Common use of Use Clause in Contracts

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 6 contracts

Sources: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed in writing by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 4 contracts

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

Use. 10.1. 13.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 13.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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 not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manlier that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project. 10.3. 13.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectProject and underwritten for building uses consistent with the Permitted Use, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject consistent with market insurance requirements, and 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 SectionArticle 13. 10.4. 13.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 13.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 13.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 13.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor. 10.8. 13.8 Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 13.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. 13.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.10. Notwithstanding 13.11 Landlord shall remedy at its sole cost and expense any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the non-compliance of the Premises as of the Execution Date with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant . Landlord shall indemnify, defend and hold harmless Landlord Tenant from and against any loss, cost, liability or expense Claims (including reasonable attorneys’ fees and disbursementsas defined below) arising out of any Landlord’s failure of such improvements to comply with the ADApreceding sentence. 13.12 Subject to the foregoing Landlord obligations. Notwithstanding the foregoing, Landlord Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord Tenant shall indemnify, defend and hold harmless Tenant Landlord from and against any loss, cost, liability or expense Claims (including reasonable attorneys’ fees and disbursementsas defined below) arising out of any such failure of Landlord the Premises to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Sources: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. For the avoidance of doubt, “Lenders” shall also include historic tax credit investors and new market tax credit investors. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed). 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). As of the foregoingExecution Date, to Landlord’s actual knowledge, and without any duty to investigate, Landlord shall be responsible for all liabilities, costs and expenses arising out is not aware of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not any ADA violations within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall maintain temperature and humidity in any server room within the Premises in which a supplemental cooling system is installed in accordance with ASHRAE standards at all times.

Appears in 3 contracts

Sources: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 3 contracts

Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC), Lease (Cyclerion Therapeutics, Inc.)

Use. 10.1. (a) Tenant shall use the Premises only for the purpose set forth in Section 2.12Permitted Uses, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2purpose. Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of Applicable Laws; zoning ordinances; which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any restrictions currently on record which will affect Tenant’s use of the Premises that is declared for the Permitted Uses), (ii) any law or claimed by ordinance or any Governmental Authority having jurisdiction to be a violation Certificate of any of Occupancy issued for the aboveBuilding or the Premises, or that in Landlord’s (iii) any reasonable opinion violates any Rules and Regulations issued by Landlord for the Building of the abovewhich Tenant has been given a copy. Tenant shall comply with any direction directive of any Governmental Authority having jurisdiction that shall, by reason of the nature of governmental authority with respect to 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use the Premises or allow the Premises them to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the Premises, or commit or allow any waste in or upon the Premises. (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 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 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 installed and maintained so as not to transmit noise or vibration to the Building structure or the Project. 10.10. Notwithstanding to any other provision herein to space in the contrary, Building. Tenant shall be responsible for the cost of all liabilitiesstructural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant. (e) Tenant shall not keep or use any article in the Premises, costs or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and expenses arising out improvements similar to the Building and Leasehold 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 in connection the Leasehold Improvements, showing the various components of the rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the compliance insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises with by Tenant or by anyone Tenant allows on the Americans with Disabilities ActPremises causes or threatens cancellation or reduction of any insurance carried by Landlord, 42 U.S.C. § 12101Tenant shall remedy the condition immediately upon notice thereof. Upon Tenant’s failure to do so, et seqLandlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. (together with regulations promulgated pursuant thereto, the “ADA”)Landlord shall not be liable for any damage or injury caused as a result of such an entry, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out not waive its rights to declare a default because of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefailure.

Appears in 3 contracts

Sources: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

Use. 10.1. 11.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.9, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase (unless Tenant pays the increase for the duration of the increase (even if after the end of the Term)) the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.4. 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 11.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor which shall any bottlesnot be unreasonably withheld, parcels conditioned or other articles be placed on the windowsillsdelayed. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. 10.7. 11.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that , which shall not be unreasonably withheld, conditioned or delayed. Directory and suite entry identification for Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed provided for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8lettering without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall cause have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines, including without limitation space on any office monument sign should one be constructed. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor. 11.8 Tenant shall use reasonable efforts consistent with a laboratory user to minimize the sounds or vibrations from equipment or machinery to be installed by Tenant in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending that extend into the Common Areas or other offices in the Building. Further, Tenant shall not only place any equipment weighing five hundred (500) pounds or greater within the Premises without with floor loading consistent with the structural design of the Building (unless Tenant otherwise obtains Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed) and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. 11.9 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner materially adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.10. 11.10 Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations and warranties under this Lease (including without limitation Section 4.3) Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 11.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Building standard suite identification signs on (adjacent to the entry doors to the Premises) and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor (except that Landlord shall be responsible for the costs of Building standard interior suite identification signs (adjacent to the entry doors to the Premises) and the directory tablet as set forth above). 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations in connection with Subsection 5(y) above, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Sources: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)

Use. 10.1. (a) Tenant shall operate on the Premises the business described in Section 1(j) and shall use the Premises for no other purposes without the purpose set forth specific consent of Landlord, which consent may be withheld in Section 2.12Landlord’s reasonable discretion. Tenant shall continuously and at all times actively and diligently operate its business on the Premises in a first class and reputable manner. Tenant shall employ its best business judgment, efforts and abilities to operate its business on the Premises in an efficient and businesslike manner so as to enhance the reputation and attractiveness of the Premises and the Property. (b) No use shall be made or permitted to be made of the Premises, nor any act done, which may increase the existing rates of insurance upon the buildings within which the Premises are located, or which may cause the cancellation of any insurance policy covering said buildings or any portion thereof. If any act on the part of Tenant or use of the Premises by Tenant shall cause, directly or indirectly, an increase of Landlord’s insurance expense, said additional expense shall be paid by Tenant to Landlord upon demand. Such payment by Tenant shall not limit Landlord in the exercise of any rights or remedies. Tenant, at its sole expense, shall comply with any and all requirements pertaining to the use of the Premises, or permit of any insurance organization or suffer the Premises to be used, for any other purpose without Landlord’s prior written consentcompany, which consent Landlord compliance may withhold in its sole be necessary for maintenance of reasonable fire, extended coverage, public liability and absolute discretionother insurance upon the buildings and the appurtenances thereto. 10.2. (c) Tenant shall not use commit, or occupy suffer to be committed, any waste or nuisance upon the Premises. (d) Tenant shall keep the Premises in violation open for business within reasonable commercial business hours a minimum of Applicable Laws; zoning ordinances; 6 days each week during the season (March through October) or such other hours as Landlord and Tenant may mutually agree. During the certificate of occupancy issued for off season (November through February) Tenant may reduce its hours comparable with other marine related businesses at the Building, and shall, upon five Marina. (5e) days’ written notice from Landlord, discontinue any use of Tenant shall not vacate or abandon the Premises that is declared or claimed by at any Governmental Authority having jurisdiction to be a violation time during the term of any of the above, or that in Landlord’s reasonable opinion violates any of the abovethis Lease. If Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallabandon, by reason of the nature of Tenant’s use vacate or occupancy of surrender the Premises, impose or be dispossessed there from by process of law or otherwise, any duty personal property belonging to Tenant and left in or upon the Premises shall be deemed abandoned at the option of Landlord. (f) Tenant shall not post or Landlord with respect to erect any signs at the Premises or with respect to elsewhere at the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof Property without Landlord’s prior written consent. Tenant shall, upon termination of this During the Lease, return Landlord approves Tenant’s use of a minimum of three signs at the Property : 1) The current ▇▇▇▇▇▇▇ ▇▇ billboard sign at Tower Park Way, 2) a sign on the roof of Shed #3, and 3) a sign at the end of the building facing the entrance (Shed #1). If Tenant wishes to add a new sign at any time, it shall submit drawings and specifications to Landlord all keys to offices in advance, which Landlord shall review and restrooms either furnished to approve or otherwise procured by Tenantreject within thirty (30) days. In the event any key so furnished to Tenant is lost, Tenant shall pay all costs associated with installing and maintaining its signs, except that Landlord shall pay one half of all costs associated with the existing billboard facing Highway 12; provided that, if either Tenant or Landlord desires to Landlord change the billboard message and the other party does not, then the party initiating the change shall bear the cost of replacing making the same or of changing change. The parties shall endeavor in good faith to mutually agree to any proposed change in the lock or locks opened by such lost key if Landlord shall deem it necessary billboard message prior to make effecting any such change. All signage shall be maintained in first class condition. Damage due to extraordinary or unusual wear and tear, accidents and/or vandalism shall be promptly repaired. 10.6. No awnings or other projections shall be attached to any outside wall (g) Tenant assumes full responsibility for the safety and security of the Building. No curtainsTenant, blinds, shades or screens shall be attached to or hung in, or used in connection withTenant’s employees and customers, any window or door other people at the Property because of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentTenant (e.g., nor shall any bottlesvisitors, parcels or other articles be placed on the windowsills. No equipmentsales people, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentetc. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure all of such improvements to comply with persons’ personal property (e.g., cars, boats, equipment) while such persons and property are at the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseProperty.

Appears in 3 contracts

Sources: Agreement for Sale and Purchase, Sale and Purchase Agreement (Tower Park Marina Investors Lp), Lease Agreement (Tower Park Marina Investors Lp)

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the purpose set forth Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 250 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of a temporary nature. Subject to the Building rules and regulations attached as Exhibit C hereto and the other provisions of this Lease, Tenant will be provided access to the Premises 24 hours per day, seven days per week. Tenant may use the Premises after normal business hours; however, such hours of operation shall not affect (i) the normal Building hours specified in Section 2.127.1, or (ii) Tenant’s obligation to request and pay for, among other things, after-hours HVAC service as provided in Section 7.1 and all costs and expenses incurred by Landlord as a result of Tenant operating in the Premises beyond the normal Building hours specified in Section 7.1, including any additional cost and expense to provide the services contemplated by this Lease, such as any additional janitorial and day ▇▇▇▇▇▇ service to the common areas, and such costs and services shall be paid by Tenant to Landlord within 30 days following Landlord’s delivery to Tenant of an invoice therefor, and such costs shall not use be included in Operating Costs. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) except as expressly provided below, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, or permit or suffer and (b) Landlord shall bear the risk of (1) complying with the Disabilities Acts in the common areas of the Building, as well as (2) complying with the Disabilities Acts (as such Disabilities Acts are codified and interpreted as of the date of this Lease) in the Premises to the extent such non-compliance was caused by a condition which existed due to the construction of the Premises (but only if the Working Drawings complied with the Disabilities Acts) as of the date Landlord tenders possession of the Premises to Tenant, in each case in clause (1) and (2) above other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including the design of any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be usedborne by Tenant). If, however, any non-compliance with the Disabilities Acts in the Premises is due to a defect in the Architect’s Working Drawings (as each is defined in Exhibit D hereto), Tenant’s sole remedy shall be an action against the Architect, and Landlord shall have no liability therefor (however Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant in any actions against the Architect). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other purpose without Landlord’s prior written consentthan de minimis quantities found in typical office supplies [e.g., which consent Landlord may withhold photocopier toner] and then only in its sole compliance with all Laws and absolute discretion. 10.2in a reasonable and prudent manner). Tenant shall not use any substantial portion of the Premises for a “call center,” any other telemarketing use, or occupy any credit processing use. Tenant may use any existing wiring or cabling in the Premises in violation of Applicable its current “AS-IS” condition (and Landlord covenants that such existing wiring shall remain in the Premises during the Term to the extent permitted by Laws); zoning ordinances; however, any additional wiring or cabling installed by Tenant or modifications made to the certificate of occupancy issued for existing wiring or cabling shall be at Tenant’s sole cost and expense. During the BuildingTerm, Tenant shall leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and shallcomparable to its current condition. If, upon five (5) days’ written notice from Landlord, discontinue any use because of the Premises that is declared a Tenant Party’s acts or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, omissions or that in Landlord’s reasonable opinion violates any of the above. because Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of vacates the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost rate of any fire, environmental, extended coverage or any other insurance policy covering on the Building and the Projector its contents increases, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for then such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks acts or bolts of any kind omissions shall be placed upon any an Event of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostDefault, Tenant shall pay to Landlord the cost amount of replacing the same or such increase on demand, and acceptance of changing the lock or locks opened by such lost key if Landlord payment shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to not waive any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyrights. Tenant shall not place anything on the exterior of the corridor walls or corridor doors conduct its business and control each other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises Party so as not to reasonably prevent sounds create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

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

Use. 10.1. 6.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant shall, upon termination shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1(e) above and no other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, nor but shall any bottlesin good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, parcels and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentgovernment regulation. 10.7. No sign6.2 Tenant shall not occupy or use the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on permit any part portion of the Premises to be occupied or used, 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 keep anything upon the Building without Landlord’s prior written consent; provided Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall have not permit any objectionable or unpleasant odors to emanate from the right to install a sign with its name and corporate logo Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. 6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the sizePremises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises. 6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, any permits and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively licenses required for the display transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises so as and, at Tenant’s sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds the use, condition or vibrations therefrom occupancy of the Premises. 6.6 Tenant shall keep all exterior electric signs lighted from extending into dusk until at least 12:00 A.M. every day, including Sundays and holidays. 6.7 Tenant shall include the Common Areas or other offices address and identity of its business activities in the Building. Further, Premises in all advertisements made by Tenant shall not place any equipment weighing five hundred (500) pounds or greater within in which the Premises without Landlord’s prior written approval, address and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any failure similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.

Appears in 3 contracts

Sources: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)

Use. 10.1. 11.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute but reasonable discretion. 10.2. 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuildings or the Project, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s '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 the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings in accordance with Applicable Laws if Tenant's failure to comply therewith neither creates any risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any risk of damage to the Premises, nor creates any risk to Landlord's title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. 10.3. 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Buildings or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Buildings and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle. 10.4. 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s 's prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 11.6 No awnings or other projections shall be attached to any outside wall of the BuildingBuildings without prior written consent from Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises visible from the exterior of the Building other than Landlord’s 's standard window coveringscoverings without Landlord's prior written approval, which approval shall not be unreasonably withheld. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened screened without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld. 10.711.7 Subject to the approval of all applicable governmental and quasi-governmental entities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, (i) Landlord hereby grants Tenant the non-exclusive right to install one (1) exterior sign on the face of the Building ("Tenant's Fascia Sign"), and (ii) the non-exclusive right to install Tenant's name ("Tenant's Name Sign") on the top or most prominent, available panel on the existing monument sign serving the Project. No signTenant's Name Sign and Tenant's Fascia Sign may collectively be referred to herein as "Tenant's Exterior Signage." The design, advertisement or notice size, specifications, graphics, materials, manner of affixing, exact location, colors and lighting (if applicable) of Tenant's Exterior Signage shall be exhibited, painted or affixed by Tenant on any part (i) consistent with the quality and appearance of the Premises Project, (ii) subject to the approval of all applicable governmental and quasi-governmental authorities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, and (iii) subject to Landlord's reasonable approval. Tenant's Exterior Signage shall be installed at Tenant's sole cost and expense. In addition, Tenant shall be responsible for all other costs attributable to the fabrication, insurance, lighting (if applicable), maintenance, repair and removal of Tenant's Exterior Signage. The signage rights granted to Tenant under this Section 11.7 is personal to the Original Tenant and any Affiliate Assignee and may not be exercised or used by or assigned to any other person or entity (unless Landlord reasonably consents to the Building without Landlord’s prior written consent; provided that assignment of such rights in connection with its approval of an assignment of this Lease). In addition, Original Tenant or such Affiliate Assignee shall no longer have any right to Tenant's Name Sign if at any time during the Term the Original Tenant, such Affiliate Assignee does not lease and occupy the entire Premises. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant's signage rights under this Section 11.7, Landlord shall have the right to install a sign with its name permanently remove Tenant's Exterior Signage, and corporate logo on to repair all damage to the exterior of Project resulting from such removal, and Tenant shall reimburse Landlord for the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentactual out-of-pocket costs thereof. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expenseexpense (provided Landlord will charge its actual out-of-pocket cost for such signage), and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering. 10.8. 11.8 Tenant shall cause any office only place equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalwith floor loading consistent with the Buildings' structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. 11.9 Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent or minimize sounds or vibrations therefrom from extending into the Common Areas or other offices in the Project. 11.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral, unlawful or objectionable purposes (provided that scientific research of any kind will not be deemed immoral or unlawful purposesobjectionable for purposes of this section), nor shall Tenant knowingly or (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. 11.11 Notwithstanding any other provision herein to the contrary, from and after the date of Substantial Completion of the Improvements, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 121011210 I, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the "ADA"). 11.12 Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld and Tenant shall indemnifyTenant's compliance with all applicable laws and any covenants, defend conditions and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with restrictions affecting the ADA. Notwithstanding the foregoingProject, Landlord shall permit Tenant to install and maintain, at Tenant's sole cost and expense, a backup diesel-powered generator at a location designated by Landlord. Such backup generator shall be responsible used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project, which generator may be a "plug in" portable type generator. Tenant shall be entitled to operate the generator for all liabilitiestesting and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, costs operation, installation and expenses arising out of or in connection with the compliance maintenance of the existing backup generator for Landlord's consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's structural portions and tenant improvements mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Article 20 will apply to Tenant's use of the Premises as of backup generator. In the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects event another tenant of the Project comply with or of a neighboring project complains of problems caused by the ADAgenerator, Tenant shall take reasonable steps as necessary to remedy the problem complained of. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. The provisions vent for the generator must be higher than the roof line of this Section 10.10 the Project. Any repairs and maintenance of such generator shall survive be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant's sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Project resulting from such removal; provided that Tenant will at all times have the right to remove the generator if the generator is rented from or otherwise owned by a third party. Such generator shall be deemed to be a part of the Premises for purposes of Articles 22 and 27 of this Lease.

