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions portion thereof. Tenant shall promptly not commit or suffer to be committed any waste in or upon demand reimburse the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project 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 in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. Landlord makes no representation or warranty as to the compliance of the Premises, the Building or the Common Areas with the ADA. The parties hereby agree that: (a) Tenant shall be responsible for ADA Title III compliance in the Premises, including any additional insurance premium charged tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (b) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by reason Tenant Alterations in the Premises, and (c) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant's failure ’s use of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to comply Tenant’s employees.
(c) In accordance with California Civil Code Section 1938, Landlord hereby discloses to Tenant that neither the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceBuilding nor the Premises has undergone inspection by a certified access specialist.
Appears in 1 contract
Sources: Lease Agreement (Innovega Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises only for the purposes stated which is declared by any Governmental Authority (as defined in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Section 9) having jurisdiction to be obtained by a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to 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 time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. 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 sprinkler or other available remedycredits. TenantTenant shall not permit any part of the Premises to be used as a “place of public accommodation”, at its expense, as defined in the ADA or any similar legal requirement. Tenant shall procure, maintain and make available reimburse Landlord promptly upon demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance policy(ies) covering increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the Building, compliance of the Common Areas of the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements Legal Requirements as of the Pacific Fire Rating Bureau or any other organization performing a similar functionCommencement Date. Tenant shall comply at its expense with all present and future lawsFollowing the Commencement Date, ordinancesLandlord shall, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated as an Operating Expense (to the Premises or Tenant extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. 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 related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. Tenant shall may use the Premises only for the purposes stated in Item 3 Healthcare Use and for no other use or purpose. Tenant’s use of the Basic Lease Provisions, all Premises must be in accordance with all applicable laws Laws, including, without limitation, applicable zoning and land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or any covenants, restrictions and pursuant or agreements hereafter created by or consented to approvals by Tenant applicable to be the Premises; provided, however, that this sentence shall not apply with respect to any Permitted Encumbrance in effect on the Date of Rent Commencement so long as (a) the title insurance policy obtained by Tenant from all relevant Landlord in connection with its purchase of the Premises (and required governmental agencies and authorities. The parties agree that the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against any contrary use shall be deemed loss arising due to cause material and irreparable harm a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and shall entitle Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord and Lender, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to injunctive relief Landlord and Lender, or (iii) defeasance or loss of priority of its interest in addition the Premises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any other available remedy. covenants, restrictions or agreements hereafter created by or consented to by Tenant, at its expenseTenant shall observe, shall procureperform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, maintain 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. Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or about on the Premises in a manner which will in any way interfere with the rights of other occupants of the Building would constitute a public 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 or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancewaste.
Appears in 1 contract
Sources: Lease (Summit Healthcare REIT, 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. Tenant, at its expense, shall procure, maintain 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. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights 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 Building or its contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Subject to the provisions of Section 5.4 below, Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and reasonable future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectBuilding, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Industrial Lease (Mai Systems Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements" and each, a "Legal Requirement"). Tenant shall shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises only for the purposes stated which is declared by any Governmental Authority (as defined in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Section 9) having jurisdiction to be obtained by a violation of a Legal Requirement; provided1 however, that if the applicable Governmental Authority grants to 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 time in addition to any other available remedy. Tenant, at such 5 day period to discontinue its expense, shall procure, maintain 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, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. 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 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 sprinkler or commit any waste in the Premises or the Projectother credits. Tenant shall not perform permit any work or conduct any business whatsoever part of the Premises to be used as a "place of public accommodation'', as defined in the Project other than inside the PremisesADA or any similar legal requirement. 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 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional insurance premium charged for any such Insurance policy by reason of Tenant's failure to comply with the provisions of this SectionSection or otherwise caused by T▇▇▇▇▇'s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or Interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed In the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending Into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or 111the Project elevators without the prior written consent of Landlord. 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 T▇▇▇▇▇'s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at L▇▇▇▇▇▇▇'s cost and expense, for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project Is located) and at Tenant's expense (to the extent such Legal Requirement is triggered by reason of Tenant's, as compared to other tenants of the Project, particular use of the Premises or Tenant's Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any .alterations .or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's particular use or occupancy of the Premises or any Tenant Alterations. 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 shall indemnify Landlord from any liability and/or expense resulting from 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 related to Tenant's noncomplianceuse or occupancy of the Premises or Tenant's Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant's use or occupancy of the Premises or Tenant's Alterations.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall comply with all applicable insurance underwriters rules and be responsible for the requirements compliance of the Pacific Fire Rating Bureau or any Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its specific use of the PremisesPremises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentence, including 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 all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation the payment by Tenant limitation, reasonable attorneys’ fees, charges and disbursements and costs of any periodic suit) (collectively, “Claims”) arising out of or special dues in connection with Legal Requirements related to Tenant’s use or assessments charged against occupancy of the Premises or Tenant’s Alterations, and Tenant which may be allocated shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance’s Alterations.