Appears in 2 contracts

Sources: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)

Use. 10.1. Tenant shall use the Leased Premises solely for the purpose set forth in Section 2.12, Permitted Use and shall not for no other use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2purpose. Tenant shall not use or occupy commit waste, overload the Premises in violation of Applicable Laws; zoning ordinances; Building’s structure or the certificate of occupancy issued for Building’s systems or subject the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue Leased Premises to any use of that would damage the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveLeased Premises. Tenant shall comply with any direction maintain a ratio of any Governmental Authority having jurisdiction that shall, by reason not more than the lesser of (i) one Occupant (as defined below) for each one hundred twenty-five (125) rentable square feet of the nature of Tenant’s use Leased Premises, or (ii) any occupancy limit imposed by applicable law. Upon request by ▇▇▇▇▇▇▇▇, Tenant shall maintain on a daily basis an accurate record of the number of employees, visitors, contractors and other people that visit the Leased Premises (collectively “Occupants”). Landlord shall have the right to audit ▇▇▇▇▇▇’s Occupant record and, at Landlord’s option, Landlord shall have the right to periodically visit the Leased Premises without advance notice to Tenant in order to track the number of Occupants arriving at the Leased Premises. For purposes of this Section 3.2, “Occupants” shall not include people not employed by Tenant that deliver or pick up mail or other packages or deliver supplies or perform maintenance work at the Leased Premises, impose any duty upon Tenant employees of Landlord or Landlord with respect to the Premises employees of Landlord’s agents or with respect to the use or occupation thereof. 10.3contractors. Tenant shall not do or permit to be done anything acknowledges that will invalidate or increase increased numbers of Occupants causes additional wear and tear on the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building Leased Premises and the ProjectCommon Areas, additional use of electricity, water and other utilities, and shall comply with all rules, orders, regulations and requirements of the insurers of the additional demand for other Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of services. Tenant’s failure to comply with the provisions requirements of this Section 3.2 shall constitute an event of default under Section 7.8 and Landlord shall have the right, in addition to any other remedies it may have at law or equity, to specifically enforce Tenant’s obligations under this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)

Use. 10.1(a) During the Lease Term and subject to applicable Legal Requirements, Tenant shall be entitled to access the Premises 24 hours per day, seven days per week, 365 days per year, subject to Force Majeure events. The Premises shall be used only for office, warehouse, clean room (production and testing), and quality control (the “Permitted Use”) and shall not be used for any other purpose. Landlord, in Landlord’s sole and absolute discretion, shall have the right to deny its consent to any change in the Permitted Use. Tenant shall not conduct or give notice of any auction, liquidation or going out of business sale on the Premises. Tenant will use the Premises for in a careful, safe and proper manner and will not subject the purpose set forth in Section 2.12, and shall not Premises to use that would damage the Premises, reasonable wear and tear excepted. Tenant shall not permit any objectionable or permit unpleasant odors, smoke, dust, gas, noise, vibrations, rodents, insects or suffer pests to emanate from the Premises to be usedPremises, for nor take any other purpose action which would constitute a nuisance or which would disturb, endanger or unreasonably interfere with any other tenants of the Building or Property. (b) Overnight parking, outside storage, including, without limitation, storage of trucks and other vehicles (other than normal parking by Tenant’s employees and invitees), are prohibited without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2(c) Tenant shall obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for T▇▇▇▇▇’s use of the Premises. Tenant shall not use or and occupy the Premises in violation compliance with all existing and future Legal Requirements (hereinafter defined) applicable to the Premises, as well as all requirements of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates insurance carrier and lender, if any. If any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that Legal Requirements shall, by reason of the nature of Tenant’s particular use or occupancy of the PremisesPremises (a “Tenant-Related Reason”), impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings to: (i) modification or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part maintenance of the Premises or the Building without Landlord’s prior written consent; provided that Property or (ii) the use, alteration or occupancy thereof, Tenant shall have the right to install a sign comply with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord such Legal Requirements at Tenant’s sole cost and expense. The term “Legal Requirements” shall mean all of the following: covenants and restrictions, laws, statutes, building and zoning codes, judgments, ordinances, governmental orders, conditions of approval, permits, licenses, rules, and shall be of a sizeregulations (including, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display but not limited to, Title III of the name Americans With Disabilities Act of 1990), as the same may be amended and location of tenants onlysupplemented from time to time, including, without limitation, all legal requirements that pertain to the Property. Tenant shall not place Subject to Tenant’s obligations hereunder, L▇▇▇▇▇▇▇ agrees to maintain the Property in compliance with all applicable Legal Requirements as required by the applicable governing authority. Notwithstanding anything on to the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed contrary contained in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherthis Lease, Tenant shall not place be required to make, or reimburse Landlord for, any equipment weighing five hundred (500) pounds or greater within capital expenditures to comply with Legal Requirements unless the same are necessitated due to Tenant’s particular use of the Premises without Landlord’s prior written approvalor are otherwise reimbursable to Landlord pursuant to the express terms of this Lease, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises provided further that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out the cost of or in connection with any improvements to the compliance Premises to the extent required to be made due to any changes to Title III of the Premises with the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out Act of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of 1990 enacted after the date of this Lease, but if such improvement is of a nature that it would be required of any commercial use of the “path Premises (as opposed to being required due to Tenant’s particular use of travel” into and within the Building (but not within the Premises), except as specifically described in this sentence) and then Tenant shall only be responsible for the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects portion of the Project comply with cost of such improvement, amortized over the ADA. The provisions useful life of this Section 10.10 shall survive the expiration or earlier termination improvement, accruing during the remaining term of this Lease).

Appears in 2 contracts

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

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part the exterior of the Premises or the Building without Landlord’s prior written consent; provided that , not to be unreasonably withheld, conditioned or delayed. Exterior Signage shall only be permitted on the existing glass signage panels on the Building. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws, (b) hire Landlord’s signage vendor to install such Signage and (c) maintain such Signage in a first-class condition. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Lease. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 12.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building, the size, appearance and characteristics of which shall be subject to ’s structural design without Landlord’s prior written consent. Interior signs on doors approval, and the directory tablet such equipment shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be placed in a location designed to carry the weight of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringsuch equipment. 10.812.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, from and after the Term Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding Landlord shall cause the foregoing, Landlord Premises to comply with the ADA as of the Term Commencement Date and shall be responsible (subject to recovery as Operating Expenses) for all liabilities, costs and expenses arising out of or in connection with causing the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord Common Areas to make such aspects of the Project comply with the ADAADA during the Term, including related to any exterior modifications to the Building. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Use. 10.1. Tenant (a) The Premises shall use the Premises be used for the purpose set forth in Section 2.12general office, administrative, call center use, storage and shall not use the Premises, or permit or suffer the Premises to be used, for any all other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five legal uses (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3Use”). Tenant shall not do or permit to be done anything that will invalidate in or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of about the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have anything which is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the right to install standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises or the Building or any of its contents, or cause a sign with cancellation of any insurance policy covering the Premises or the Building or any part thereof or any of its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlycontents. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants or occupants of in the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises or the Building to be used for any immoral or unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance nuisance, in, on or about the Premises or the Building or commit or suffer to be committed any waste in, on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with Tenants’ permitted use of the Premises, . Tenant shall have access to the Building or the Project. 10.10and Premises on a 24 hour/7 day a week basis. Notwithstanding any other provision herein to the contraryBuilding hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., except holidays. Tenant shall be responsible for all liabilitiesand shall pay for any increased building security costs, HVAC costs and expenses arising out utilities due to Tenant’s occupancy and the operation of or HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that Tenant shall have the right to audit such costs in the same manner as Tenant’s right to audit Operating Expenses pursuant to Article 7 of this Lease. (b) Tenant shall not use the name of the Building in which the Premises are located, in connection with any business carried on in the compliance Premises (except as Tenant’s address) without written consent of Landlord. (c) Tenant shall not manufacture, assemble or store materials inside the Common Areas outside of Building. (d) Hazardous material. Tenant shall not bring or permit its agents, employees or contractors to bring on the Premises any asbestos, lead, PCBs, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local law or regulation, excluding normal office and janitorial supplies (“Hazardous Materials”) unless licensed by the state of Utah and approved by Landlord. Tenant’s violation of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), foregoing prohibition shall constitute a material breach and Tenant Event of Default under Section 18 of this Lease Tenant shall indemnify, defend and hold harmless and defend Landlord from and against any lossclaims, costdamages, liability or expense penalties, liabilities, and costs (including reasonable attorneys’ fees and disbursementscourt costs) caused by or arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance (i) a violation of the existing structural portions foregoing prohibition or (ii) the use or any release of any Hazardous Materials by Tenant or its agents, employees, contractors, or customers on, under, or about the Premises during Tenant’s occupancy or control of the Premises. Tenant shall clean up, remove, remediate and tenant improvements repair any soil or ground water contamination and damage caused by the presence or release by Tenant or its agents, employees, contractors, or customers of any Hazardous Materials in, on, under, or about the Premises during Tenant’s occupancy of the Premises as in conformance with the requirements of applicable law. Tenant shall immediately give Landlord written notice of any suspected breach of this Paragraph, upon learning of the date presence or any release of this Leaseany Hazardous Materials, the “path of travel” into and within the Building (but not within upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions obligations of this Section 10.10 Tenant hereunder shall survive the expiration or earlier termination termination, for any reason, of this Lease.

Appears in 2 contracts

Sources: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein in this Lease to the contrary, Landlord shall deliver the Premises to Tenant on the Term Commencement Date in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”). Thereafter, Tenant shall be responsible liable for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements by Tenant to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of satisfy its obligations pursuant to this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADASection. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Use. 10.1. Tenant shall use the Leased Premises for the purpose set forth in Section 2.12general office purposes, and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s the prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2of Landlord. Tenant shall will not use or occupy the Leased Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingany unlawful purpose, and shallwill comply with all present and future laws, upon five (5) days’ written notice from Landlordordinances, discontinue any use regulations, and orders of the United States of America, the state in which the Leased Premises that is declared are located, and all other governmental units or claimed by any Governmental Authority agencies having jurisdiction to be a violation of any of over the above, or that in Landlord’s reasonable opinion violates any of Property and the aboveLeased Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of agrees to operate its business in the nature of Tenant’s use or occupancy of Leased Premises during the Premises, impose any duty upon Tenant or Landlord with respect entire Term and to the Premises or with respect to the use or occupation thereof. 10.3conduct its business in a reputable manner. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, nor acts done, which will increase the existing rate of insurance upon the Building or cause the Project. 10.10cancellation of any insurance policy covering the Building, or any part thereof. Notwithstanding Tenant shall not sell, or permit to be kept, used, in or about the Leased Premises, any other provision herein article, which may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the contraryLeased Premises, of any insurance organization or company, necessary for the maintenance or reasonable fire and public liability insurance covering the Leased Premises, Building and appurtenances. Tenant shall be responsible for all liabilitiesrestrict the number of employees, costs and expenses arising out of or including temporary workers, permitted in connection with the compliance of Leased Premises to no more than allowed by the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqprevailing building code at any given time. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnifynot place on any floor a load exceeding the floor load per square foot, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of which such improvements floor was designed to comply with the ADAcarry. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitieshave the right to prescribe the weight, costs position and expenses arising out manner of or in connection with the compliance installation of the existing structural portions safes and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into other heavy equipment and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefixtures.

Appears in 2 contracts

Sources: Standard Service Center Lease Agreement (Quality Systems Inc), Standard Service Center Lease Agreement (Quality Systems Inc)

Use. 10.1. Tenant Subtenant shall use the Sublease Premises solely for the purpose Permitted Use set forth in Section 2.12in, and subject to the terms and conditions of, the Master Lease. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the PremisesSublease Premises for, or carry on, or permit or suffer the Premises to be usedcarried on, for any other purpose without Landlord’s prior written consentoffensive, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use noisy or occupy the Premises in violation of Applicable Laws; zoning ordinances; dangerous trade, business, manufacture or the certificate of occupancy issued for the Buildingoccupation, and shall, upon five (5) days’ written notice from Landlord, discontinue nor permit any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction auction sale to be a violation of any of held or conducted on or about the above, or that in Landlord’s reasonable opinion violates any of the aboveSublease Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord upon demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 29.38.1 of the Master Lease) on, in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectSublease Premises, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain transport or permit the transportation of any nuisance such Hazardous Materials to or waste in, on or about from the Sublease Premises, except for limited quantities used or stored at the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs Sublease Premises and expenses arising out of or required in connection with the compliance routine cleaning and maintenance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Sublease Premises, and Tenant shall indemnify, defend then only upon the written consent of Master Landlord and hold harmless Landlord from Sublandlord and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply in compliance with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseapplicable laws.

Appears in 2 contracts

Sources: Sublease (Credo Technology Group Holding LTD), Sublease (Credo Technology Group Holding LTD)

Use. 10.1. Tenant Subtenant shall use the Sublease Premises solely for the purpose set forth in Section 2.12general office use, dry laboratory (engineering), storage of dry goods only, research and development and other lawful uses reasonably related to or incidental to such specified uses, and otherwise subject to the terms and conditions of the Master Lease. Such permitted uses referred to in the immediately preceding sentence must be consistent with first class life sciences project in Redwood City, California and in compliance with, and subject to, applicable laws. As and where the phrases “Permitted Use” and/or “First Class Life Sciences Projects” is/are used in the Master Lease, the same shall be deemed to refer to the uses referred to in the first sentence of this Section 3.2. Subtenant shall not store or use any reagents in the Sublease Premises. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the PremisesSublease Premises for, or carry on, or permit or suffer the Premises to be usedcarried on, for any other purpose without Landlord’s prior written consentoffensive, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use noisy or occupy the Premises in violation of Applicable Laws; zoning ordinances; dangerous trade, business, manufacture or the certificate of occupancy issued for the Buildingoccupation, and shall, upon five (5) days’ written notice from Landlord, discontinue nor permit any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction auction sale to be a violation of any of held or conducted on or about the above, or that in Landlord’s reasonable opinion violates any of the aboveSublease Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord within ten (10) days of Sublandlord’s demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 5.3.1.1 of the Master Lease) on, in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectSublease Premises, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain transport or permit the transportation of any nuisance such Hazardous Materials to or waste in, on or about from the Sublease Premises, except for limited quantities used or stored at the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs Sublease Premises and expenses arising out of or required in connection with the compliance routine cleaning and maintenance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Sublease Premises, and Tenant shall indemnify, defend then only upon the written consent of Master Landlord and hold harmless Landlord from Sublandlord and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply in compliance with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseapplicable laws.

Appears in 2 contracts

Sources: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name use and corporate logo on occupy the exterior of Premises for any retail purpose or for any other use or purpose permitted by the Buildingapplicable zoning authority and otherwise by Laws and, the sizeas applicable, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted any REAs or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyOverleases. Tenant shall not place anything on have the exterior right to cease operations for business (“go dark”) in up to ten percent (10%) of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in aggregate of the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about rentable square footage of the Premises that shall in any way obstruct or interfere with covered by this Lease at the rights time of other tenants or occupants of the Building or the Projectdetermination, or injure or unreasonably annoy them, or and (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance rentable square footage of the Premises with leased premises under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, Other Lease at the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out time of any failure of such improvements to comply with the ADAdetermination. Notwithstanding the foregoing, Landlord (i) as to any particular Property Location, if less than fifty percent (50%) of the rentable square footage of such Property Location is not operating for business, no portion of such Property Location shall be responsible considered “dark”, (ii) no portion of a Property Location shall be considered “dark” unless such Property Location is “dark” for all liabilitiesmore than twelve (12) consecutive months, costs and expenses arising out (iii) no portion of or a Property Location shall be considered “dark” if Tenant ceases business operations in such Property Location in connection with a casualty, condemnation, Capital Improvement (as defined in Article 11) or Force Majeure (as defined in Section 31.10), and (iv) Tenant shall have the right to “go dark” in one (1) distribution center and such Property Location shall not count against the ten percent (10%) limitation set forth above. Tenant shall provide Landlord with written notice of a “go dark” Property Location, and an officer’s certificate of Tenant (1) certifying compliance with all of the existing structural portions square footage requirements set forth in the foregoing subsections (a), (b) and tenant improvements (i), and the other requirements or conditions set forth in the foregoing subsections (ii), (iii) and (iv), and (2) attaching a schedule of the Premises as of the date of square footage calculations in support thereof (provided, however, that Tenant’s failure to deliver such notice and officer’s certificate to Landlord shall not constitute a default under this Lease). Notwithstanding the foregoing, the “path of travel” into terms and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Lease and Tenant’s obligations hereunder (including without limitation, the payment of Base Rent and other Rent without reduction except as set forth in Articles 14 and 15, the maintenance of insurance as required under Article 6 and Tenant’s maintenance obligations under Section 10.10 9.02) shall survive the expiration or earlier termination of this Leaseremain in full force and effect with respect to any Property Location that has gone “dark”.

Appears in 2 contracts

Sources: Master Lease (Spirit Finance Corp), Master Lease (Spirit Finance Corp)

Use. 10.1. 6.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant shall, upon termination shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1 (e) above and no other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, nor but shall any bottlesin good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, parcels and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentgovernment regulation. 10.7. No sign6.2 Tenant shall not occupy or use the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on permit any part portion of the Premises to be occupied or used, 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 keep anything upon the Building without Landlord’s prior written consent; provided Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall have not permit any objectionable or unpleasant odors to emanate from the right to install a sign with its name and corporate logo Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. 6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the sizePremises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises. 6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, any permits and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively licenses required for the display transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises so as and, at Tenant’s sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds the use, condition or vibrations therefrom occupancy of the Premises. 6.6 Tenant shall keep all exterior electric signs lighted from extending into dusk until at least 12:00 A.M. every day, including Sundays and holidays. 6.7 Tenant shall include the Common Areas or other offices address and identity of its business activities in the Building. Further, Premises in all advertisements made by Tenant shall not place any equipment weighing five hundred (500) pounds or greater within in which the Premises without Landlord’s prior written approval, address and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any failure similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.

Appears in 2 contracts

Sources: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)

Use. 10.1. 8.1 Tenant shall use the Premises for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purpose set forth operation and occupancy of a technology company headquarters in Section 2.12the South of Market District, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written consentapproval of plans therefore, which consent Landlord may withhold Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and absolute discretion. 10.2expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or other air-removal/circulation system, and any required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, upon . Upon five (5) days’ business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the aboveCertificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s reasonable opinion violates any notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the aboveCompliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s specific use or occupancy 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. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Site, the ProjectBuilding, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, and Tenant shall promptly, upon demand, promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 8. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Site, the Building, and/or the Premises that shall in any way which will unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the PremisesSite, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Project. 10.10Site, the Building and/or the Premises. Notwithstanding 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 Huntsman Architectural Group, with the partitions to be considered a part of the live load. Landlord reserves the right to reasonably 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, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other provision herein space in the Building shall be so installed, maintained and used by Tenant as to the contrary, eliminate such vibration or noise. Tenant shall be responsible for all liabilitiesstructural engineering required to determine structural load. Tenant shall fasten all files, costs bookcases and expenses arising out 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. 8.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in connection amounts commensurate with the compliance Tenant’s permitted use and occupancy of the Premises with Premises, Tenant shall not use, introduce to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant theretoSite, the “ADA”)Building and/or the Premises, and 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 in this Paragraph 8.2) 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 indemnifynot permit the Premises to be in violation of any laws regarding Hazardous Materials brought onto the Premises by Tenant, defend its employees, agents or contractors; provided however that nothing in this Lease shall be construed to impose responsibility on Tenant for the remediation of Hazardous Materials that (i) were present in, on or under the Building on the Lease Commencement Date, (ii) are introduced into the Premises by Landlord’ its employees, agents or contractors, or (iii) which may migrate to the Premises through the air, water or soil through no fault of Tenant, its employees, agents or contractors. 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, of which Tenant has notice. Landlord shall give immediate written notice to Tenant 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 Landlord’s operations, of which Landlord has notice. (a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, managers, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any lossand all claims arising from Tenant’s use, costgeneration, liability manufacture, production, storage, release, discharge or expense disposal of Hazardous Materials on the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of this Paragraph 8. 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,’ (a) all actual damages; and (b) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including reasonable attorneys’ without limitation all costs of monitoring and all fees and disbursements) arising out expenses of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs consultants and expenses arising out of or in connection with the compliance experts retained by and of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAParties. The provisions of this Section 10.10 This indemnity shall survive the expiration or earlier 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. Landlord shall indemnify and hold harmless Tenant, its directors, officers, members, employees, agents, successors and assigns (collectively “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from the use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises occurring prior to the Lease Commencement Date or during the Lease Term as a result of Landlord’s or Landlord Parties’ use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises. (b) 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 2 contracts

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

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. Landlord represents to Tenant as of the Effective Date that, to the best of Landlord’s knowledge, office and general laboratory uses are permitted in the Building under applicable zoning ordinances. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject applicable to the Tenant’s Improvements and Tenant’s use and occupancy of the Premises, and Tenant shall promptly, upon demanddemand (accompanied by reasonable supporting documentation evidencing that such increase is due to Tenant’s failure to comply with this Section), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. Landlord represents to Tenant as of the Effective Date, to the best of Landlord’s knowledge, the use and occupancy of the Premises for office and general laboratory uses will not invalidate or increase the cost of Landlord’s commercial property insurance covering the Building. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentconsent except as otherwise approved by Landlord in the Approved Plans (it being understood that Tenant intends to install a key-card access system to the Premises as depicted in the Approved Plans). Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings except as otherwise approved by Landlord in the Approved Plans (it being understood that certain windows in the Premises will require specialized window coverings as depicted in the Approved Plans). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage not removed by Tenant upon the expiration or earlier termination of the Lease. Notwithstanding the foregoing, building-standard interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, Wexford-UCSC Joint Venture, LLC, University City Science Center, Wexford Science & Technology, LLC, Wexford Development, LLC and Wexford Science Center 2, LLC, any lender, mortgagee or beneficiary (each, a “Lender”), the Association and their respective affiliates, employees, agents and contractors (all of the foregoing are collectively the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding In addition, Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the foregoingcost of, ADA Title III “path of travel” requirements triggered by alterations within the Premises made subsequent to the Actual Access Date by, or at the request of, Tenant. Except as provided in the preceding sentence, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions Building Common Areas and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectLandlord’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply Work with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. In addition to the general requirements set forth above, Tenant shall not use, operate, maintain or alter the Premises, or allow or suffer the actions of third parties in their use, operation, maintenance or alteration of the Premises, so as to violate the Tax Credit Requirements, as defined and set forth below. (a) The terms that follow have the indicated definitions:

Appears in 2 contracts

Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any purpose other than as general business offices of an information technology services company, in accordance with all Laws and in keeping with the standards of a first class industrial/office building. Tenant acknowledges that Landlord is making no representation or unlawful purposes, nor warranty as to Tenant’s ability to use the Premises for its intended use and Tenant shall prior to executing this Offer perform such searches and satisfy itself that its use is permitted under all applicable Laws and that Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10will be able to obtain an occupancy permit. Notwithstanding any other provision herein In addition to and as ancillary to the contraryforegoing, Tenant shall be responsible entitled to use a portion of Unit 5 as a fitness facility for all liabilities, costs use by Tenant’s employees only (the “Exercise Facility”) on the following terms and expenses arising out conditions: (i) the Exercise Facility shall not exceed approximately 3,000 square feet of or Rentable Area of Unit 5 and shall be provided by Tenant at its sole cost and expense and shall be installed and operated otherwise in connection accordance with applicable Laws and the compliance applicable provisions of the Premises with Lease; (ii) Tenant shall be permitted to install a tread pool (“Tread Pool”) within the Americans with Disabilities ActExercise Facility, 42 U.S.C. § 12101which shall not exceed approximately 200 square feet in size. The Tread Pool shall be an above ground, et seq. (together with regulations promulgated pursuant theretopre-fabricated unit, to be installed and maintained at Tenant’s sole expense by a reputable contractor who has received the “ADA”)prior written approval of Landlord, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall thereafter be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance quarterly inspections of the existing structural portions and tenant improvements Exercise Facility by an Approved Consultant (as defined in the Lease) to ensure there is no development of mold or other Hazardous Substances within the Premises as a result of the date presence of this Leasethe Tread Pool or the Exercise Facility. Tenant shall deliver to Landlord copies of its annual maintenance and quarterly inspection contracts for the Exercise Facility and any service reports generated in connection therewith, including confirmation, satisfactory to Landlord, that all maintenance, repairs and/or replacements required or recommended by such service reports have been completed; (iii) the “path Exercise Facility shall at all times be used and operated in a first class manner; (iv) Tenant shall take every reasonable precaution to ensure that the use and operation of travel” into and within the Building (but Exercise Facility does not within disturb any other tenants or any other Persons permitted to be on the Project and, for greater certainty, shall ensure no undue noises or vibrations emanate from the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.;

Appears in 2 contracts

Sources: Multi Tenant Lease Agreement (PointClickCare Corp.), Lease Agreement (PointClickCare Corp.)

Use. 10.1. Tenant The Premises shall use the Premises be used solely for the purpose Permitted Use set forth in the basic lease provisions in Section 2.121.1 of this Lease, and shall not use in compliance with all Legal Requirements now or hereafter applicable to the Premises, or permit or suffer and to the Premises to be useduse and occupancy thereof, for any other purpose including, without Landlord’s prior written consentlimitation, which consent Landlord may withhold in its sole and absolute discretion. 10.2the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) 5 days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any of purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the aboveinsurance cost, or that in Landlord’s reasonable opinion violates cause the disallowance of any of the abovesprinkler or other credits. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, 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. 10.4Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall keep all doors opening onto public corridors closedwill use the Premises in a careful, except when in use for ingress safe and egress. 10.5. No additional locks proper manner and will not commit or bolts of any kind shall be placed upon any permit waste, overload the floor or structure of the doors or windows by TenantPremises, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of subject the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of to use that would damage the Premises or obstruct or interfere with the Building without Landlord’s prior written consent; provided that Tenant shall have rights of Landlord or other tenants or occupants of the right to install a sign with its name and corporate logo Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the exterior of Premises, or using or allowing the Building, the size, appearance and characteristics of which shall Premises to be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed used for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from the Premises from extending into the Common Areas Areas, or other offices space in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9Project. Tenant shall not (a) do or permit anything to be done in or about not, without the prior written consent of Landlord use the Premises that shall in any way obstruct manner which will require ventilation, air exchange, heating, gas, steam, electricity or interfere water beyond the capacity of the Project as set forth in this Lease. 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 rights of other tenants ADA) related to Tenant’s use or occupants occupancy of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. 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 and expenses of suit) (collectively, “Claims”) arising out of or in connection with the compliance Legal Requirements related to Tenant’s use or occupancy of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Premises, and Tenant shall indemnify, defend defend, hold and hold save Landlord harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses Claims arising out of or in connection with the compliance of the existing structural portions and tenant improvements any failure of the Premises as of to comply with any Legal Requirement (to the date of this Lease, extent that such Claims do not arise from the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord Landlord’s Work to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseany Legal Requirements).

Appears in 2 contracts

Sources: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Use. 10.1. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices and, at Tenant’s option, for utilization of a kitchen for the purpose set forth testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in Section 2.12, and shall not use the Demised Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingpart thereof, and shall, upon five (5) days’ written notice from if failure to secure such license or permit would in any way affect Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises Land or the Building without Landlord’s prior written consent; provided that Tenant shall have or the right to install a sign with conduct of business thereon or therein, then Tenant, as its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall duly procure and shall be of a size, color thereafter maintain such license or permit and type acceptable to submit the same for inspection by Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on at all times comply with the exterior terms and conditions of the corridor walls each such license or corridor doors other than permit. At no expense to Landlord’s standard lettering, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, 2.03 Tenant shall not place at any equipment weighing five hundred (500) pounds time use or greater within occupy, of suffer or permit anyone to use or occupy, the Premises without Landlord’s prior written approvalDemised Premises, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants requirements of the Building or Department of Buildings affecting the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. 2.04 In connection with any cooking in the Demised Premises: a. Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. b. Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. c. Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the Projectimplementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. 10.10d. Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Notwithstanding Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. e. Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other provision herein to remedies for any such breach permitted by law or the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out provisions of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingthis Lease, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless entitled to enjoin Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out violation of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasesaid provisions.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, use reasonable efforts to return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent which as to lab space, shall not be unreasonably withheld, conditioned or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. Subject to Landlord’s review and approval of Tenant’s door Signage, Landlord agrees that Tenant’s door Signage may be in the form of Tenant’s logo (or the logo of any permitted subtenant or assignee). The directory tablet lobby sign shall include its proportionate amount of space for Tenant and shall be provided exclusively for the display of the name and location of tenants only. Should Tenant exercise its ROFR (as defined in Article 42) Landlord shall work with Tenant and endeavor to provide directional signage for various divisions of Tenant in a manner consistent with the Building Signage program. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Tenant shall cause any office equipment or machinery be entitled to one (1) signage spot on the existing monument sign, however, Tenant’s Signage to be installed in inserted on the Premises so as monument sign remains subject to reasonably prevent sounds or vibrations therefrom from extending into Landlord’s review and approval. If Tenant occupies more than twenty-five percent (25%) of the Common Areas or other offices in then Rentable Area of the Building. Further, Tenant may, with prior approval from Landlord, install a building-top fascia sign on the north or south facing façade of the Building which shall not be visible from Highway 101. The location of such building-top sign shall be determined by Landlord in its reasonable discretion. 12.8. Tenant shall only place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not Landlord represents that the floor load limits are eighty (a80) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Projectpounds per square foot live load, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.twenty

Appears in 2 contracts

Sources: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not knowingly do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectPremises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPremises, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. 10.5. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No additional sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or exterior of the Building or on the Property without Landlord’s prior written consent; provided that Tenant shall have , which will not be unreasonably withheld. By executing this Lease, Landlord hereby approves the right to install a sign with its name and corporate logo signage currently existing on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyPremises. 10.6. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.1010.7. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 10.7 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Array Biopharma Inc), Lease (Array Biopharma Inc)

Use. 10.1. Tenant shall use the Premises for only the purpose set forth following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in Section 2.12, the form of Exhibit B attached hereto and shall not made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or and occupy the Premises in violation of Applicable Laws; zoning ordinances; a safe and careful manner, without committing or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Projectpermitting waste, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, conform to and shall be obey all laws, ordinances, rules, regulations and orders of a size, color any governmental bodies having jurisdiction over the Premises applicable to the use and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display occupancy of the name Premises and location of tenants only. Tenant shall not place anything any repairs or work performed on the exterior Premises by Tenant or at the request of the corridor walls or corridor doors other than LandlordTenant. If Tenant’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in activities on the Premises so as produce gases, vapors, odors, smoke or residuary material disturbing to reasonably prevent sounds Landlord or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the Building disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the Projectcost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or injure burn or unreasonably annoy themplace garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (b10) use or allow days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used for immoral in any way which may be a nuisance, annoyance or unlawful purposes, nor shall Tenant knowingly cause, maintain inconvenience or permit any nuisance which may result in damage to Landlord or waste in, on or about the Premises, the Building or the Projectother tenants of Landlord’s Property. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (U-Store-It Trust), Lease (U-Store-It Trust)

Use. 10.1. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the purpose set forth in Section 2.12, and Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or permit or suffer restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be usedobligated (nor shall Landlord) to make any material capital improvements required by such laws, for ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any other purpose without Landlord’s prior written consentcapital improvement, which consent Landlord may withhold or series of capital improvements within any calendar year, costing in its sole and absolute discretion. 10.2excess of $25,000. Tenant shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises in any manner that is declared will tend to create waste or claimed by any Governmental Authority having jurisdiction to a nuisance or, if there shall be a violation of any more than one tenant of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of building containing the Premises, impose which shall unreasonably disturb any duty upon other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or Landlord with respect warranty to Tenant as to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door suitability of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display conduct of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringTenant's business. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. Landlord acknowledges that Tenant’s use of the Premises for the Permitted Use in accordance with all of the terms and conditions of this Lease shall not invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building or the Project. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the actual cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent (in Landlord’s so e and absolute discretion). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor. 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. Landlord hereby represents and warrants that, as of the Term Commencement Date, the Common Areas are in compliance with the ADA.

Appears in 2 contracts

Sources: Lease (EverQuote, Inc.), Lease (EverQuote, Inc.)

Use. 10.113.1. Tenant shall use the Premises only for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.213.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.313.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost (unless Tenant promptly pays such increase) of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle 13. 10.413.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.513.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent; provided, however, subject to Landlord’s consent as to the details thereof, which consent shall not be unreasonably withheld or delayed, Tenant shall be permitted to modify or add to the current security system and master key system for the Premises; provided that Landlord shall continue to have access to the Premises consistent with Landlord’s rights under this Lease. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.613.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.713.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor. 10.813.8. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall have the right to signage that is both (a) approved in advance by Landlord and (b) in compliance with Applicable Laws, including, without limitation, City of Fremont codes, including the signage described in Exhibit H. 13.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.913.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1013.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing; provided, however, that Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of perform alterations to the Premises as required by a change in Applicable Laws (other than alterations necessitated by Tenant’s particular use of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except which Tenant shall complete at its sole cost and expense), which Tenant shall pay (a) as specifically described Operating Expenses (subject to the terms of Section 10.1), if such alterations are not confined to the Premises, or (b) to Landlord within thirty (30) days after receipt of an invoice therefor, if such alterations are confined to the Premises (provided that, in this sentence) the case of Subsection 13.11(b), if such costs are for capital repairs or replacements to the Premises, they shall be amortized over the improvements’ useful lives in accordance with GAAP); and the Project’s parking lots, walkways and landscaping areas with the ADA, and provided that Tenant notifies Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects in writing of the Project comply with the ADAneed for any such alterations. The provisions of this Section 10.10 13.11 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Use. 10.1Premises -------- The Premises shall be used only for the permitted Use as stated in the Basic Lease Information. Tenant shall No other use of the Premises for the purpose set forth in Section 2.12may be made without Landlord's prior written approval, and which shall be granted or withheld at Landlord's sole discretion. Without Landlord's prior written approval, which shall be granted or withheld at Landlord's sole discretion, Tenant shall not use the PremisesPremises to receive, store, or permit handle any product, material, or suffer merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all laws applicable to the Premises to be usedUse, for any other purpose without Landlord’s prior written consentoccupancy, which consent Landlord may withhold in its sole and absolute discretion. 10.2condition of the Premises. Tenant shall not use permit any objectionable or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingunpleasant odors, and shallsmoke, upon five (5) days’ written notice from Landlorddust, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the abovegas, light, noise, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, impose any duty upon Tenant unreasonably interfere with, or endanger Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, person; nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any purpose or unlawful in any manner that would 1) void any insurance on the Premises or the Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred by Landlord that is caused by Tenant's use of the Premises or because Tenant vacates the Premises. Tenant represents and warrants to Landlord that Tenant's intended Use of the Premises is solely for business or commercial purposes, nor and not for personal, family, or household purposes. Parking Areas ------------- Tenant and its employees and invitees shall Tenant knowingly causehave the non-exclusive right to use, maintain or permit in common with others, any nuisance or waste inparking areas associated with the Premises which Landlord may from time-to-time designate for such use, on or about at an allocation of no less than one parking spaces per 1500 square feet of the Premises, the Building or the Project. 10.10subject to 1) such reasonable rules and regulations as Landlord may promulgate from time to time, and 2) rights of ingress and egress of other tenants and their employees, agents, and invitees. Notwithstanding any other provision herein to the contrary, Tenant Landlord shall not be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and enforcing Tenant's parking rights against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasethird parties.

Appears in 2 contracts

Sources: Net Lease (Ebaseone Corp), Net Lease (Ebaseone Corp)

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to 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 use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the purpose Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (250) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Section 2.12Exhibit B), and shall not other than compliance that is necessitated by the use the Premises, or permit or suffer of the Premises to for other than the Permitted Use or as a result of any Alterations made by Tenant (which risk and responsibility shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use substantial portion of the Premises that is declared or claimed by for a “call center”, any Governmental Authority having jurisdiction to be a violation of any of the aboveother telemarketing use, or any credit processing use. In addition, 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 in Landlord’s reasonable opinion violates any of the aboveare 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 comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with any direction of any Governmental Authority having jurisdiction that shall, by reason other tenants or Landlord in its management 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. 10.3Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises so as to reasonably prevent sounds any activity, or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or injure any act or unreasonably annoy themomission by Tenant, or (b) use its agents, employees, representatives, or allow contractors, such statement or threat shall be conclusive evidence that the Premises increase in such rate is due to be used for immoral such act of Tenant or unlawful purposes, nor shall Tenant knowingly cause, maintain the contents or permit any nuisance or waste in, on equipment in or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryand, as a result thereof, Tenant shall be responsible liable for all liabilities, costs such increase and expenses arising out of or in connection such increase shall be considered Additional Rent payable with the compliance next monthly installment of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the “path of travel” Premises or brought into and within the Building (but not within the Premisesany dangerous, except as specifically described in this sentence) and the Project’s parking lotsnoxious, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 2 contracts

Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingPremises or any portion thereof, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. Nothing in this Section shall limit any of Landlord’s other rights or remedies under this Lease, under Applicable Laws or in equity. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectPremises or any portion thereof, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPremises or any portion thereof, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress, to the extent required in order to comply with Applicable Laws, including the applicable fire code. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing exterior locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices the Building (interior and restrooms exterior) either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises Premises, other than Landlord’s standard window coverings, without Landlord’s prior written approval, which will not be unreasonably withheld, conditioned or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened with any sunscreen material without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which will not be unreasonably withheld, conditioned or delayed. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any exterior part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalconsent, which will not be unreasonably withheld, conditioned or delayed. Signage shall conform to Landlord’s design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment shall be placed only in a location designed to carry the weight of such equipment. 10.912.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral unlawful purposes or unlawful purposes, nor shall Tenant knowingly (b) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.1012.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall not be responsible for compliance with Applicable Laws for any work performed in the Premises by or at the direction of anyone other than a Tenant Party. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind kind, shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Initial interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord; provided, however, that Tenant shall be responsible for all costs and expenses incurred by Landlord for any changes to Tenant’s listing in such directory tablet requested by Tenant from and after the Term Commencement Date (excluding any changes on account of improvements to the directory tablet initiated by Landlord). The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, ; costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”)) from and after the Term Commencement Date, and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADAADA from and after the Term Commencement Date. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant) shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times (subject to Landlord’s compliance with its obligation with respect to base Building HVAC systems under Sections 16.9 and 18.1 of this Lease). 12.13. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within thirty (30) days after demand for any costs incurred by Landlord pursuant to this Section. In the event that Landlord has not obtained the MWRA Permit by the Expense Trigger Date and Tenant is consequently not permitted to use the Acid Neutralization Tank, Landlord shall reimburse Tenant for the reasonable third-party out-of-pocket costs of wastewater disposal that are incurred by Tenant to dispose of wastewater in the absence of the MWRA Permit within thirty (30) days after the delivery to Landlord of invoices therefor by Tenant, which invoices shall be accompanied by supporting materials that are reasonably acceptable to Landlord; provided, however, that Landlord’s obligation to reimburse Tenant for such costs shall terminate from and after the date that Landlord subsequently secures the ▇▇▇▇ ▇▇▇▇▇▇.