Appears in 1 contract
Sources: Lease Agreement (Atreca, Inc.)
Use. A. Tenant shall use the Leased Premises only solely for the purposes stated in Item 3 Permitted Use, and for no other purpose.
B. Landlord shall cause, as of the Basic Lease ProvisionsTerm Commencement Date, the Leased Premises, the Building Systems and the Common Areas appurtenant to the Leased Premises to be in compliance with all Legal Requirements applicable thereto. In the event that the Leased Premises or the Common Areas appurtenant to the Leased Premises are found to have been in accordance violation of any Legal Requirement as of the Term Commencement Date, Landlord will promptly commence to correct such violation (and thereafter diligently and continuously pursue such action until such violation is finally corrected) at its sole cost and expense. During the Term, Landlord shall be responsible for the compliance of the Common Areas with all Legal Requirements, including, without limitation, the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as the same may be amended from time to time, to the extent that non-compliance (x) would impair Tenant’s use and occupancy of the Leased Premises for the Permitted Uses or Tenant’s use of the Garage or the Common Areas for their intended purposes; or (y) would adversely restrict Tenant’s access to the Leased Premises, the Garage or the Common Areas (provided that in all cases Landlord shall have the right to contest in good faith any alleged violation of applicable Legal Requirements, including the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed at law or in equity, and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law). Subject to Landlord’s obligation to deliver the Leased Premises and the Building Systems in compliance with applicable laws Legal Requirements as of the Term Commencement Date, Tenant shall comply with all Legal Requirements affecting the Leased Premises or relating to the use, occupancy or alteration thereof and all the orders or recommendations of any insurance underwriters, safety engineers, and loss prevention consultants as may from time to time be consulted by Landlord; provided, however, Tenant shall not be obligated to make any structural alterations to the Leased Premises or any alterations to the Building (including the Building Systems (as hereinafter defined) or Common Areas) in order to comply with applicable Legal Requirements, unless such compliance is required solely as a result of (1) the specific manner and nature of Tenant’s use or occupancy of the Leased Premises, as distinguished from general office use, (2) alterations made by Tenant, or (3) a Default by Tenant of any of the provisions of this Lease. If any Legal Requirement requires a permit or license for Tenant’s operation of the business conducted in the Leased Premises, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Leased Premises and the Building shall be subject to all declarations, easements, covenants, conditions and restrictions and pursuant that may now or hereafter encumber the Building (including the Land), as may be amended from time to approvals time, provided that any future agreements do not (i) have an adverse impact on Tenant’s use of or access to the Leased Premises or the Garage, or (ii) interfere with Tenant’s use of the Leased Premises for the conduct of its business to more than a de minimis extent, or (iii) increase any of Tenant’s monetary obligations under this Lease, (iv) decrease any of Tenant’s rights under this Lease to more than a de minimis extent, (v) increase any of Tenant’s non-monetary obligations to more than a de minimis extent, and/or (vi) cause the usable area of the Leased Premises or its ceiling heights to be obtained by reduced beyond a de minimis amount (any of the foregoing, individually or collectively, a “Tenant from all relevant and required governmental agencies and authoritiesAdverse Impact”). The parties agree that In addition, if Landlord makes any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition alteration to any other available remedypart of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant (after Notice and the expiration of any applicable cure period hereunder with respect thereto), or in order to comply with the requirement of any Legal Requirement and such requirement is a result of Tenant’s particular business or use of the Leased Premises, as distinguished from general office use, then Tenant shall reimburse Landlord upon demand for the cost thereof. In no event shall Tenant use the Leased Premises for purposes which are prohibited by zoning or similar laws or regulations, or covenants, conditions or restrictions of record. Tenant acknowledges and agrees it is solely responsible for determining if its business complies with the applicable zoning regulations, and that Landlord makes no representation (explicit or implied) concerning such zoning regulations. Tenant, its agents and employees shall abide by and observe the rules and regulations attached hereto as Exhibit C, and such other rules or regulations as may be promulgated from time to time by Landlord (and/or the owner of any Common Areas or Project Common Areas) in connection with the use, operation and maintenance of the Building, Common Areas and Project Common Areas, provided that any future changes to the rules and regulations do not have a Tenant Adverse Impact. Landlord shall not be liable to Tenant for violation of any such rules and regulations by any other tenant, its employees, agents, contractors or invitees.