Appears in 2 contracts

Sources: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Use. 10.1. A. Tenant shall use the Leased Premises solely for the purpose set forth in Section 2.12general office use, and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionpurpose. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. B. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallall statutes, by reason of the nature of Tenant’s use or occupancy of the Premiseslaws, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements ordinances affecting the Leased Premises or relating to the use or occupancy thereof and all the orders or recommendations of the insurers of the Building and the Projectany insurance underwriters, safety engineers, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy loss prevention consultants as may from time to time be consulted by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostaddition, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary makes any alteration to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant or in order to comply with any requirement of any statutes, laws, rules, orders, regulations and ordinances and such requirement is a result of Tenant’s particular business or use of the Building without Landlord’s prior written consent; provided that Leased Premises (as opposed to general office use), then Tenant shall have reimburse Landlord upon demand for the right 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. C. Tenant shall, at its sole expense: (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, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the use of any portion of the Leased Premises for any unlawful purpose; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to install a sign carry in accordance with its name the plans and corporate logo on the exterior specifications of the Building, and not install, operate or maintain in the sizeLeased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, appearance overload, damage or deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building, 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 characteristics in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises any electrical heating, air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the amount of electricity required for use of the Leased Premises as general office space (other than ordinary office equipment such as personal computers, printers, copiers and the like) without first obtaining the written consent of Landlord, which shall not be subject unreasonably withheld; (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. D. In addition to Landlord’s prior written consent. Interior signs and not in limitation of the other restrictions on doors and use of the directory tablet Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the following uses of the Leased Premises shall not be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, 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 medical, mental health or dental practice; (3) any use of the Leased Premises by or for an employment agency or bureau; (4) any use of the Leased Premises for classroom purposes (other than internal or, on an infrequent basis, customer training purposes); (5) any use of the Leased Premises by or for any user which distributes governmental or other payments, benefits or information to persons that personally appear at the Leased Premises; (6) any other use of the Leased Premises or any portion of the Building by any user that will attract a volume, frequency or type of visitor or employee to the Leased Premises or any portion of the Building which is not consistent with the standards of a sizehigh quality, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any first-class office equipment or machinery to be installed building in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants general area of the Building or that will in any way impose an excessive demand or use on the Project, facilities or injure or unreasonably annoy them, or (b) use or allow services of the Leased Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectBuilding. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject (provided that Landlord has given written notice of such rules to Tenant), and 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 SectionArticle. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings, except as approved in writing by Landlord in advance. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. Tenant shall have the right to monument signage on the Premises; provided, however, that (a) no such monument signage shall be installed without Landlord’s prior written consent, (b) the design, installation, maintenance, repair, restoration and removal (including restoration of the Property upon which the same was located) of the monument signage shall be at Tenant’s sole cost and expense, (c) any such monument signage must be in full compliance with all Applicable Laws and any covenants, conditions or restrictions that encumber the Property (“CC&Rs”), and (d) Tenant shall be solely responsible for obtaining any governmental permits or approvals, and approvals under the CC&Rs, that are required to install and maintain such monument signage. In the event of a violation of the foregoing by Tenant, Landlord shall remove the same without any liability, and may charge the expense incurred in such removal to Tenant. 10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not only place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements the Premises to comply with the ADA; provided that Tenant shall not be responsible for the TI Allowance or the Additional TI Allowance or for performing the Tenant Improvements. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall agrees to indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord the Premises to make such aspects of the Project comply with the ADAADA prior to the Term Commencement Date. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Use. 10.1. Section 21.1 The Tenant shall use the Premises and the Personal Property solely for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation production of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five Joint Venture Products (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed as defined in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500Contribution Agreement) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance conduct of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Business and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAno other purpose. The provisions of this Section 10.10 21.1 shall survive not prohibit any new uses which become part of the expiration Business, provided that the same: (a) are of the same nature as the current uses of the Demised Premises and the Personal Property; (b) are permitted under the certificate of occupancy (or earlier termination the certificate of this Leaseoccupancy is amended to permit such use); and (c) are approved by the Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall not use, treat, or dispose of any Hazardous Substances (as defined in the Contribution Agreement) in connection with the use of the Premises for the production of Joint Venture Products without first obtaining the prior consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Section 21.2 Pursuant to the Contribution Agreement, the Landlord may have transferred to, or made available for use by, the Tenant, certain Governmental Authorizations (as defined in the Contribution Agreement) required for the use and occupancy of, and conduct of the Business at, the Demised Premises. The Tenant shall obtain (to the extent not transferred or made available to the Tenant as provided above) and thereafter shall maintain in full force and effect, any permit, approval or license which is required by any governmental or nongovernmental agency or insurance regulatory body for the operation and maintenance of the Demised Premises and the use thereof in connection with the Business (including, without limitation, the Governmental Authorizations transferred to or made available to the Tenant pursuant to the Contribution Agreement), and shall promptly furnish the Landlord with a copy of same. The Tenant shall not use or allow the Premises or any part thereof to be used or occupied for any unlawful purpose. Section 21.3 In furtherance and not in limitation of the foregoing, the Tenant's use of the Premises and the Personal Property shall at all times be subject to the Landlord's reasonable health, safety and operating regulations and guidelines from time to time which are applicable to the Premises, the Personal Property and/or the Tenant's use thereof, to the extent the same have been furnished to the Tenant by the Landlord.

Appears in 2 contracts

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

Use. 10.1The Demised Premises shall be used and occupied by Tenant solely for the purposes of medical products manufacturing, associated warehousing and general office/R&D uses, and any other lawful purpose to which Landlord consents in writing (which consent will not be unreasonably withheld), so long as such use is in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Property. Tenant shall use occupy the Premises for the purpose set forth in Section 2.12, and shall not use the Demised Premises, or conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable and will not permit or suffer the Premises to be usedcreate any nuisance, for noise, odor, or otherwise interfere with, annoy or disturb any other purpose without Landlord’s prior written consent, which consent Landlord may withhold tenant in the Building in its sole and absolute discretion. 10.2. Tenant shall not use normal business operations or occupy the Premises Landlord in violation its management of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any . Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Property, provided that is declared or claimed by any Governmental Authority having jurisdiction to be a violation such rules and regulations do not unreasonably interfere with Tenant's lawful use of the Demised Premises. Outside storage on the Property of any type of equipment, property or materials owned or used on the above, Property by Tenant or that in Landlord’s reasonable opinion violates any of the aboveits customers and suppliers shall not be permitted. Tenant shall comply with all federal, state and municipal laws, ordinances, standards and regulations in effect from time to time governing the operation of Tenant's business including but not limited to federal regulations on occupational exposure to bloodborne pathogens (29 CFR ss. 1910.1030) and ionizing radiation (29 CFR ss. 1910.1096); any direction applicable Standards of Practice promulgated by the Centers for Disease Control; and all laws, ordinances, standards and regulations governing the transportation, use, storage and disposal of infectious or potentially infectious substances and wastes. Notwithstanding anything in this Lease to the contrary, Tenant, and not Landlord, shall be responsible and shall pay for all costs of segregating, packaging, treating, transporting and disposing of all infectious waste (if any) generated by Tenant, its employees, agents, invitees and visitors at or from the Property. All infectious waste shall be identified, segregated, measured, stored and disposed of by Tenant in a manner that complies with all federal, state and local laws, ordinances, standards and regulations applicable to infectious waste. None of the Common Areas may be used by Tenant for the storage or disposal of infectious waste. As used herein, "infectious waste" means any infectious waste or pathological waste as defined by Minn. Rules ss. 7035.9110, subpp. 10, 16, any infectious substance, biological product, diagnostic specimen or regulated medical waste as defined by 49 CFR ss. 173.134, or any other substance defined or regulated by any of said applicable laws, ordinances, standards or regulations as an infectious waste, pathological waste, etiologic agent, hospital waste, medical waste, regulated waste, sterilized waste, or mixed waste. Tenant will indemnify and defend Landlord against all damages, penalties, or other charges or costs (including reasonable attorney's fees) imposed or incurred in connection with any violation or alleged violation of any Governmental Authority having jurisdiction that shallsuch applicable laws, ordinances, standards and regulations whether occasioned by reason of Tenant, its agents, employees, invitees and visitors or any other persons using or present upon the nature of Demised Premises; and Tenant will indemnify and defend Landlord against all liability (including reasonable attorney's fees) for damages to any person due to communicable diseases caused or allegedly caused by any act, event, condition, matter or thing occurring, existing, or failing to occur or exist in connection with Tenant’s use or 's occupancy of the Demised Premises, impose any duty upon Tenant . The foregoing indemnities shall survive expiration or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.ACCESS TO DEMISED PREMISES:

Appears in 2 contracts

Sources: Office/Warehouse Lease (Possis Medical Inc), Office/Warehouse Lease (Possis Medical Inc)

Use. 10.1. 10.1 Tenant shall may use the Premises for any of those purposes, and only those purposes, allowed by (i) the purpose set forth City of San Diego Industrial Park (IP-1) Zone (formerly Scientific Research Zone) in Section 2.12effect from time to time and as applicable to the Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Land, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord. Tenant may change the use of the Premises from time to time, as long as such changed use is authorized by this Section 10.1 or may otherwise be legally permissible, with the consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionshall not be unreasonably withheld. 10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the above, or that in occupancy. Subject to Landlord’s reasonable opinion violates any of the above. warranties set forth in Section 14.2, Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s specific use or and 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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or materially increase the cost (unless Tenant agrees to pay such increased cost) of any fire, environmental, extended coverage or any other insurance policy covering the Building Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and the Projectconditions, and shall comply with all commercially reasonable rules, orders, regulations and requirements of the insurers of the Premises. 10.4 Subject to the terms of this Section 10.4, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. Subject to Landlord’s warranties set forth in Section 14.2, all responsibility for compliance with the ADA relating to the Building and the Project, and specific activities conducted therein by Tenant shall promptlybe exclusively that of Tenant and not of Landlord, upon demandincluding any duty to make structural or capital improvements, reimburse Landlord alterations, repairs and replacements to the Building required by Tenant’s specific use of the Building. Any alterations to the Premises made by Tenant for any additional premium charged for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such policy by reason alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s failure to responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this SectionLease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. 10.410.5 Tenant may install signage on and about the Premises as part of the construction of the Tenant Improvements to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance. Tenant shall keep all doors opening onto public corridors closedacknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, except when in use for ingress and egress. 10.5. No additional locks is not relying on any representations or bolts warranty of Landlord regarding the number, size or location of any kind signage. The expense of design, permits, purchase and installation of any signs shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord included in the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changeTenant Improvements. 10.6. 10.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in at a location within the Building other than a location designed to carry the weight load of such the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.9. 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or knowingly allow the Premises to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or knowingly permit any nuisance or waste in, on on, or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Sublease (Salmedix Inc)

Use. 10.1a) The Premises shall be used and occupied by Tenant solely for general business office use including, but not limited to, Tenant's business as a LONG DISTANCE PROVIDER and all lawful matters thereto. Tenant shall agrees not to use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises for any purpose which is illegal, or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Property. b) Tenant represents and warrants that is declared or claimed Tenant will keep the Premises free from contamination by any Governmental Authority having jurisdiction Hazardous Materials and that the Premises and the activities to be a conducted thereon will not pose any hazard to human health or violate any applicable current federal, state, or local laws, ordinances, rules, codes, or regulations pertaining to Hazardous Materials or industrial hygiene or environmental conditions (collectively referred to herein as "Environmental Laws"). Tenant at its sole cost and expense shall conform to all existing and any future changes in the Environmental Laws, whether foreseen or unforeseen, and will take all direct and indirect actions required in order to keep its Premises or any activities conducted on the Premises free from any violation of any of the above, current or that in Landlord’s reasonable opinion violates any of the abovefuture applicable Environmental Laws. Tenant shall comply with agrees to indemnify, defend and hold Landlord (and Landlord's partners, affiliates, directors, officers, shareholders, employees, mortgagees, heirs successors and assigns, as applicable) harmless from and against any direction and all claims, losses, damages (including, without limitation, unforeseeable consequential and incidental damages), fines or penalties resulting from the violation of any Governmental Authority having jurisdiction that shallBS WM -------- -------- Atrium at Clearwater/Prog▇▇▇▇▇▇▇.▇▇▇▇▇. ▇▇cember 5, 1997 Tenant Landlord Environmental Laws applicable to the Building and/or the Premises which have been caused by reason or necessitated by the acts of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or and/or its agents. All sums paid and costs incurred by Landlord with respect to the Premises or with respect foregoing matters shall be payable by Tenant to Landlord as additional rent due on demand. c) Landlord hereby represents and warrants to Tenant that to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost best of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises 's knowledge as of the date of this Lease, no hazardous material has been leaked, spilled, discharged or incorporated into the “path Premises or the Building. Landlord shall notify Tenant immediately if Landlord should discover any hazardous materials or violations of travel” into and within the Building (but not within any laws or regulations regarding hazardous materials. Landlord will, at Landlord's sole expense, take all action necessary to remove or abat▇ ▇▇▇ hazardous materials should they be found on or in the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Progressive Telecommunications Corp)

Use. 10.1The Premises shall be occupied and used by Tenant for the purpose of conducting therein the business of office and light manufacturing. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation accordance with all governmental laws, statutes, orders, ordinances, rules and regulations of Applicable Laws; any governmental authority with jurisdiction affecting the Premises from time to time, including, without limitation, applicable zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect agrees to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rulesdeed restrictions, ordersdeclarations, regulations conditions and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure covenants applicable to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, if any, and to which the “path Premises or Lease is later made subject with Tenant's written consent and to assume and perform any duties or obligations thereunder applicable to the Premises or to the owner of travel” into the Premises. Tenant shall not use, or allow the Premises to be used, for any purpose other than as specified herein and within shall not use or permit the Building (but not within Premises to be used for any unlawful, disreputable or immoral purpose or in any way that will injure the reputation of the Premises, detract from its value, or in violation of any certificate of occupancy applicable to the Premises, or endanger the Premises or unnecessarily increase the applicable insurance premiums payable with respect thereto, or create a nuisance, or permit the Premises to be occupied in whole or in part by any other person, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and otherwise provided herein. Landlord shall indemnify, defend not allow any buildings to be constructed on Landlord's property adjacent to Tenant's Premises which obstruct the free and hold harmless clear view of Tenant's south facing antennas. Tenant from and against requires look angles for antennas which are due south 30 degrees with an elevation of not less than 30 degrees. Any views above 30 degrees shall not be obstructed by building or objects Landlord places adjacent to the Premises. Landlord shall submit any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out plans of any failure building to be constructed on Landlord's property adjacent to Tenant's Premises for Tenant's review to assess how it affects Tenant's antennas. If Tenant determines in Tenant's reasonable discretion under the above criteria that Tenant's antennas are obstructed and so notifies Landlord in writing within ten (10) days of Landlord's notice to Tenant, then Landlord shall modify the location or characteristics of the proposed building until Tenant's antennas are not affected. If Tenant's antennas are obstructed in any way during the term of this Lease, in violation of this section, then it will be the sole cost and responsibility of Landlord to make such aspects relocate Tenant's antenna pad site to a site reasonably agreeable to Tenant. If Landlord does not do so within ten (10) days of written notice from Tenant, then Tenant may terminate the Lease upon 120 days written notification given within ten (10) days of Landlord's failure to do so. This entire Article shall be made a part of the Project comply with covenants for all of the ADAadjacent land that is being purchased by Cherokee Equities from ITT, generally known as 1500 Garden of the Gods Road. The provisions Should Cherokee Equities sell any of this Section 10.10 shall survive such adjacent land and at any time after the expiration or earlier termination execution of this Lease, then the provisions under this Article shall be binding upon the purchasers and the successors and assigns of Cherokee Equities thereafter, for so long as the Stanford Telecommunications' Lease is in effect. Cherokee Equities shall provide legal access to either Garden of the Gods Road or Centennial Boulevard.

Appears in 1 contract

Sources: Lease (Stanford Telecommunications Inc)

Use. 10.1The Premises shall be used for office purposes (the “Permitted Use”) and for no other purpose. Tenant shall agrees not to use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that for any purpose which is declared illegal, dangerous to life, limb or claimed by property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. If there shall be any Governmental Authority having jurisdiction increase in the cost of insurance coverage with respect to the Building which results from Tenant’s particular acts or particular conduct of business (and not the mere use of the Premises for office purposes), then such acts shall be deemed to be a violation default hereunder and Tenant hereby agrees to pay the amount of such increase on demand. Acceptance of such payment shall not constitute Landlord’s waiver of such default or of any of the above, or that in Landlord’s reasonable opinion violates any rights or remedies hereunder. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the aboveBuilding. Tenant shall will maintain the Premises in a clean and healthful condition, and comply with any direction all laws, ordinances, orders, rules and regulations of any Governmental Authority having jurisdiction that shallgovernmental entity with reference to the use, by reason of the nature of Tenant’s use interior, non-structural condition or occupancy of the Premises. Tenant, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that at its expense, will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, the rules and regulations and requirements of the insurers of the Building adopted and altered by Landlord from time-to-time (provided any future rules or alterations thereof are reasonable and non-discriminatory) and will cause all of its agents, employees, invitees and visitors to do so. A copy of the Projectexisting rules and regulations is attached hereto as Exhibit “H” and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with at the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return Lease to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow deliver up the Premises to be used for immoral or unlawful purposesLandlord in as good a condition as at the Commencement Date, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projectordinary wear and tear excepted. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Borland Software Corp)

Use. 10.1. (a) Tenant shall use be entitled to use, improve and operate the Premises for the purpose set forth in Section 2.12Property as a resort hotel and casino complex, or complexes, and shall may in connection with such complex or complexes use, improve and operate the Property for related amenities including, but not use limited to, a truck stop on the PremisesWhiskey Pete’s Parcel, a gasoline station or permit or suffer stations on the Premises Property, a recreational vehicle park, retail businesses, amusement park, restaurants and an employee housing facility to be used, for located on the R.V. Park Parcel. While Tenant is not required to make or continue any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any particular use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to Property, Tenant shall at all times be a violation of any deemed in actual possession of the aboveProperty, or that in Landlord’s reasonable opinion violates any pay all rent and other charges required of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect pursuant to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return and, subject to certain acknowledgments and Landlord covenants within Section 13.4(h): (i) secure and protect the Property; (ii) maintain and repair in a good and working condition all keys improvements to offices the Property, including, without limitation, all water and restrooms either furnished sewer, rights, permits, applications and facilities at a level equal to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostgreater than that required in connection with Landlord’s Reversionary Water and Sewer Rights, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtainsall landscaping, blindstogether with all equipment, shades or screens shall be attached to or hung inmachinery, systems and utilities comprising a part of, or used in connection with, such improvements and the Property and otherwise satisfy fully all of Tenant’s obligations pursuant to this Lease; and (iii) shall return annually to the rapid infiltration basins (“RIBs”) presently used by Tenant (or any window replacement RIBs) at least the lesser of (1) Tenant’s entire Effluent discharged from the Wastewater Facilities or door (2) 100 acre-feet of Effluent annually discharged from the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentWastewater Facilities. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; (b) As provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not subparagraph (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryimmediately above, Tenant shall be responsible for all liabilitiespermitted to construct and operate an employee housing facility on the R.V. Park Parcel (“Employee Housing Facility.”) Tenant shall enter into a written rental agreement (“Housing Agreement”) with each person residing, costs and expenses arising out of occupying or in connection with using the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. Employee Housing Facility (together with regulations promulgated pursuant thereto, the ADAEHF tenant”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Ground Lease Agreement (Herbst Gaming, LLC)

Use. 10.1Owner shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of the storage space or the preservation of good order on the facility. ▇▇▇▇▇▇ agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time. Tenant’s access to the storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the storage facility. Tenant shall have the right to use the Premises entrance, driveways, parking areas (not specifically assigned to other tenants), elevators, stairs and hallways that are generally available to all tenants, for the sole purpose set forth of access to and from Tenant’s space. Tenant’s access to its space shall only be during the days and hours of the days established by Owner in Section 2.12, the Rules and Regulations. Tenant shall be responsible for the conduct of its guests and invitees at all times while they are on Owner’s property. Tenant shall not use store any property in the Premisesspace that is inflammable, explosive, hazardous, dangerous to the health of humans, or permit or suffer which will increase the Premises to be used, for any other purpose without Landlordrate of Owner’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2fire insurance premium. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of space for residential purposes, nor shall Tenant permit occupancy issued for the Buildingby animals, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything any act that will invalidate may create, or increase does create, a nuisance or which may disturb or interfere with the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements use of the insurers of facility by the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks Owner or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or its other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlytenants. Tenant shall not place anything on the exterior store any goods or engage in any other act in violation of any applicable law, ordinance, code, rule, regulation or order of any governmental agency or any of the corridor walls or corridor doors other than LandlordRules and Regulations of Owner as may be adopted and/or revised by Owner from time to time in Owner’s standard lettering. 10.8sole discretion. Owner is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. Owner does not exercise care, custody, nor control, over ▇▇▇▇▇▇’s stored property. Tenant shall cause any office equipment or machinery agrees to be installed in use the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into storage space only for the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight storage of such equipment. 10.9property wholly owned by Tenant. Tenant shall not (a) do store antiques, artworks, heirlooms, collectibles or permit anything any property having special or sentimental value to be done Tenant. Tenant waives any claim for emotional or sentimental attachment to the stored property. Tenant agrees not to store property with a total aggregate value in or about excess of $5,000 without the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants prior written permission of the Building Owner. If such written permission is not obtained, the aggregate value of Tenant’s property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposesadmission by Owner that Tenant’s stored property has any value, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein anything to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described contrary in this sentence) and Section 22 limit or otherwise alter the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless releases by Tenant from and against any loss, cost, of Owner's liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of as set forth elsewhere in this Section 10.10 shall survive the expiration or earlier termination of this LeaseAgreement.

Appears in 1 contract

Sources: Self Storage Rental Agreement

Use. 10.1(a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of the operation, instillation, maintenance, repair and replacement of telecommunications equipment and its related facilities, collocation with Tenant’s customers, and for general office use (the “Telecommunication Use”), an administration CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement office, computer systems, engineering, data services, receiving, storing, shipping and selling (but limited to wholesale and internet sales) products, materials and merchandise made and/or distributed by Tenant, maintaining a Meet Me Room (as defined in Section 46), which may be used by other internal service providers, provided Tenant shall (1) insure that all third parties who use the Meet Me Room comply with all of the terms and conditions of this lease and (2) remain primarily liable for all of the obligations of the “Tenant” under this Lease, and for such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall use not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 333 rentable square feet of office space in the Premises (not to exceed five percent (5%) of the Premises for the purpose set forth of this calculation) and one person for each 1,000 rentable square feet of non -office space in Section 2.12the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises tenant shall not use permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or permit or suffer the Premises to be used, for take any other purpose without Landlord’s prior written consentaction that would constitute a nuisance or would disturb, which consent unreasonably interfere with, or endanger Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use tenants of the Premises that Project Subject to Section 43 and all applicable legal Requirements, outside storage, including without limitation, storage of trucks and other vehicles, is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof prohibited without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises Premises, the Building or the Project that shall in any way obstruct or will unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use Project or allow the Premises to be used for immoral any unlawful purpose”. Tenant shall not do, permit or unlawful purposessuffer in on, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises the use or sale of any alcoholic liquor without the prior written consent of Landlord (b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”) The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated hereunder, all as may be amended from time to time Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, the Building that are required by Legal Requirements related to Tenant’s specific use or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance occupation of the Premises Tenant will not use or permit the Premises to be used for any purpose or in any manner (other than Tenant’s permitted use) that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, except for the payment of rent. (c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. use and enjoyment of all tenants and occupants of the Project (together with regulations promulgated pursuant thereto, the “ADACommon Area”), subject to such reasonable rules and Tenant shall indemnify, defend and hold harmless regulations as Landlord may promulgate from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements time to comply with the ADAtime. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitiesno designation or re-designation by Landlord, costs and expenses arising out of or in connection with the compliance nor any of the existing structural portions rules and tenant improvements regulations, will, in Landlord’s reasonable discretion, materially impair the visibility of any signage installed on the exterior of the Premises as of Building by Tenant pursuant to the date of this Lease, the “path of travel” into terms and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive Lease or materially impair pedestrian and vehicular access to the expiration or earlier termination of this Lease.Premises CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement

Appears in 1 contract

Sources: Assignment of Lease

Use. 10.1. Tenant The Premises shall use the Premises be used only for the purpose Permitted Uses set forth in Section 2.12, the Basic Lease Information and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2uses. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any Tenant's use of the Premises that is declared 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 claimed 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 or hereafter enacted, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the "ADA") as the same may be amended from time to time, all Environmental Laws (as defined in Section 12.1), and any Governmental Authority having jurisdiction CC&Rs or any supplement thereto recorded in any official or public records with respect to be a violation of the Project or any of the aboveportion thereof (collectively, or that in Landlord’s reasonable opinion violates any of the above"Applicable Laws"). Tenant shall comply with be responsible for obtaining any direction permit, business license, certificate of occupancy, or other permits or licenses required by any Governmental Authority having jurisdiction that shall, by reason of the nature of governmental agency permitting Tenant’s 's use or occupancy of the Premises. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, impose any duty upon Tenant or together with such additional reasonable rules and regulations as Landlord with respect may from time to the Premises or with respect to the use or occupation thereof. 10.3time prescribe. Tenant shall not do commit waste, overload the floors or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior structure of the Building, subject the sizePremises, appearance and characteristics the Building, the Common Area or the Project to any use which would damage the same or increase the risk of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribedloss or violate any insurance coverage, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expensepermit any unreasonable odors, and shall be of a sizesmoke, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds dust, gas, substances, noise or vibrations therefrom to emanate from extending into the Common Areas Premises, take any action which would constitute a nuisance or other offices in the Building. Furtherwould disturb, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of endanger any other tenants or occupants of the Building or the Projecttenants, take any action which would abrogate any warranties, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any unlawful purpose. Tenant shall have the right, free of separate charge therefor, in common with other tenants of Landlord to use the parking facilities of the Project. Tenant agrees not to overburden the parking facilities and agrees to ▇▇▇▇▇rate with Landlord and other tenants in the use of parking facilities. Landlord shall not be responsible for non-compliance by any other tenant or unlawful purposesoccupant of the Project with, nor or Landlord's failure to enforce, any of the rules or regulations or CC&Rs or any other terns or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant knowingly cause, maintain or permit shall not do any nuisance or waste in, on or about act which shall in any way encumber the title of Landlord in and to the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Ipayment Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises visible from outside the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Building monument signage, interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for comparable Tenants in the Project, as Landlord reasonably determines. Subject to Landlord’s consent (in its sole discretion), Tenant, at its sole cost and expense, shall have the right to install Signage on the exterior face of the Building in the location shown on Exhibit J-1 attached hereto; provided, that if Tenant elects to install such exterior Building Signage, at Landlord’s option, Landlord may install such exterior Building Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. As feasible, based on size and material constraints, Tenant’s Signage (other than the directory tablet signage) may incorporate, at Tenant’s election and subject to Landlord’s review and approval, Tenant’s corporate logo, graphics and colors. All Signage installed pursuant to this Section shall be consistent with the size and illumination requirements set forth in the Zoning Ordinance, Watertown Planning Board, Watertown, Massachusetts, amended October 26, 2010 attached hereto as Exhibit J-2. Landlord hereby approves Tenant’s current corporate logo, graphics and colors shown on Exhibit J-3 attached hereto. 10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitiesand without limiting Tenant’s responsibilities under this Section, costs and expenses arising out at the time of or in connection with the compliance Landlord’s delivery of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described all base building systems serving the Premises, including HVAC, electrical, life safety and plumbing, shall be in this sentence) good working condition and suitable for the Permitted Use, the Common Area shall be ADA compliant and the Project’s parking lots, walkways Premises and landscaping areas with the ADA, and Landlord all Common Area corridors shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAapplicable building code. This Section (as well as any other provisions of this Lease dealing with indemnification of the Landlord Indemnitees by Tenant or exoneration of the Landlord from liability shall be deemed to be modified in each case by the insertion in the appropriate place of the following: “except as otherwise provided in Mass. G.L. Ter. Ed., C. 186, Section 15.” The indemnification provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Tenant shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Landlord agrees to reasonably cooperate with Tenant in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall be solely responsible for any costs incurred pursuant to this Section. In the event that Landlord elects to connect the Acid Neutralization Tank to other premises in the Building pursuant to Section 16.12 below, Landlord shall obtain and maintain the MWRA Permit and a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to the use of the Acid Neutralization Tank in the Building, Tenant shall reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license and Tenant shall reimburse Landlord within ten (10) business days after demand for Tenant’s Share of any costs incurred by Landlord pursuant to this Section.

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

Use. 10.1. Tenant (a) General Subtenant shall use the Premises only for the purpose set forth purposes stated in Section 2.121.3 and for no other use whatsoever. Except as otherwise provided in this Sublease, Subtenant shall, at Subtenant's sole expense, fully, diligently and in a timely manner, comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Sublandlord's consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effect or become effective after the Commencement Date. Subtenant shall, within ten (10) days after receipt of Sublandlord's written request, provide Sublandlord with copies of all permits and other documents, and other information evidencing Subtenant's compliance with any Applicable Requirements specified by Sublandlord, and shall not use immediately upon receipt, notify Sublandlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the Premises, failure of Subtenant or permit or suffer the Premises to be usedcomply with any Applicable Requirements. In addition, for any other purpose without Landlord’s prior written consentSubtenant shall provide Sublandlord with copies of its business license, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five and/or any similar document within ten (510) days’ written notice from Landlord, discontinue any use days of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboverequest therefor. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall will in any way obstruct or interfere with the rights or quiet enjoyment of adjacent owners or occupants, or permit any public or private nuisance, or commit any waste at or to the Premises. Without limitation on the foregoing, Subtenant acknowledges that Master Landlord and/or Sublandlord may, after the Effective Date, (i) enter into one or more reciprocal easement agreements and/or maintenance and cost-sharing agreements with other property owners or users relating to the improvement, use, maintenance, repair, and replacement of access roads (the "REA", whether one or more), (ii) create and/or enter into a water district and/or water agreements with other property owners or other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein relating to the contraryimprovement, Tenant shall be responsible for all liabilitiesuse, costs maintenance, repair, and expenses arising out replacement of water and water well facilities (the "Water Agreement", whether one or in connection more), and/or (iii) enter into one or more conditional use permit agreements with the compliance applicable governmental authorities respecting Cultivation Use of the Premises with and/or Master Premises (the Americans with Disabilities Act"Use Permit", 42 U.S.C. § 12101whether one or more). Subtenant will be bound and will abide by the provisions of the REA, et seq. Water Agreement, and Use Permit (together with regulations promulgated pursuant theretoincluding, without limitation, the “ADA”obligation to pay Subtenant's Share of any costs imposed by virtue of the REA, Water Agreement, or Use Permit), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out in the event of any failure of such improvements to comply with conflict between the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this LeaseREA, the “path of travel” into and within Water Agreement, or the Building (but not within Use Permit with this Sublease, the Premises, except as specifically described in this sentence) and document imposing the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord more restrictive provisions on Subtenant shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasecontrol.

Appears in 1 contract

Sources: Sublease

Use. 10.111.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.211.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingPremises or any portion thereof, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall take such further actions and execute such further documents in connection with this Lease as are necessary to comply with Applicable Laws relating to privacy, personal information and data security. Tenant acknowledges that Landlord may collect certain personal information (e.g., names, email addresses and contact information) of Tenant’s and its affiliates’ employees (and, if applicable, subcontractors and consultants), and use such information in connection with performing Landlord’s duties and obligations, and exercising its rights under this Lease. Tenant shall not retain, use or disclose any personal information received from Landlord pursuant to this Lease for any purpose other than to perform its duties and obligations, and exercise its rights under this Lease or as required by Applicable Law. In the event of a conflict between this Section and Article 37, this Section shall govern. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease (PMV Pharmaceuticals, Inc.)

Use. 10.1The Premises shall be used and occupied for the use as determined in Article 1.01(f) or for such other purpose as the Landlord may specifically authorize in writing. The Tenant shall use operate under the Premises for the purpose firm name as set forth out in Section 2.12, and shall not use Article 1.01(g). If any other business is operated on the Premises, the Tenant shall cease such operation upon receipt of notice from the Landlord. The Landlord, after this written notice to the Tenant, may at its option terminate this Lease if the other business being operated has not ceased. Upon Landlord’s notice to Tenant of Landlord’s exercise of the Landlord’s election to terminate this Lease, Tenant’s obligation to pay Minimum Rent and Additional Rent will cease effective on the date stated in the Landlord’s notice to terminate this Lease. Nothing, in the Landlord’s determination, shall be done or permit omitted or suffer permitted by the Tenant upon the Premises to which shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold or result in its sole and absolute discretion. 10.2a nuisance. The Tenant shall not use or occupy be in default for vacating the Premises prior to the expiration date of the Term so long as the Tenant continues to pay its Minimum Rent and Additional Rent as per the Lease and is not in violation default on the other provisions of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingLease, and shall, upon five (5) days’ provided written notice from Landlordis provided to the Landlord at least thirty (30) days in advance of vacating the Premises. Should the Tenant provide proper notice, discontinue any use has vacated and is not in default of the Premises that is declared or claimed by Lease, the Landlord will have the option to terminate the Lease upon providing thirty (30) days notice. At any Governmental Authority having jurisdiction time prior to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any notice of the above. such termination, Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy be entitled to resume its occupation of the Premises, impose upon providing thirty (30) days notice. For the avoidance of doubt, if Landlord chooses to so terminate, all obligations of Tenant, including without limitation any duty upon Tenant Rent or Landlord with respect to Additional Rent amounts remaining over the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements balance of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changeterminate. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Drugstore Com Inc)

Use. 10.111.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.211.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuildings or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates violated any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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 the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings in accordance with Applicable Laws if Tenant’s failure to comply therewith neither creates any risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. 10.311.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Buildings or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Buildings and the Project, and 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 SectionArticle. 10.411.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.511.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.611.6. No awnings or other projections shall be attached to any outside wall of the BuildingBuildings without prior written consent from Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written approval, which approval shall not be unreasonably withheld. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which approval shall not be unreasonably withheld, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which approval shall not be unreasonably withheld. 10.711.7. No signTenant shall, advertisement or notice shall be exhibitedat its sole cost and expense, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on legally permitted signage (“Signage”) at the exterior of the BuildingBuildings, the size, appearance and characteristics of which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing Signage (as of the Execution Date). All future repairs and replacements to such existing Signage shall be (a) consistent with the size, design and quality of the existing Signage, (b) in compliance with Applicable Laws, (c) paid for at Tenant’s sole cost and expense and (d) subject to Landlord’s prior written approval. In addition, subject to Landlord’s prior written approval, Tenant shall have the right to incorporate its company logo and trademarks as part of the design of its Signage. 10.811.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Buildings’ structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 11.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.911.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1011.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Halozyme Therapeutics Inc)