C. Tenant shall, at its expensesole expense and subject to Landlord’s express obligations under this Lease: (i) keep the Leased Premises in a good order and condition consistent with the operation of a first-class office building; (ii) pay before delinquency any and all taxes, shall procureassessments and public charges levied, maintain and make available for Landlord's inspection throughout assessed or imposed upon Tenant’s business, upon the Termleasehold estate created by this Lease or upon Tenant’s fixtures, all governmental approvals, licenses and permits required for furnishings or equipment in the proper and lawful conduct of Tenant's permitted Leased Premises; (iii) not use or permit or suffer the use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants portion of the Building or the Project, or use or allow the Leased Premises to be used for any unlawful purpose, nor shall Tenant permit ; (iv) not use the plumbing facilities for 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 purpose other than inside the Premises. Tenant shall not do that for which they were constructed, or permit to be done anything which will invalidate or increase the cost dispose of any insurance policy(iesforeign substances therein; (v) covering not place a load on any floor exceeding the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain floor load per square foot which such floor was designed to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant carry (which may be allocated to the Premises or Tenant floor load is 100 pounds per square foot) in accordance with the provisions thereof. plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, overload, damage or deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building (including without limitation, the Land), or the fixtures therein or used therewith, nor permit any hole to be made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises any electrical heating, air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the amount of electricity required for use of the Leased Premises as general office space in excess of six (6) ▇▇▇▇▇ per square foot of the Leased Premises (other than ordinary office equipment such as personal computers, printers, copiers and the like and exclusive of the HVAC Service (as hereinafter defined)) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; and (ix) not install any other equipment of any kind or nature which will or may necessitate any changes, replacements or additions to, or in the use of, the water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
D. In addition to and not in limitation of the other restrictions on use of the Leased Premises set forth in this Section 4.01, Tenant hereby agrees that the following uses of the Leased Premises shall promptly upon demand reimburse Landlord not be considered to be “office use” and shall not be permitted: (1) any use of the Leased Premises by an organization or person enjoying sovereign or diplomatic immunity; (2) any use of the Leased Premises by or for any additional insurance premium charged medical or mental health services, or dental practice or any clinical medical services; (3) any use of the Leased Premises by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.or for an
Appears in 1 contract
Use. Tenant may use the Leased Premises for office and research & development laboratory uses and any ancillary uses thereto provided that such uses are consistent with zoning and other applicable law (“Permitted Use”). Following written notice thereof from Landlord, Tenant shall comply with all reasonable rules and regulations adopted by Landlord with respect to the Gaithersburg Facility and all laws applicable to Tenant’s use the Premises only for the purposes stated in Item 3 and occupancy of the Basic Lease ProvisionsLeased Premises, and shall promptly comply with all governmental orders with regard to any violations of law at the Leased Premises caused or permitted by, or resulting from, Tenant’s occupancy or use thereof or any alterations by Tenant thereto, all in accordance at Tenant’s sole expense. In the event of an inconsistency between the rules and regulations and this Lease, the provisions of this Lease shall control. Landlord shall not have any liability to Tenant for any failure of any other tenants to comply with applicable laws any of the rules and restrictions and pursuant to approvals to be obtained by regulations. 