Use. 10.1. Tenant (a) The Site shall use the Premises be used only for the purpose placement of the Home and for a private residence in the Home for all named Tenants and all named minor dependents of Tenant as set forth in Section 2.12, on Tenant's application and this Rental Agreement. Any person other than listed on the Rental Agreement shall not use be considered a guest. Without the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant any guest's stay shall not use or occupy exceed a total of fourteen days within any twelve-month period commencing with the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use first day of the Premises that is declared or claimed by any Governmental Authority having jurisdiction guest’s presence. If Landlord grants written permission to be a violation of any of extend the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is loststay beyond fourteen days, Tenant shall pay to Landlord as additional rent $10 per day that the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed guest resides on the windowsillsSite. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilitiesthe acts of ▇▇▇▇▇▇'s other occupants and guests. Landlord shall have sole discretion to determine when a stay has exceeded fourteen days. Any person who is a guest and seeks to stay for more than (b) Tenant shall not use or permit the use of the Site for (1) any business enterprise including daycare unless authorized in writing by Landlord, costs (2) any unlawful purpose, or (3) any purpose that will adversely affect reputation of the Landlord, the Community or its residents. (c) Tenant shall not use or keep in, on, or about the Site anything which would adversely affect insurance coverage of the Home or the Community. (d) Tenant shall not make excessive noise or engage in activities which unduly disturb neighbors or other Tenants within the Community. Tenant shall not disturb either the Landlord’s or other Tenant’s right to the use and expenses arising out enjoyment of the property or create a nuisance. (e) Tenant shall not keep in connection or about the Site any pet unless specifically approved in writing by Landlord and registered with the compliance of Community management. Landlord will administer this paragraph in conformance with ▇▇▇▇▇▇’s rights under the Premises with the Americans American’s with Disabilities Act, 42 U.S.C. § 12101, et seq. Fair Housing Act and Wisconsin’s Open Housing Law. (together with regulations promulgated pursuant thereto, the “ADA”), and f) Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to in every respect comply with the ADAordinances of the municipality in which the Site is located and shall obey all lawful orders, rules and regulations of all governmental authorities. Notwithstanding the foregoing, Landlord Tenant shall be responsible for any fines or other charges imposed on the manufactured home community or imposed by any level of government as a result of the Tenant’s actions or inactions. (g) Tenant shall not attach or affix anything to the exterior of the Home or construct any accessory structure on the Site, including any garage, shed, broadcast antennae greater than twelve feet high, satellite dish with a diameter greater than one-meter, solar panel or wind turbine, exterior wood burning furnace or similar heating source, or other device without the prior written consent of Landlord. If Landlord consents, work shall be done in accordance with all liabilitiesapplicable codes and regulations. Tenant shall not make any change to the exterior color of the Home or to any accessory structure on the Site without the prior written consent of Landlord. Tenant acknowledges that most construction requires a building permit. Tenant will obtain all required permits. The Site as described ends at the roof line. The Rental Agreement does not include an easement for light or solar access as this matter is specifically reserved by Landlord. (h) Any accessory building that is not affixed to the ground is considered personal property and Tenant shall remove the accessory building upon removal of the Home unless there is a separate agreement to the contrary. If the accessory building is affixed to the ground, costs it is considered a fixture and expenses arising out shall not be removed and becomes property of or Landlord when Tenant vacates. (i) Tenant shall, within 15 days after the installation of the Home on the Site, install a "skirt" around the full perimeter of the Home which shall be first approved by Landlord. Skirting around the Home shall be properly maintained by Tenant during the entire Rental Agreement term in connection accordance with the compliance standards at the time of original installation. (j) Home shall be installed by a licensed and insured installer to applicable state standards. (k) Except as otherwise stated in this paragraph, Tenant shall not cause or permit any flammable or explosive material, oil, radioactive material or hazardous or toxic waste or substance to be brought upon, used, stored or dumped on the Site or the Community. Tenant shall be responsible for any required repair, clean-up or detoxification of the existing structural portions Site caused by Tenant and tenant improvements shall indemnify Landlord from any liability, claim or expense. Proper use and storage of the Premises as of the date of this Leasegasoline, the “path of travel” into and within the Building (but not within the Premisesgas cans, except as specifically described in this sentence) and the Project’s parking lotsoil, walkways and landscaping areas with the ADAlighter fluid, and Landlord shall indemnifyother flammables, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADALP tanks is required. The provisions of this Section 10.10 foregoing covenant and indemnity shall survive the expiration or earlier termination of this LeaseRental Agreement. (l) Upon the termination of this Rental Agreement, all trees, shrubs and plants placed upon the Site by Tenant and all additions and improvements to the Site by Tenant shall remain upon the Site and shall be the property of Landlord unless there is a separate written agreement to the contrary. (m) The Rental Agreement is predicated upon an agreement between Landlord and Tenant(s) regarding who owns and occupies the home; therefore, Tenant shall not either intentionally or unintentionally alter or change the identity of, or increase or decrease the number of occupant(s) and/or owners of the Home from those who were listed on the initial or any subsequent Rental Agreement. Written approval of Landlord is needed prior to any change in ownership or occupancy of the Home.

Appears in 1 contract

Sources: Residential Rental Agreement

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and Tenant: (a) shall not use the Demised Premises for any unlawful purpose or act; shall not commit waste or damage to the Demised Premises; shall, at Tenant's expense, comply with and obey all federal, state, municipal and other applicable laws, regulations, or permit orders of any governmental authority or suffer agency relating to the operating, managing, insuring, equipping, repairing, replacing and maintaining of the Demised Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. the extent the same are otherwise the obligation of Tenant shall not use or occupy the Premises in violation of Applicable Lawsunder this Lease; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5b) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, reasonable rules and regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant building as promulgated by Landlord; (c) shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that shall which will in any way materially obstruct or interfere with the rights of other tenants or occupants of the Building Landlord or injure them; (d) shall not use or permit the use of the Demised Premises as living quarters, sleeping rooms, or overnight accommodations; (e) shall follow and abide by all historic covenants on the building and ensure compliance with any and all applications and approvals by state or local historic organizations; and (f) shall not do or permit anything to be done which will invalidate any fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises, or increase the premium rates therefor. Tenant shall comply with all reasonable requests of any carrier of the foregoing insurance risks. Landlord shall not be responsible to Tenant for non-performance by any occupant of the Demised Premises of the rules and regulations promulgated by Landlord. Tenant agrees as follows: Tenant shall not engage or cause to engage or condone an activity or activities or performance of activity with respect to lewd or crude behavior including but not limited to profanity, nudity, diverse contests either inside or outside of the Demised Premises or within the property lines including but not limited to advertising, banners, signage, programs, contests, promotional flyers or items, interior or exterior decor, window clings or window signage. All garbage and refuse shall be kept in the size and kind of container specified by Landlord. Tenant shall not burn any trash or garbage in or about Demised Premises. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. Tenant shall not permit or place any obstructions in the outside areas immediately adjoining the Demised Premises including but not limited to the sidewalks in front of and to the side of the Demised Premises or the Project, or injure or unreasonably annoy them, or (b) use or allow parking lot to the side of the Demised Premises. The plumbing facilities in the Demised Premises to shall not be used for immoral or unlawful purposesany purpose other than that for which they are constructed, nor shall Tenant knowingly cause, maintain or permit and no foreign substance of any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant kind shall be responsible for all liabilities, costs introduced therein and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure breakage, stoppage, or damage resulting from a violation of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord this provision shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseborne by Tenant.

Appears in 1 contract

Sources: Lease Agreement

Use. 10.1(a) Tenant shall use the Leased Premises solely for the purpose of general office space. Tenant shall use the Leased Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s the prior written consentconsent of Landlord. In addition, which consent Landlord may withhold Tenant covenants and agrees to operate its approved business in its sole a first-class, reputable and absolute discretionefficient manner, throughout the Term °runs Lease in or on the Leased Premises. 10.2. (b) Tenant shall not use or occupy be entitled to place, at Tenant's sole cost and expense. a sin panel on the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued pylon sign to be constructed for the Building, which pylon sign shall be constructed by Landlord at its sole cost and shallexpense within thirty (30) days following the Commencement Date. The location and appearance of such sign and panel are shown on the attached Exhibit "C". Landlord shall furnish and install building standard graphics including Tenant's name and/or logo on all Building directories and at Tenant's entry door, upon five at Landlord's cost. (5c) days’ The Project will be at all times under the control, management and operation of Landlord: provided. However, nothing in this subparagraph (c) shall create liability on the part of Landlord, if such liability arises out of any obligation undertaken by Tenant under this Lease. Landlord may from time to time (i) alter or redecorate the Project (including any Common Area) or construct additional facilities adjoining or approximate to the Project: (ii) close, temporarily, doors, entryways, public spaces and corridors and interrupt or suspend, temporarily, Building services and facilities in order to perform any redecorating or alteration or in order to prevent the public from acquiring prescriptive rights in any Common Area; (iii) change the name or street address of the Building: and (iv) install, maintain or change a sign or signs on the exterior or interior of the Building. (d) Landlord will use commercially reasonable efforts not to disrupt Tenant's operations in the Leased Premises during the proper exercise of Landlord's rights under Paragraph 6(c) or Paragraph 20 hereof, but it is not required to incur any unreasonable expenses in order to minimize the disruption. Tenant hereby waives all claims for damages. injuries or interference with Tenant's business, loss of occupancy, or quiet enjoyment and for claims under any other laws resulting from the proper exercise by Landlord of any right under Paragraph 6(c) or Paragraph 20 hereof. No proper exercise by Landlord of any right under Paragraph 6(c) or Paragraph 20 hereof constitutes actual or constructive eviction or breach of any expressed or implied covenant for quiet enjoyment. (e) If, at any time during the Term, Tenant vacates, abandons, or ceases its operation at the Lease Premises for more than ninety (90) days (except as a result of casualty or condemnation). Landlord shall provide written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveTenant thereof. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. and if Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord have recommenced its occupancy for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of operation at the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior within thirty (30) days following receipt of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentsuch notice, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant then Landlord shall have the right to install a sign with its name immediately recapture the Leased Premises and corporate logo in such event, the Lease Term shall expire and end on the exterior of date stated in Landlord's notice (the Building"Recapture Notice"), the size, appearance and characteristics of in which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by event neither Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. nor Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause have any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, further liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premiseshereunder, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall for those obligations which expressly survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Building Lease (Deep Down, Inc.)

Use. 10.1. Tenant Sublessee shall use the Premises for general warehouse use and purposes related to the purpose set forth distribution and assembly of computers and for no other purpose, without the prior wirtten consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in Section 2.12, and a first class manner. Sublessee shall not use the PremisesPremises for, or permit or suffer the Premises to be usedcarry on, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection withcarried on, any window offensive, noisy or door of the Premises other than Landlord’s standard window coverings. Neither the interior dangerous trade, business, manufacture or occupation nor exterior of permit any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery auction sale to be installed in the Premises so as to reasonably prevent sounds held or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, conducted on or about the Premises, . Sublessee shall not do or suffer anything to be done upon the Building Premises which will cause structural injury to the premiss or the Project. 10.10building of which the same form a part. Notwithstanding any The Premises shall not be overloaded and no machinery, apparatus or other provision herein to the contrary, Tenant appliance shall be responsible for all liabilitiesused or operated upon the Premises which will in any manner injure, costs and expenses arising out vibrate or shake the Premises or the building of or in connection with the compliance which it is a part. No use shall be made of the Premises with which will in any way impair the Americans with Disabilities Actefficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the first twelve (12) months of the term. After said twelve (12) month period, 42 U.S.C. § 12101Sublessee may vacate the Premises only upon prior written notice to Sublessor, et seqsaid notice to be provided no later than the date which is ninety (90) days prior to the date upon which Sublessee intends to leave the Premises unoccupied or vacant. (together with regulations promulgated pursuant theretoUpon vacating the Premises, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements Sublessee will be obligated to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance other terms of the existing structural portions and tenant improvements Lease, including without limitation, the terms set forth in Paragraph 3 of this Sublease. If Sublessee has vacated the Premises, Sublessor has the option, in its sole discretion, to terminate this Sublease upon thirty (30) days written notice to Sublessee. No musical instrument of any sort, or any noise making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises as or any part thereof for any purpose which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the date Premises by Sublessee shall cause directly or indirectly, any increase of this LeaseSublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out exercise of any failure other rights or remedies, or constitute a waiver of Landlord Sublessor's right to make require Sublessee to discontinue such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration act or earlier termination of this Leaseuse.

Appears in 1 contract

Sources: Sublease Agreement (Allstar Systems Inc)

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the purpose Permitted Use in accordance with applicable Law. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Section 2.12Exhibit C), and shall not other than compliance that is necessitated by the use the Premises, or permit or suffer of the Premises to for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use substantial portion of the Premises that is declared or claimed by for a “call center”, any Governmental Authority having jurisdiction to be a violation of any of the aboveother telemarketing use, or any credit processing use. In addition, 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 in Landlord’s reasonable opinion violates any of the aboveare 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 comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with any direction of any Governmental Authority having jurisdiction that shall, by reason other tenants or Landlord in its management 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. 10.3Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises so as to reasonably prevent sounds any activity, or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. if any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or injure any act or unreasonably annoy themomission by Tenant, or (b) use its agents, employees, representatives, or allow contractors, such statement or threat shall be conclusive evidence that the Premises increase in such rate is due to be used for immoral such act of Tenant or unlawful purposes, nor shall Tenant knowingly cause, maintain the contents or permit any nuisance or waste in, on equipment in or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryand, as a result thereof, Tenant shall be responsible liable for all liabilities, costs such increase and expenses arising out of or in connection shall be considered Additional Rent payable with the compliance next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into and within the Building (but not within the Premisesany dangerous, except as specifically described in this sentence) and the Project’s parking lotsnoxious, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 1 contract

Sources: Office Lease Agreement (Markit Ltd.)

Use. 10.1. 10.1 Tenant shall use the First Floor Premises solely for general office use consistent with a first-class suburban, science park office building and Tenant shall not use or permit the First Floor Premises to be used for any other purpose or purposes whatsoever without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, exercised in good faith. With regard to the Third Floor Premises, Tenant may use the Third Floor Premises for any of those purposes, and only those purposes, allowed by (i) the purpose set forth City of San Diego Scientific Research Zone Ordinance in effect from time to time and as applicable to the Third Floor Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Project, and (iii) all covenants, conditions and restrictions in the Project Documents (defined in the following Section 2.1210.2) or otherwise recorded against the Project, and shall not use the Third Floor Premises, or permit or suffer the Third Floor Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord, which consent may be withheld in Landlord’s sole discretion, exercised in good faith. Landlord acknowledges that Tenant’s activities may withhold include scientific research and development pertaining to pharmaceuticals (including radio-active materials and other regulated substances), corporate and other office space, ancillary manufacturing capabilities, and a vivarium, subject to the terms, conditions and restrictions set forth in Article 33. Tenant may change the use of the Third Floor Premises from time to time as long as such changed use is authorized by this Section 10.1, such use is legally permissible, and Tenant first obtains the written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, exercised in good faith. Tenant shall be responsible, at its sole cost and absolute discretionexpense, for obtaining all operating permits, licenses and governmental approvals necessary for the operation of the uses permitted hereunder (the “Permitted Uses”) from the Premises and for determining that the Premises and Building are suitable for the Permitted Use. Tenant shall deliver copies of all such operating permits, licenses and governmental approvals to Landlord prior to using the Premises for any purpose for which any such permit, license or approval is required and upon any renewal or replacement thereof. 10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, regulations, requirements, permits and approvals applicable to the Premises, and the Project Documents described below. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning any law or regulation. Tenant shall immediately deliver to Landlord copies of all written notices pertaining to any alleged violation of federal, state or local laws, regulations, ordinances; , requirements, permits, approvals or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a alleged violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveProject Documents. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that 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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. This Lease, and any sublease or assignment entered into by Tenant under the provisions of this Lease, shall be subject and subordinate to any of the Project Documents affecting the Property which may be amended or modified from time to time in a manner consistent. with the terms and intent of such Project Documents. The “Project Documents” include the Hazardous Material Documents, as such are defined in Section 33.4, as they may be amended from time to time. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and the Projectconditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Premises. 10.4 Subject to the terms of the Tenant Work Letter attached hereto as Exhibit B, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the Projectregulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall promptlybe exclusively that of Tenant and not of Landlord (subject, upon demandhowever, reimburse Landlord to the terms of Section 1.1 of the Tenant Work Letter), including any duty to make structural or capital improvements (as set forth in Section 7.2 above), alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for any additional premium charged for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17 of this Lease; provided, that Landlord’s consent to such policy by reason alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s failure to responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind Lease shall be placed upon any construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until Landlord or Tenant has received written notice of the doors need for such capital improvements, alterations, repairs or windows by Tenantreplacements from a court of law exercising proper jurisdiction with regard thereto, nor shall or from any changes be made to existing locks or government entity. Notwithstanding the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostforegoing, Tenant shall pay have the right to object to and defend against any such notice from a governmental entity, provided that (a) Tenant has good faith belief that such improvements, alterations, repairs or replacements are unnecessary and not required to comply with ADA and (b) Tenant agrees to indemnify and defend Landlord the cost against and save Landlord harmless from all demands, claims, causes of replacing action and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), relating to Tenant’s objection or of changing the lock or locks opened by defense against any such lost key if Landlord shall deem it necessary to make such changenotice from a governmental entity. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 10.5 No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises which is visible from outside the Building, or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on any part of the exterior of the BuildingBuilding or elsewhere in the Premises, without the sizeprior written consent of Landlord, appearance which consent may be withheld in Landlord’s reasonable discretion. The expense of design, permits, purchase and characteristics installation of which any signs shall be subject to Landlord’s prior written consent. Interior signs on doors the responsibility of Tenant and the directory tablet cost thereof shall be inscribedborne by Tenant. Tenant’s identifying signage shall be provided by Landlord, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalcost, and such signage shall be comparable to that used by Landlord for other similar floors in the Building and shall comply with Landlord’s Building standard signage program. At the termination of the Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, subject to the provisions of Article 28. 10.6 No equipment shall be placed in at a location within the Building other than a location designed to carry the weight load of such the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.9. 10.7 Tenant covenants and agrees that Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Projectuse, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain suffer or permit any nuisance person or waste in, on or about the Premisespersons to use, the Building Premises or the Project. 10.10. Notwithstanding any other provision herein part thereof for any use or purpose contrary to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance provisions of the Premises with the Americans with Disabilities Actrules and regulations set forth in Exhibit D, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseattached hereto.

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant , which consent shall have the right to install a sign with its name and corporate logo on the exterior of the Buildingnot be unreasonably withheld, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentconditioned or delayed. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Notwithstanding the foregoing, Tenant shall be entitled to Tenant’s Pro Rata Share of building signage consistent in quality with that of other tenants, and, subject to (a) Landlord’s prior written approval, which Landlord shall not unreasonably withhold, condition or delay, and (b) the requirements of Applicable Laws. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (CardioVascular BioTherapeutics, Inc.)