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 give prompt notice to Landlord and shall entitle Landlord to injunctive relief in addition to of any other available remedy. Tenant, at its expense, shall procure, maintain 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 written notice Tenant receives of the alleged violation of any law directly related to Tenant’s use or occupancy of the Leased Premises. Tenant shall not, at any time during the Lease Term, use or occupy the Leased Premises in any manner that would (i) violate any certificate of occupancy for the Leased Premises; or (ii) constitute a violation of law that is not do or permit properly remedied within the notice and cure period set forth herein. Notwithstanding anything to the contrary herein, Tenant shall not be done required to comply with or cause the Leased Premises to comply with any laws, rules, regulations or insurance requirements requiring the construction of alterations unless such compliance is necessitated solely due to Tenant’s particular use or manner of use or change in use of the Leased Premises, or about Tenant’s alterations, additions, or improvements therein. Without limitation of the foregoing, Tenant shall be responsible following the Commencement Date for ensuring that Tenant’s use, occupancy and any alteration requested by Tenant of the Leased Premises which will (i) complies with applicable law, including the ADA and (ii) complies with all occupational health and safety laws and regulations. Notwithstanding anything to the contrary in this Lease, if the requirement of any way interfere with public authority obligates either Landlord or Tenant to expend money in order to bring the rights of other occupants Leased Premises and/or any area of the Building or the Project, or Gaithersburg Facility into compliance with Laws as a result of: (i) Tenant’s particular use or allow alteration of the Leased Premises (as opposed to be used for any unlawful purpose, nor shall Tenant permit any nuisance mere office or commit any waste laboratory use); (ii) Tenant’s change in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesLeased Premises from mere office or laboratory use; (iii) the manner of conduct of Tenant’s business or operation of its installations, including without limitation all federal and state occupational health and safety requirementsequipment, whether or not other property therein; (iv) any cause or condition created by or at the instance of Tenant or any Tenant Agent, other than by Landlord’s performance of any work for or on behalf of Tenant's compliance will necessitate expenditures ; or interfere with its use and enjoyment (v) breach of the Premises. any of Tenant’s obligations hereunder, then Tenant shall comply at its expense bear all costs of bringing the Leased Premises and/or Building or Gaithersburg Facility into compliance with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancelaws.
Appears in 1 contract
Use. Tenant shall continuously occupy and use the Premises only for the purposes stated Permitted Use (as set forth 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 Information) and shall entitle Landlord comply with all Laws relating to injunctive relief in addition 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 any other available remedyuse that would damage the Premises. Tenant, at its sole cost and expense, shall procure, maintain obtain and make available for Landlord's inspection throughout keep in effect during the Term, all governmental approvalspermits, licenses licenses, and permits required other authorizations necessary to permit Tenant to use and occupy the Premises for the proper Permitted Use in accordance with applicable Laws. Notwithstanding anything in this Lease to the contrary but subject to the provisions of Section 9(b) below, as between Landlord and lawful conduct Tenant: (i) from and after the Delivery Date, Tenant shall bear the risk of Tenant's permitted 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 (ii) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the PremisesPremises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall store all trash and garbage within the Premises or in a trash dumpster or similar container approved by Landlord as to type, location and screening; and Tenant shall arrange for the regular pick-up of such trash and garbage at Tenant’s expense (unless Landlord finds it necessary to furnish such a service, in which event Tenant shall be charged an equitable portion of the total of the charges to all tenants using the service). Receiving and delivery of goods and merchandise and removal of garbage and trash shall be made only in the manner and areas prescribed by Landlord. Tenant shall not do operate an incinerator or burn trash or garbage within the Project or Complex, as applicable. Tenant shall not knowingly conduct or permit anything to be done conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in any way interfere with effect or increase the rights rate of fire insurance or other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in insurance on the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, the PID Permit applicable to the Project, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Landlord shall not voluntarily encumber title to the Project after the date hereof with covenants, conditions or restrictions nor amend any existing covenants, conditions or restrictions encumbering title nor grant easements or make public dedications which materially and adversely (i) affect Tenant’s use of the Premises for the Permitted Use, (ii) affect access to the Premises or the parking facilities, (iii) affect Tenant’s rights under this Lease, (iv) increase Tenant’s obligations under this Lease, and (v) decrease Tenant’s rights under this Lease. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement; provided, however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to continue the use in question while the matter is being contested. 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. Tenant shall use not permit any part of the Premises only for to be used as a “place of public accommodation”, as defined in the purposes stated in Item 3 ADA or any similar legal requirement. If at any time during the Term any portion 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 Project is leased to any other available remedy. Tenantthird party(ies), at its expense, Tenant shall procure, maintain and make available reimburse Landlord promptly upon demand for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required any additional premium charged for the proper and lawful conduct any such insurance policy by reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever in equipment which exceeds the Project other than inside structural capacity of the applicable floor within the Premises. Tenant shall not, without the prior written consent of Landlord which shall not do or permit to be done anything unreasonably withheld, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall, at its sole expense, make any alterations or Tenant in accordance 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 provisions thereofADA) related to Tenant’s particular use or occupancy of the Premises; provided, however, that if as a matter of law Tenant is entitled to not implement or delay implementation of an applicable Legal Requirement Tenant may not implement or delay such implementation for as long as legally permitted. Tenant shall promptly upon demand reimburse Except as provided for in the preceding sentence, Landlord for any additional insurance premium charged shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant's ’s particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project that are required by Legal Requirements. 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 the failure of the Premises to comply with Legal Requirements (excepting Landlord’s obligations with respect to the provisions of this SectionPremises as expressly set forth herein), and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant's noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (excepting Landlord’s obligations with respect to the Premises as expressly set forth herein).
Appears in 1 contract
Sources: Lease Agreement (Illumina Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, and at its sole expense, shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar function. Tenant shall comply at its expense with all present and future lawsthe Project that are required by Legal Requirements (including, ordinanceswithout limitation, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use compliance of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises with the ADA) related to Tenant’s specific use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, and except to the extent resulting from Landlord Parties’ negligence or willful misconduct, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with any Legal Requirement to the provisions extent such Claims arise out of this Section, Tenant’s particular use and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceoccupancy of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Bluebird Bio, Inc.)
Use. 7.1 Tenant shall use the Premises only for the general office purposes stated in Item 3 of the Basic Lease Provisionsand for use as a production/post-production and television broadcast facility, and 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 purposes incident thereto and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted not use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights 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 shall Tenant permit any nuisance which consent may be granted or commit any waste withheld in the Premises or the ProjectLandlord’s sole discretion. Tenant shall not perform use or occupy the Premises in violation of any work law, code, regulation, rule, order, or conduct injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) days’ written notice from Landlord, Tenant shall discontinue any business whatsoever use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any such recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of said Certificate of Occupancy. Except as otherwise provided in Paragraph 57 hereof, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not interfere with radio or television broadcasting or reception from or in the Project Building to the extent such facilities exist on the date of this Lease, provided that in all events Tenant shall operate its telecommunication equipment and facilities in and on the Building in compliance with all Applicable Laws. Landlord agrees to use its commercially reasonable efforts to cause other than inside tenants of the Building not to interfere with Tenant’s telecommunication equipment and facilities located on or in the Building. Tenant shall comply with any 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 rules, orders, regulations 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 lawsUpon demand, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord as additional rent for any additional insurance premium charged for such policy by reason of Tenant's ’s failure to comply with the provisions of this SectionParagraph 7. Tenant shall not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure them, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Site, the Building and/or the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events.