Use. 10.1(a) The Site shall be used only for the placement of the Home and for a private residence in the Home for all named Tenants and all named minor dependents of Tenant as set forth on Tenant's application and this Lease. Any person other than listed on the Lease shall be considered a guest. Without the Landlord’s written consent, any guest's stay shall not exceed a total of fourteen days within any twelve month period commencing with the first day of the guest’s presence. If Landlord grants written permission to extend the stay beyond fourteen days, Tenant shall pay to Landlord as additional rent $ 25 per guest per day or part thereof during which each guest resides on the Site. Tenant shall use the Premises be responsible for the purpose set forth in Section 2.12, acts of ▇▇▇▇▇▇'s other occupants and guests. Landlord shall not use the Premises, or permit or suffer the Premises have sole discretion to determine when a stay has exceeded fourteen days. Any person who is a guest and seeks to stay for more than fourteen days must be used, for any other purpose without screened by Landlord using Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionstandard procedures. Any guest who does not pass screening shall remove from the home. 10.2. (b) Tenant shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises Site for any unlawful purpose or any purpose that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any will adversely affect reputation of the aboveLandlord, the Community or its residents. (c) Tenant shall not use or keep in, on, or that in Landlord’s reasonable opinion violates any about the Site anything which would adversely affect insurance coverage of the above. Home or the Community. (d) Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of not make excessive noise or engage in activities which unduly disturb neighbors or other Tenants within 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. 10.3Community. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or by any other insurance policy covering action or inaction, disturb either the Building Landlord’s or other Tenant’s right to the use and enjoyment of the Projectproperty or create a nuisance. (e) Tenant shall not keep in or about the Site any pet unless specifically approved in writing by Landlord and registered with the Community management. ▇▇▇▇▇▇▇▇ will administer this paragraph in conformance of Tenant’s rights under the American’s with Disabilities Act. (f) Tenant shall in every respect comply with the ordinances of the municipality in which the Site is located and with the rules and orders of the Board of Health thereof, and shall comply obey all lawful orders, rules and regulations of all governmental authorities. Tenant shall be responsible for any fines or other charges imposed on the manufactured home community imposed by any level of government as a result of the Tenant’s actions or inactions. (g) Tenant shall not attach or affix anything to the exterior of the Home or construct any accessory structure on the Site, including, without limitation, any garage, shed, broadcast antennae greater than twelve feet high, satellite dish with a diameter greater than one meter, solar panel or wind turbine, exterior wood burning furnace or similar heating source, or other device without the prior written consent of Landlord. Work shall be done in accordance with all rules, orders, regulations applicable codes and requirements regulations. Tenant shall not make any change to the exterior color of the insurers Home or to any accessory structure on the Site without the prior written consent of the Building and the ProjectLandlord. If there is a non-compliance, and upon request of Landlord, Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure remove or make modifications to the Home or accessory structure on the Site to comply with the provisions of this SectionSection 6. Tenant acknowledges that some if not all construction requires a building permit. Tenant will obtain a permit only after written permission from Landlord is obtained. The Site as described ends at the roof line. Lease does not include an easement for light or solar access as this matter is specifically reserved by Landlord. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. (h) Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In within 15 days after the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall installation of the Building. No curtainsHome on the Site, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door install a "skirt" extending for the full perimeter of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of Home which shall be subject to first approved by Landlord’s prior written consent. Interior signs on doors and the directory tablet Home shall be inscribed, painted or affixed for Tenant installed by Landlord at Tenant’s sole cost and expense, and licensed installer to applicable state standards. Skirting around the Home shall be properly maintained by Tenant during the entire Lease term in accordance with the standards at the time of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringoriginal installation. 10.8. Tenant shall cause any office equipment or machinery to be installed (I) Except as otherwise stated in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherthis paragraph, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain cause or permit any nuisance flammable or explosive material, oil, radioactive material or hazardous or toxic waste inor substance to be brought upon, used, stored or dumped on or about the Premises, the Building Site or the Project. 10.10Community. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilitiesany required repair, costs and expenses arising out of clean-up or in connection with the compliance detoxification of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Site caused by Tenant and Tenant shall indemnify, defend and hold harmless indemnify Landlord from and against any lossliability, cost, liability claim or expense (including reasonable attorneys’ fees relating thereto. Proper use and disbursements) arising out storage of any failure of such improvements to comply with the ADA. Notwithstanding the foregoinggasoline, Landlord shall be responsible for all liabilitiesgas cans, costs oil and expenses arising out of lighter fluid or in connection with the compliance of the existing structural portions other flammables and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADALP tanks is required. The provisions of this Section 10.10 foregoing covenant and indemnity shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Manufactured Home Community Lease

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) [***] days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. 12.3 Tenant shall not do or permit to be done anything that will (a) invalidate or (b) increase the cost of (unless ▇▇▇▇▇▇ agrees to pay for the same), any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. 12.4 Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant▇▇▇▇▇▇. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 12.5 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door Building other than those existing as of the Premises other than Landlord’s standard window coveringsdate hereof. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property other than those in existence as of the date hereof shall be placed on any exterior balcony without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 10.7. No sign, advertisement or notice 12.6 Tenant shall be exhibitedentitled to building signage for the Premises, painted or affixed by Tenant on any part of the Premises or inside and outside the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the BuildingProperty (“Signage”), the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole discretion and expense, subject to all Applicable Laws. AJ] existing Signage is hereby approved by Landlord. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and shall be of (b) design, fabricate, install and maintain such Signage in a size, color and type acceptable to Landlordfirst-class condition. The existing directory tablet shall be provided exclusively for the display of the name and location of tenants only. . 12.7 Tenant shall not only place anything on equipment within the exterior of Premises with floor loading consistent with the corridor walls or corridor doors other than Building’s structural design without Landlord’s standard letteringprior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.8. 12.8 Subject to Section 22, Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices buildings in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.9 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Landlord shall use commercially reasonable efforts to apply similar standards on other tenants in the Building or Project for the Projectbenefit of the Tenant. 10.10. 12.10 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord provided that: (a) if ADA compliance requires alteration of the Premises from and against any loss, cost, liability its condition as of the Term Commencement Date due to a change in the ADA or expense the enforcement thereof which takes effect after the Term Commencement Date; (including reasonable attorneys’ fees and disbursementsb) arising out such ADA compliance is not required as the result of any failure Alterations made by Tenant after the Term Commencement Date; and (c) such alteration of such improvements to comply the Premises is considered capital in nature in accordance with the ADA. Notwithstanding the foregoinggenerally accepted accounting principles, then Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Leaseperforming such alterations, the “path of travel” into cost for which shall be considered an Operating Expense and within the Building (but not within the Premises, except as specifically described shall be amortized in this sentence) and the Project’s parking lots, walkways and landscaping areas accordance with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAArticle 9. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Use. 10.1. 10.1 Tenant shall may use the Premises for any use permitted by (i) the purpose set forth in Section 2.12MIB Zone, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the property, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consent, which consent Landlord may withhold in its sole and absolute discretionof Landlord. 10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the above, or that in Landlord’s reasonable opinion violates any of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s '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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises; provided, however, if the costs thereof exceed an amount equal to six (6) monthly installments of the Basic Annual Rent then payable, Tenant may elect to terminate the Lease if Landlord, after notice from Tenant, declines to pay such excess. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, environmental, extended coverage or any other insurance policy covering the Building Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and the Projectconditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, Tenant shall comply with the Americans with Disabilities Act of 1990 ("ADA"), and the Projectregulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall promptlybe exclusively that of Tenant and not of Landlord, upon demandincluding any duty to make structural or capital improvements, reimburse Landlord alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for any additional premium charged for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord's consent to such policy by reason alterations shall not constitute either Landlord's assumption, in whole or in part, of Tenant’s failure to 's responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this SectionLease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Furthermore, Landlord shall be responsible for compliance with ADA to the extent of a violation of Landlord's warranty in Section 14.3. 10.410.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord. Tenant shall keep acknowledged that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all doors opening onto public corridors closedof the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, except when in use for ingress and egress. 10.5. No additional locks is not relying on any representations or bolts warranty of Landlord regarding the number, size or location of any kind signage. The expense of design, permits, purchase and installation of any signs shall be placed upon any the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the doors or windows Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, nor shall any changes be made subject to existing locks or the mechanisms thereof without provisions of Article 36. Any relocation of Tenant's signage required by Landlord’s prior written consent. Tenant shall, upon termination 's division of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections Project into more than one lot shall be attached to any outside wall with the consent of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Tenant and at Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written 's consent. 10.7. 10.6 No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in at a location within the Building other than a location designed to carry the weight load of such the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.9. 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Cytel Corp/De)

Use. 10.1Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied for Tenant’s Permitted Use and for no other purposes. Tenant shall use occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and will not create a nuisance or constitute a Prohibited Use, pursuant to the terms and conditions of this Lease. Tenant shall maintain a ratio of not more than one (1) occupant for each one hundred twenty-five (125) rsf of area within the Premises prior to the Rent Commencement Date for the purpose set forth in Section 2.12, Phase 4 Premises and shall not use the Premises, or permit or suffer more than one (1) occupant for each one hundred sixty-five (165) rsf of area within the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2thereafter. Tenant shall not conduct any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, use any apparatus or occupy machine which makes undue noise or causes undue vibration in any portion of the Building or otherwise materially interfere with, annoy or disturb any other Tenant in its normal business operations or Landlord in its management of the Building. Tenant shall perform no core drilling without Landlord’s consent (which consent may be withheld in Landlord’s sole discretion). Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the reasonable opinion of Landlord, be hazardous on account of fire or which would in any way increase or render void the fire insurance on the Building. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s particular business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at all times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be used or occupied in violation of Applicable Laws; zoning ordinances; (i) the Certificate of Occupancy for the Leased Premises or the certificate of occupancy issued for the Building, and shall, upon five (5ii) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices (iii) zoning ordinances, and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost rules and regulations of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of governmental and quasi-governmental authorities having jurisdiction over the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (biv) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projecta Prohibited Use. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Roblox Corp)

Use. 10.1. Tenant shall use the Demised Premises for the no unlawful purpose set forth in Section 2.12, and or act; shall not use the Premises, commit or permit no waste or suffer damage to the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable LawsDemised Premises; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction and obey all laws, regulations, or orders of any Governmental Authority having jurisdiction that shallgovernmental authority or agency, and all rules and regulations for the Shopping Center promulgated by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect from time to the Premises or with respect to the use or occupation thereof. 10.3. Tenant time; shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that shall which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Shopping Center or injure or unreasonably annoy them; and shall not do or permit anything to be done which will invalidate the fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises and/or the Shopping Center, or increase the premium rates therefore. Tenant shall comply with all requests of any carrier of the foregoing insurance risks. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Shopping Center of any of the Shopping Center rules and regulations promulgated by Landlord pursuant to Section 17.14, but agrees to take reasonable measures to assure such other tenants' performance. Tenant Agrees as follows: (a) All loading and unloading, deliveries, and shipping of goods shall be done at such times, in the areas, and through the entrances as designated by Landlord. (b) use There shall be no overnight parking in the Shopping Center. (c) No Aerial, Loudspeaker, or allow sound amplifier shall be erected on the roof or exterior walls of the Demised Premises, or on any other areas of the Shopping Center without the prior written consent of the Landlord. (d) No loudspeakers, televisions, phonographs, jukeboxes, radios or other devices shall be used in a manner so as to be heard other than by persons who are within the Demised Premises, without the prior written consent of the Landlord. (e) No activity shall take place on the Demised Premises which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. (f) Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. (g) The outside areas immediately adjoining the Demised Premises, including but not limited to the sidewalks in front of and in back of the Demised Premises, shall be kept clean and free from snow, ice, dirt, and rubbish by Tenant to the satisfaction of Landlord. (h) Tenant shall not permit or place any obstructions or merchandise outside of the Demised Premises. (i) The plumbing facilities in the Demised Premises shall not be used for immoral any purpose other than that for which they are constructed, and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage, or unlawful purposes, nor damage resulting from a violation of this provision shall be borne by Tenant. (j) Tenant knowingly causeshall keep all windows of the Demised Premises clean. (k) Tenant shall not keep, maintain or permit allow to be kept or maintained on the Demised Premises any nuisance vending or waste ingaming machinery without written consent of the Landlord except such machinery as is a necessary part of Tenant's business as referred to in 5.01 above; provided, on or about the Premiseshowever, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, that Tenant shall be responsible for all liabilities, costs allowed to install and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements maintain vending machines to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord provide food service to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseits employees.

Appears in 1 contract

Sources: Lease Agreement (Ameritrade Holding Corp)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided provided, however, that Tenant Landlord shall have the right not unreasonably withhold its consent to install a sign with its name and corporate logo any Signage on the exterior of the Building, the size, appearance and characteristics of which 4545 Building that complies with Applicable Laws. Signage shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the 4535 Premises and the 4545 Premises and the directory tablet in the 4535 Building and the 4545 Building shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without At Landlord’s prior written approvaloption, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Landlord may install any Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Signage, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense pay all costs associated with such installation within thirty (including reasonable attorneys’ fees and disbursements30) arising out of any failure of such improvements to comply days after demand therefor. 12.8. Tenant may only place equipment within the Premises with floor loading consistent with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing Building’s structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Projectdesign unless Tenant obtains Landlord’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.prior written

Appears in 1 contract

Sources: Lease (Ignyta, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s '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. 10.312.3. Tenant shall not do or permit to be done anything that will (a) invalidate or (b) increase the cost of (unless Tenant agrees to pay for the same), any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent12.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.5. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door Building other than those existing as of the Premises other than Landlord’s standard window coveringsdate hereof. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s 's prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property other than those in existence as of the date hereof shall be placed on any exterior balcony without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 10.712.6. No sign, advertisement or notice Tenant shall be exhibitedentitled to building signage for the Premises, painted or affixed by Tenant on any part of the Premises or inside and outside the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the BuildingProperty ("Signage"), the sizeat Tenant's sole discretion and expense, appearance and characteristics of which shall be subject to all Applicable Laws. All existing Signage is hereby approved by Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribedFor any Signage, painted or affixed for Tenant by Landlord shall, at Tenant’s sole 's own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and shall be of (b) design, fabricate, install and maintain such Signage in a size, color and type acceptable to Landlordfirst-class condition. The existing directory tablet shall be provided exclusively for the display of the name and location of tenants only. 12.7. Tenant shall not only place anything on equipment within the exterior Premises with floor loading consistent with the Building's structural design without Landlord's prior written approval, and such equipment shall be placed in a location designed to carry the weight of the corridor walls or corridor doors other than Landlord’s standard letteringsuch equipment. 10.812.8. Subject to Section 22, Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices buildings in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, Project or (d) take any other action that would in Landlord's reasonable determination in any manner adversely affect other tenants' quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Landlord shall use commercially reasonable efforts to apply similar standards on other tenants in the Building or Project for the Projectbenefit of the Tenant. 10.1012.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the "ADA"), and Tenant shall indemnify, defend and hold harmless Landlord provided that: (a) if ADA compliance requires alteration of the Premises from and against any loss, cost, liability its condition as of the Term Commencement Date due to a change in the ADA or expense the enforcement thereof which takes effect after the Term Commencement Date; (including reasonable attorneys’ fees and disbursementsb) arising out such ADA compliance is not required as the result of any failure Alterations made by Tenant after the Term Commencement Date; and (c) such alteration of such improvements to comply the Premises is considered capital in nature in accordance with the ADA. Notwithstanding the foregoinggenerally accepted accounting principles, then Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Leaseperforming such alterations, the “path of travel” into cost for which shall be considered an Operating Expense and within the Building (but not within the Premises, except as specifically described shall be amortized in this sentence) and the Project’s parking lots, walkways and landscaping areas accordance with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAArticle 9. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Use. 10.1. 10.1 Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.9 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold be withheld in its sole and absolute discretionLandlord's reasonable discretion consistent with the then existing use of the Building. 10.2. 10.2 Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesaid certificate of occupancy, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's particular use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation occupancy thereof. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Project without Landlord's prior written consent, which may be withheld in Landlord's sole discretion (unless Tenant pays the Projectcost of any such increase), and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section. 10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 10.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms thereof without Landlord’s prior written consentmechanism thereof. Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 10.6 No awnings or other projections projection shall be attached to any outside wall of the Buildingbuilding. No curtains, blinds, shades or screens shall be attached to or hung in, or used use in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s prior written consent. 10.7. 10.7 No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the expense of Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and 13 location of tenants only. Tenant shall not place anything Nothing may be placed on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering. 10.8. 10.8 Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas as defined in Section 1.1, or other offices or premises in the Building. Further, Tenant shall not place any no equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approved by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment. 10.9. 10.9 Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that which shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for immoral immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Expansion Lease (Senomyx Inc)

Use. 10.1(a) It is understood, and Tenant so agrees, that the Premises during the Term of this Lease shall be used and occupied by Tenant only for the purposes specified as the use thereof in Section 1.1(i) of this Lease, and for no other purpose or purposes. Further, Tenant’s operation for business in the Premises shall comply with all laws, rules and regulations applicable thereto. Tenant shall have access to the Premises 24 hours per day, 7 days per week. Tenant and Tenant’s employees and invitees shall have the right to use the Premises for common areas of the purpose set forth in Section 2.12Property at all times during the Term, as it may be extended, subject to reasonable rules and regulations enacted by Landlord from time to time of which Tenant has received notice. (b) Notwithstanding any other provision of this Lease, Tenant shall not use the Premises, Premises or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue or any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the abovepart thereof, or that in Landlord’s reasonable opinion violates any of suffer or permit the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install or any part thereof (i) in a sign with its name and corporate logo on the exterior manner which would violate any of the Buildingcovenants, agreements, terms, provisions and conditions of this Lease; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the size, appearance reasonable judgment of Landlord (taking into account the use of the Building as a research and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors development building and the directory tablet increased service requirements for research and development space) shall be inscribed(a) impair, painted interfere with or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be otherwise diminish the quality of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display any of the name Building services or the proper and location economic heating, cleaning, ventilating, air conditioning or other servicing of tenants only. the Building or Premises, or the use or occupancy of any of the common areas; (b) occasion impairment, interference or injury in any material respect (and Tenant shall not place anything on install or use any electrical or other equipment of any kind (including, without limitation, Tenant’s Rooftop Equipment), which, in the exterior reasonable judgment of Landlord, will cause any such impairment, interference, or injury), or cause any injury or damage to any occupants of the corridor walls Premises or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, their property; or (bc) use cause harmful air emissions, laboratory odors, vibration or allow noises or any unusual or other objectionable odors, vibrations, noises or emissions to emanate from the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain otherwise unreasonably disturb other tenants; or permit any nuisance or waste in, on or about (iv) in a manner which is materially inconsistent with the Premises, operation and/or maintenance of the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs as a first-class research and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAdevelopment building. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements agrees that Tenant’s use of the Premises for the Permitted Use (which shall include the use of Generator as approved by Landlord), as opposed to the particular manner of Tenant’s use of the date Premises, shall not, in and of itself, be deemed to breach the provisions of this LeaseSection 11.1. (c) Tenant may conduct animal research within the Premises using (i) any animal tissue, (ii) any small dead animal, and (iii) any live small animals such as zebra fish, laboratory mice, laboratory rats, or such other live animals as may be approved in writing by Landlord in advance (which approval may be withheld in the sole and absolute discretion of Landlord with respect to large live animals, and may not be unreasonably withheld, delayed, or conditioned with respect to small live animals) (collectively, the “path Permitted Animals”). Tenant shall be responsible, at its sole expense, for the operations of travel” into its vivarium in accordance with all Legal Requirements and within with good industry practices and subject to the Building following: (but not within i) all testing and research shall be conducted in strict compliance with all applicable Legal Requirements and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at the Premisessole cost and expense of Tenant, except as specifically described in this sentencestrict compliance with all applicable Legal Requirements and with good scientific and medical practice; and (iii) no odors, noises or any similar nuisance above background levels shall be permitted to emanate from any vivarium. Tenant shall procure and deliver to Landlord copies of all permits and approvals necessary for the Project’s parking lots, walkways use and landscaping areas with the ADAoperation of its vivarium, and Landlord shall maintain such permits and approvals in full force and effect at all times during the Term. Tenant shall indemnify, save harmless and defend and hold harmless Tenant Landlord from and against any lossall liability, costclaim, liability damage, loss or expense cost (including reasonable attorneys’ fees and disbursementsfees) arising out of or relating to the use and operation of any failure vivarium within the Premises. No animals, animal waste, food or supplies relating to the Permitted Animals maintained from time to time in the Premises shall be transported within the Building except as herein provided. Deliveries of animals or animal food or supplies to Tenant at the Building or by Tenant within the Building may be made at any time, except that at all times that animals are transported within the Common Areas, they shall be transported in an appropriate cage or other container, and, provided that Landlord provides a reasonable alternate pathway to make such aspects the Premises through the Building and provides access to the freight elevator therefor, at no time shall any animals, animal waste, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Project comply with Building or be transported within the ADA. The provisions of this Section 10.10 shall survive Building in elevators other than the expiration or earlier termination of this Leasefreight elevator.