7.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in amounts commensurate with Tenant’s permitted use and occupancy of the Premises, and except in connection with the use of the Generator pursuant to Paragraph 56 below, Tenant shall not use, introduce to the Site, the Building and/or the Premises, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall keep and maintain the Premises in compliance with, and shall indemnify not cause the Premises to be in violation of, any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises (“Environmental Laws”); provided, however, that (a) Landlord from represents and warrants to Tenant that, upon the Delivery Date, there shall be no Hazardous Materials actually existing and present at the Building or the Site or within the Premises as of the Lease Commencement Date in concentrations which present a known health hazard or require remediation or other action pursuant to any liability Environmental Law, and (b) in no event shall Tenant be responsible for the investigation, cleanup, detoxification or other ameliorative work of any Hazardous Materials in, on or about the Site, the Building and/or expense resulting the Premises, except to the extent arising from Tenant's noncompliance’s use thereof in violation of Environmental Laws. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations.
(a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any and all claims arising from Tenant’s use of the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of Paragraph 7.2 above. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation, (i) all foreseeable consequential damages including without limitation loss of rental income and diminution in property value; and (ii) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including without limitation all costs of monitoring and all fees and expenses of consultants and experts retained by and of the Landlord Parties. This indemnity shall survive the expiration or termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party.
(b) Landlord shall indemnify and hold harmless Tenant, its directors, officers, employees, agents, successors and assigns (collectively, “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from or relating to Hazardous Materials actually existing and present at the Building or the Site or within the Premises (i) as of the Lease Commencement Date, or (ii) not caused by Tenant, its employees, agents or contractors. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Tenant Parties for any such claim or any action or proceeding brought thereon including the cost of any clean up, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof and including, without limitation, all fees and expenses of consultants and experts retained by any of the Tenant Parties. This indemnity shall survive the expiration or termination of this Lease. Any action or proceeding brought against Tenant Parties by reason of any such claim, upon notice from such Tenant Party, if such Tenant Party does not elect to retain separate counsel, Landlord shall defend the same at Landlord’s expense by counsel reasonably satisfactory to such Tenant Party.
(c) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term “Hazardous Material” shall include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall be amended from time to time, petroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of petroleum or petroleum-related substances, asbestos, and any other materials requiring remediation now or in the future under federal, state or local statutes, ordinances, regulations or policies.
Appears in 1 contract
Sources: Office Lease (Current Media, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall comply with all applicable insurance underwriters rules and be responsible for the requirements compliance of the Pacific Fire Rating Bureau or any Common Areas of the Project with Legal Requirements as of the Commencement Date. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other organization performing a similar function. Tenant shall comply at its expense with all present and future lawstenants of the Project, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its specific use of the Premises, including Tenant’s Work or Tenant’s Alterations (as defined in Section 12)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation all federal and state occupational health and safety requirementslimitation, whether compliance of the Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises, Tenant’s Work or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, and any amendments all reasonable expenses incurred in investigating or modifications theretoresisting the same (including, including without limitation limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the payment by Tenant failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with Legal Requirements from and after the provisions Commencement Date, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement during the Term (except for any non-compliance for which Landlord is responsible under the terms of this SectionLease and/or any other matters which Tenant is not responsible for as expressly provided for in this Lease). For purposes of Section 1938 of the California Civil Code, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceas of the date of this Lease, the Project has not been inspected by a certified access specialist.
Appears in 1 contract
Sources: Lease Agreement (Receptos, Inc.)
Use. Tenant shall continually use the Premises only for general office purposes and shall not use or permit the Premises to be used for any other purpose. Tenant shall not use or occupy the Premises in violation of the certificate of occupancy issued for the purposes stated Building, nor in Item 3 violation of the Basic Lease Provisionslaws, ordinances, directions, orders, regulations or requirements which are now or hereafter in effect from time to time of the United States of America, the State of Arizona or the local municipal or county governing body or other lawful authorities having jurisdiction thereover, and Tenant shall promptly comply with any and all in accordance with applicable laws such laws, ordinances, directions, orders, regulations and restrictions and pursuant to approvals to be obtained requirements which shall, by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout reason of the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct nature of Tenant's permitted ’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 other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of any board of fire underwriters or 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 Tenant’s failure to comply with the provisions of this 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 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 perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste 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 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of upon the Premises. Tenant shall comply at its expense with all present Certain specific uses are prohibited as set forth in the Rules and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering Regulations as amended from time to time. A copy of the Building and/or Project, current Rules and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, Regulations is attached hereto as Exhibit I and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceincorporated herein.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contentsas proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Following Substantial Completion of Landlord’s Work in accordance with the Work Letter, and Tenant, at its sole expense, shall comply with all applicable insurance underwriters rules and make any alterations or modifications to the requirements interior or the exterior of the Pacific Fire Rating Bureau Premises or any other organization performing a similar function. Tenant shall comply at its expense with all present and future lawsthe Project that are required by Legal Requirements (including, ordinanceswithout limitation, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use compliance of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises with the ADA) related to Tenant’s use or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall comply at its expense with be responsible for any and all present and future covenantsdemands, conditionsclaims, easements liabilities, losses, costs, expenses, actions, causes of action, damages or restrictions now or hereafter affecting or encumbering the Building and/or Projectjudgments, 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 compliance with which is Tenant’s responsibility under this Lease, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any amendments and all Claims arising out of or modifications thereto, including without limitation the payment by Tenant in connection with any failure of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancesuch Legal Requirement.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. 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 sprinkler or other credits. Landlord hereby acknowledges that the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall use not permit any part of 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 used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct reason of Tenant's permitted ’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or 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 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 perform place any work machinery or conduct any business whatsoever equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project other than inside elevators without the Premisesprior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not do or permit to be done anything not, without the prior written consent of Landlord, use the Premises in any manner which will invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the cost existing capacity of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules 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, 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, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or 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 any periodic or special dues or assessments charged against the Premises or Tenant which may be as proportionately allocated to the Premises or Tenant based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s sole cost and expense (but subject to the terms of the Work Letter regarding Excess TI Costs) and not as an Operating Expense, for the compliance of the Premises and the Common Areas of the Project with applicable Legal Requirements (including the ADA) as of the Commencement Date, but regardless of when such lack of compliance is discovered. Subject to the terms of the immediately preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's ’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, 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 ADA) related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. In no event shall Tenant’s Alterations include the Tenant Improvements (as defined in the Work Letter) constructed pursuant to the Work Letter. Notwithstanding any other provision herein to the contrary (other than the first sentence of this paragraph), 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 related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the provisions of this SectionPremises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and shall indemnify Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord from any liability and/or expense resulting from Tenant's noncompliancemay reasonably request, in connection therewith.
Appears in 1 contract
Use. 5.01. The demised premises shall be used solely as and for executive and general offices by Tenant and "Tenant's Affiliates" as defined in Article 11 hereof, and for no other purpose.
5.02. Tenant shall not use or permit the Premises only use of the demised premises or any part thereof in any way which would violate any of the terms and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of the Certificate of Occupancy for the purposes stated demised premises or the Building, and Tenant shall not permit the demised premises or any part thereof to be used in Item 3 any manner or anything to be done, brought into or kept therein which, in Landlord's reasonable judgment shall impair or adversely affect (i) the character, reputation or appearance of the Basic Lease ProvisionsBuilding as a first-class office building, all (ii) any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the demised premises, or (iii) the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building which is in accordance with applicable laws excess of that which is customary and restrictions usual in first-class office buildings similar to the Building located in the midtown area of the Borough of Manhattan.
5.03. If any governmental license or permit (other than a Certificate of Occupancy for the entire Building or for the demised premises for use as general 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 executive offices in a customary manner) shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted business in the demised premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Additionally, should Tenant's alterations or Tenant's use of the Premisesdemised premises require any modification or amendment of any Certificate of Occupancy for the Building, Tenant shall, at its expense, take all actions reasonably requested by Landlord in order to procure any such modification or amendment and shall reimburse Landlord (as additional rent) for all reasonable costs and expenses Landlord incurs in effecting said modifications or amendments. The foregoing provisions are not intended to be deemed Landlord's consent to any alterations or to a use of the demised premises not otherwise permitted hereunder nor to require Landlord to effect such modifications or amendments of any Certificate of Occupancy.
5.04. Tenant shall not do use, or suffer or permit anything anyone to use, the demised premises or any part thereof, for (a) retail banking, trust company, or safe deposit business servicing the general public, (b) a savings bank, a savings and loan association, or a loan company servicing the general public, (c) the sale of travelers' checks and/or foreign exchange other than incidental to Tenant's business, (d) a stock brokerage office or for stock brokerage purposes, in either case as a retail, off-the-street operation which would substantially increase the traffic flow to and from the demised premises over customary office-use traffic flow, (e) a restaurant and/or bar and/or the sale of confectionery and/or soda and/or beverages and/or sandwiches and/or ice cream and/or baked goods (except if expressly provided otherwise elsewhere in this Lease and except that the foregoing shall not be done in or about deemed to prohibit the Premises which will in any way interfere installation and maintenance of vending machines for the sale of food and beverages to Tenant's employees and visitors provided that the provisions of Section 21.06(c) of this Lease shall apply with respect thereto), (f) the rights business of other occupants photographic reproductions and/or offset printing (except that Tenant may use part of the Building demised premises for photographic reproductions and/or offset printing in connection with, either directly or indirectly, its own business and/or activities), (g) an employment or travel agency, (h) a school or classroom (other than for training of Tenant's employees), (i) medical or psychiatric offices, (j) conduct of an auction other than an electronic auction, (k) gambling activities or (1) the conduct of obscene, pornographic or similar disreputable activities. Nothing contained in this Section 5.04 will prohibit Tenant from using, or permitting the use of, the demised premises for executive, administrative or general offices of the businesses set forth in clauses (a), (b), (c) or (d) of this Section 5.04. Further, the demised premises may not be used by (i) an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (ii) any charitable, religious, union or other not-for-profit organization (other than not-for-profit corporations of a nature comparable to the Ford Foundation or the ProjectRockefeller Foundation), or use or allow (iii) any tax exempt entity within 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 meaning of any insurance policy(iesSection 168(j)(4)(A) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Internal Revenue Code of 1986, as amended, or any other organization performing a similar functionsuccessor or substitute statute, or rule or regulation applicable thereto (as same may be amended).
5.05. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements Landlord represents that the Certificate of all governmental authorities that pertain to Tenant or its Occupancy for the Building will permit the use of the Premises, including without limitation all federal demised premises for general and state occupational health and safety requirements, whether or not Tenant's compliance executive offices. Landlord will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering make no changes in the Building and/or Project, which would result in a change in the Certificate of Occupancy so as to prevent Tenant from using the demised premises for general and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncomplianceexecutive office purposes.
Appears in 1 contract
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 or delayed. Tenant shall will use the Premises only for in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the purposes stated in Item 3 floor or structure of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant Premises or subject the Premises to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree use that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for 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 would damage the Premises. Tenant shall not do 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 other party. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, to the Premises, that are required as a result of changes in Legal Requirements after the Commencement Date. Tenant will not use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance or commit manner that would (a) void 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 insurance on the Premises; (b) increase the insurance risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or restrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. Tenant shall not do or permit to be done anything which will invalidate or If any increase in the cost of any insurance policy(ies) covering on the Building, Premises over that applicable to the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau Permitted Use is caused by Tenant’s use or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupation of the Premises, including without limitation all federal and state occupational health and safety 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 Premises. Premises by Tenant prior to the Commencement Date shall comply at its expense with be subject to all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation obligations of Tenant under this Lease other than the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliancerent.
Appears in 1 contract
Sources: Lease Agreement (Blue Rhino Corp)