Appears in 1 contract

Sources: Lease Agreement (Keros Therapeutics, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.8 (the “Permitted Use”), and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five ten (510) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle; provided, however, that no action of Tenant that increases the cost of any insurance shall constitute a Default so long as Tenant pays such increased cost. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall reasonably deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right , not to install a sign with its name and corporate logo on the exterior of the Buildingbe unreasonably withheld, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentconditioned or delayed. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall be entitled to Tenant’s Pro Rata Share of the maximum Building façade Signage permitted by Applicable Laws, the cost of which shall be at Tenant’s sole expense (which expense shall be included in the Costs (as defined in the Work Letter)). The design and placement of Tenant’s Building façade Signage shall be reviewed and approved by Landlord and Tenant as part of Landlord’s Work Plans and shall, if approved, be made part of the Approved Plans as defined in the Work Letter. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five one hundred (500100) pounds or greater per square foot of equipment footprint within the Premises Premises, other than on the ground floor thereto, without Landlord’s prior written approvalapproval (which approval shall not be unreasonably withheld, conditioned or delayed), and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Landlord shall correct, repair or replace any non-compliance of the Building exterior, the Tenant Improvements and the Common Area with all applicable building permits and codes in effect as of the Term Commencement Date, including, without limitation, the provisions of Title III of the Americans With Disabilities Act (“ADA”) in effect as of the Term Commencement Date. Said costs of compliance shall be at Landlord’s sole cost and shall not be part of Operating Expenses, but shall constitute Costs (as defined in the Work Letter) to the extent that such costs are part of the Approved Budget (as defined in the Work Letter) for the Tenant Improvements, as the Approved Budget may be amended pursuant to the Work Letter. Landlord shall correct, repair or replace any non-compliance of the Building exterior and the Common Area with any revisions or amendments to the ADA that become effective after the Term Commencement Date, provided that the cost of such repairs or replacements (amortized over the useful life thereof in accordance with GAAP, but in no event longer than ten (10) years) shall be included as Operating Expenses payable by Tenant. Tenant shall be responsible responsible, at its sole cost and expense, for all liabilitiesother ADA compliance for the Premises, costs and expenses arising out of or including, without limitation, in connection with the compliance Tenant’s construction of any alterations or other improvements in the Premises with and the Americans with Disabilities Actoperation of Tenant’s business and employment practices in the Premises. The repairs, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, corrections or replacements required of Landlord or of Tenant under the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out foregoing provisions of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord this Section 10.10 shall be responsible for all liabilities, costs and expenses arising out made promptly following notice of or in connection with the non-compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAGovernmental Authority. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease with respect to any obligation accrued under this Section 10.10 before the date of expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Sonus Pharmaceuticals Inc)

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.10 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold be withheld in its Landlord's sole and absolute discretion. 10.2. Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ days written notice from Lease Aid Association for Lutherans and Trega Biosciences, Inc. September 24, 1997 Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesaid certificate of occupancy, or that which in Landlord’s the reasonable opinion of Landlord violates any law, regulation or zoning ordinance or the certificate of occupancy; provided, however, that Tenant shall have the aboveright, in good faith, to contest such alleged violation. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Project and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, upon demand, promptly within thirty (30) days of receipt of demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Sectionsection. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use used for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord which consent shall not be unreasonably withheld. Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections projection shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s prior written consent. 10.7. Tenant will have the exclusive right to display it's signs on the Building subject to Landlord's prior written approval, (which approval shall not be unreasonably Lease Aid Association for Lutherans and Trega Biosciences, Inc. September 24, 1997 withheld or delayed), and subject to all restrictions and requirements of applicable law and of any covenants, conditions and restrictions or other written agreements now or hereinafter applicable to the Project. No other sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any No equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approval by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that Demised Premises, Building or Project which use shall in any way obstruct be for an immoral, unlawful or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses expense arising out of or in connection with the compliance of the Premises Demised Premises, Building or Project with the Americans with With Disabilities Act, 42 U.S.C. § Sec. 12101, et seq. (together with regulations promulgated pursuant thereto, the “"ADA”), ") and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ attorneys fees and disbursements) arising out of any failure of such improvements the Demised Premises, Building or Project to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Lion Bioscience Ag)

Use. 10.1. a. Tenant shall covenants with Landlord not to use the Premises for any purpose other than general office use for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2conduct of Tenant's business. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any other purpose without the prior written consent of Landlord. Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county, and municipal authorities, now in force or unlawful purposeswhich may hereafter be in force, nor which shall impose any duty upon Landlord or Tenant knowingly causewith respect to the condition, maintain maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business therein, including, without limitation, the Americans with Disabilities Act of 1990, as amended (the "ADA"), and all regulations promulgated thereunder, all Environmental Laws (hereinafter defined), and all applicable zoning and recycling laws and regulations (all of the foregoing collectively referred to herein as the "Legal Requirements"). Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with Legal Requirements, including without limitation, the ADA. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or waste inunreasonable disturbances to other tenants of the Building or for any disorderly, on unlawful or about hazardous purpose. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any Legal Requirements or the regulations or directives of Landlord's insurance carriers, or in any manner which interferes with the quiet enjoyment of any other tenant of the Building. Tenant will not install or operate in the Premises any electrical or other equipment, other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as may be occasioned by the operation of said equipment or machinery. b. Tenant agrees to maintain the Premises, and any Alterations (hereinafter defined) therein, in good order, repair and condition during the Term at Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and except for ordinary wear and tear. Landlord shall have no obligation to Tenant to make any repairs in or to the Premises. Any and all damage or injury to the Premises, the Building or the Project. 10.10. Notwithstanding Land caused by Tenant, or by any other provision herein to the contraryemployee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be responsible promptly reported to Landlord and repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all liabilities, costs and expenses arising out incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlord's notice of or in connection with such costs. c. Tenant shall not place a load upon the compliance floor of the Premises with exceeding the Americans with Disabilities Actdesignated floor load capacity of the Building without Landlord's prior written consent. Business machines, 42 U.S.C. § 12101mechanical equipment and materials belonging to Tenant which cause vibration, et seq. (together with regulations promulgated pursuant theretonoise, cold, heat or fumes that may be transmitted to the “ADA”), and Tenant shall indemnify, defend and hold harmless Building or to any other leased space therein to such a degree as to be objectionable to Landlord from and against or to any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with other tenant in the ADA. Notwithstanding the foregoing, Landlord Building shall be responsible for all liabilitiesplaced, costs maintained, isolated, stored and/or vented by Tenant at its sole expense so as to absorb and expenses arising out of prevent such vibration, noise, cold, heat or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefumes.

Appears in 1 contract

Sources: Office Lease (KBS Real Estate Investment Trust III, Inc.)

Use. 10.1Tenants shall not run any businesses or perform commercial or agricultural activities on the premises. Tenant Tenants shall use not host any parties or gathering at the Premises for (defined as 10 people or more) that disturb the purpose set forth in Section 2.12, peace and quiet of neighbors. Tenants shall not use have kegs of beer or illegal substances on the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2property. Tenant shall not use or occupy smoke any substance inside the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the abovepremises. Tenant shall comply with any direction refrain from excessive noise at all times. Consumption of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy alcohol is not permitted outside of the Premises, impose any duty upon Tenant . No signs or Landlord with respect notices are to be placed in windows or on the Premises or with respect to the use or occupation thereof. 10.3building grounds. Tenant is responsible for, shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Projectliable for, and shall comply with all rules, orders, regulations indemnify and requirements defend the Landlord and owners of the insurers Premise against any claim arising from Tenant’s own actions, as well as the actions of its invitees or guests while on the Premises. Any illegal activities such as providing a place for minors to consume alcohol shall be grounds for termination of the Building and Lease. Tenants shall not allow any persons to be on the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts roofs of any kind structure on the premises. Tenants shall be placed upon not have any of items outdoors around the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises property other than Landlord’s standard window coveringsitems designed and sold as lawn or patio furniture. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises Fire egresses are to be used only for immoral or unlawful emergency purposes. Tenant Initials: ____________________ Utilities & Services Provided by the Landlord. Utilities shall be paid by the parties as follows: Paid by Landlord Paid by ▇▇▇▇▇▇ DESCRIPTION Electricity __ _ __ Up to $ ______ for the term of the lease. Heating Fuel __X_ _____ Up to $ _______ for the term of the lease Sewer / Water __X_ ______ Up to $ _______ per quarterly bill Hot Water ___ _____ Electric oil propane natural gas Plow & Mow __X_ __ ___ Tenant responsible for walkways, nor shall stairs, egress Cable/Internet ___ __X___ No Dish Satelites on the property. Tenants agree and are required to keep the temperature between 65 and 72 degrees and keep the windows closed between November 1st and April 1st. Landlord may enter the Premises immediately and without notice to close windows left open during this time. Tenants agree to keep items 8” away from heat sources – baseboard, air vents, etc. Tenant knowingly cause, is liable for any damage caused by failure to maintain or permit any nuisance or waste in, on or about proper temperature and utility service to the Premises, . Tenants may not change the Building or shower heads as energy efficient ones have been installed. Tenants must call the ProjectElectric Company at 207-973-2020 and have the account set up for the move in date. Tenants must keep the electricity turned on at all times during their lease. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Residential Lease

Use. 10.1(a) The Premises shall be utilized for the purpose of receiving and unloading seafood products and indicated uses, and use of any building on the premises for office space connected with such activities, and use of a designated freezer space. Tenant may not use the Premises or permit the Premises to be used for any other purpose. (b) Tenant shall ensure that all activities being engaged in by Tenant and/or Tenant’s employees, licensees, subtenants, visitors, patrons, guests or invitees shall be conducted free from negligence in a reasonably careful manner to prevent harm to oneself or to others. (c) Tenant shall at all times keep the Premises (including the interior and exterior business front surfaces) and walking surfaces on the Dock in a clean, safe, sanitary, and orderly condition. Tenant shall have the duty to repair any defective or dangerous walking surfaces fronting on the Premises. At its sole expense, Tenant shall replace any cracked or broken glass on the Premises with glass equal in quality and similar in kind to that originally installed on the Premises. Whenever a Tenant is actively loading and/or unloading vessels Tenant shall have a two cubic yard dumpster to receive its waste. The dumpster shall be emptied at least once per week. (d) Tenant shall comply with all statutes, ordinances, resolutions, policies, directives of the Harbor Commissioners, laws, regulations and general plans now in effect and hereafter promulgated by any agency having jurisdiction over the Harbor District and/or the Premises and the activities thereon. If any license (including, but not limited to, Commercial Fish Business License, Fish Receiving License, Fisherman’s Retail License, Fish Processor’s License, Fish Wholesaler’s License or Fish Importer’s License, Coast Guard Certificate of Adequacy for Reception Facilities), permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion of the Premises, Tenant shall procure and maintain it throughout the term of this lease. The judgment of any court of competent jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this lease by Landlord. (e) Tenant and Tenant’s guests and invitees shall use the Premises for premises and common areas of Citizens Dock so as not to block or interfere with access or use by the purpose set forth public and other tenants of the Dock. Tenant shall comply with the reasonable directives of Landlord regarding use of the common areas of Citizens Dock. (f) Tenant and its employees shall park only in Section 2.12those areas that are designated by Landlord as parking areas. (g) Notwithstanding the foregoing, Tenant shall not use and shall not use the Premises, or permit or suffer the Premises or any portion of the Premises or the hoist to be used, improved, developed, used, or occupied in any manner or for any other purpose without that which will in any way conflict with any law, statute, ordinance, resolution, policy or governmental rule or regulation (including but not limited to the Crescent City Harbor District and Coastal Commission regulations), now in force or which may hereafter be enacted or promulgated. Tenant agrees not to allow any fuel, toxic materials, or any fumes, waste, or matters that could damage Landlord’s prior written consentproperty, which consent Landlord may withhold in its sole and absolute discretion. 10.2public waters or the environment to be released or spilled into the environment. Tenant shall not use commit, or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction allow to be a violation of committed any of waste upon the abovepremises or any nuisance thereon. (h) Landlord shall have the right from time to time to adopt, amend, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect supplement rules and regulations relating to the Premises and the Common Areas. Landlord shall notify Tenant in writing of the adoption of, and any amendment or with respect modification made to the use or occupation thereofrules and regulations. Rules and regulations shall apply uniformly to all tenants. ▇▇▇▇▇▇ agrees to comply with all such rules and regulations; a failure by Tenant to so comply shall constitute a breach under this Lease. 10.3. (i) Tenant shall not do or permit anything to be done anything in or about the Premises that will invalidate in any way obstruct or interfere with the rights of Landlord’s other tenants or injure or annoy them or use or allow the Premises to be used for any improper, unlawful, or objectionable purpose. (j) Tenant shall surrender the Premises in good order and condition (reasonable wear and tear excepted). (k) In the event that ▇▇▇▇▇▇’s actions trigger the need for structural changes based upon the applicability or enforcement of governmental regulations (e.g. the Americans with Disabilities Act) Tenant shall either vacate the premises prior to the need for the structural changes or be solely responsible for the payment of all expenses related to the structural improvement. (l) Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in any way increase the cost existing rate of or affect any fire or other insurance on the Premises, any of its contents, or other harbor businesses or cause a cancellation of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and policy. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for any such policy by reason of due to Tenant’s failure to comply with the provisions of this Sectionsection. 10.4. Tenant shall keep (m) Sleeping and all doors opening onto public corridors closed, except when in other residential type of use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed is prohibited upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringcommon areas. 10.8. (n) Tenant shall cause any office equipment or machinery to be installed in may not use the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasepurpose.

Appears in 1 contract

Sources: Lease Agreement

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall be prohibited from using the Premises or any portion of the Property for the sale, distribution or production of marijuana. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall take such further actions and execute such further documents in connection with this Lease as are necessary to comply with Applicable Laws relating to privacy, personal information and data security. Tenant acknowledges that Landlord may collect certain personal information (e.g., names, email addresses and contact information) of Tenant’s and its affiliates’ employees (and, if applicable, subcontractors and consultants), and use such information in connection with performing Landlord’s duties and obligations, and exercising its rights under this Lease. Tenant shall not retain, use or disclose any personal information received from Landlord pursuant to this Lease for any purpose other than to perform its duties and obligations, and exercise its rights under this Lease or as required by Applicable Law. In the event of a conflict between this Section and Article 38, this Section shall govern. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease (Pyxis Oncology, Inc.)

Use. 10.1. 7.1 Tenant shall use the Premises for the purpose set forth in Section 2.12, general office purposes and purposes incident thereto and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consentconsent of Landlord, which consent Landlord may withhold be granted or withheld in its Landlord's sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any recorded covenants, conditions and restrictions affecting the Site or of any law or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, shall upon five (5) days' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Subject to the provision of Paragraph 54.2, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the above, Building. Tenant shall not interfere with radio or that television broadcasting or reception from or in Landlord’s reasonable opinion violates any of the aboveBuilding or elsewhere. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's specific use or occupancy 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. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or 22 40 increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, within twenty (20) days after receipt of demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 7. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, . Tenant shall not commit or suffer to be committed any waste in or upon 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 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 Project. 10.10. Notwithstanding Building structure or to any other provision herein space in the Building shall be so installed, maintained and used by Tenant as to the contrary, eliminate such vibration or noise. Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with structural engineering required to accommodate the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqstructural load. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnifyfasten all files, defend bookcases and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out like furnishings to walls in a manner to prevent tipping over in the event of any failure of such improvements to comply with the ADAearth movements. Notwithstanding the foregoing, Landlord shall not be responsible for all liabilities, costs and expenses arising out of any damage or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make for such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseevents.

Appears in 1 contract

Sources: Sublease (Organic Inc)

Use. 10.1. a. Tenant shall covenants with the Landlord not to use the Premises for any purpose other than general office use for the purpose set forth in Section 2.12, and conduct of the Tenant’s business. Tenant shall not use the Premises, Premises or permit or suffer allow the Premises to be used, used for any other purpose without Landlord’s the prior written consentconsent of the Landlord. Tenant, at Tenant’s expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which consent shall impose any duty upon Landlord may withhold in or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant’s business therein, including, without limitation, the Americans With Disabilities Act, as amended and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its sole agents, officers, directors and absolute discretion. 10.2employees from and against any cost, damage, claim, liability and expense (including attorneys’ fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Tenant shall not use or occupy permit the Premises or any part thereof to be used in violation any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of Applicable Laws; zoning ordinances; the Building or the certificate of occupancy issued for the Buildingany disorderly, unlawful or hazardous purpose and shallwill not store or maintain therein any hazardous, upon five (5) days’ written notice from Landlordtoxic or highly combustible items other than usual and customary office supplies intended for Tenant’s use and in such event, discontinue any only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant’s use of the Premises that without the prior written approval of Landlord. b. Tenant shall not put the Premises to any use, the effect of which use is declared or claimed by any Governmental Authority having jurisdiction reasonably likely to be a violation cause cancellation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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 insurance covering the Premises or with respect to the use Building, or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or an increase in the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged rates for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenantinsurance. In the event that Tenant performs or commits any key so furnished act, the effect of which is to Tenant is lostraise the premium rates for such insurance, Tenant shall pay to Landlord the cost amount of replacing the same additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of changing any regulation of any governmental body or the lock regulations or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings directives of Landlord’s insurance carriers, or in any manner which interferes with the quiet enjoyment of any other projections shall be attached to any outside wall tenant of the Building. No curtainsTenant will not install or operate in the Premises any electrical or other equipment, blindsother than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), shades without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or screens additions to any base building system, as may be occasioned by the operation of said equipment or machinery. All voice, data, video, audio, and other low-voltage control transport system cabling and/or cable bundles installed in the Building shall be attached to (a) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (b) labeled every 3 meters with the Tenant’s name and origination and destination points; (c) installed in accordance with all EIA/TIA standards and the National Electric Code; (d) installed and routed in accordance with a routing plan showing “as built” or hung in“as installed” configurations of cable pathways, or used in connection withoutlet identification numbers, any window or door locations of the Premises all wall, ceiling and floor penetrations, riser cable routing and conduit routing if applicable, and such other than Landlord’s standard window coveringsinformation as Landlord may request. Neither the interior nor exterior of any windows The routing plan shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on available to Landlord and its agents at the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentBuilding upon request. 10.7. No signc. Tenant agrees to maintain the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribedTenant Improvements and other Alterations (hereinafter defined) therein, painted or affixed for Tenant by Landlord in good order, repair and condition during the Term at Tenant’s sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant’s personal property) in good order, repair and condition, as the same shall be of a sizeat the Commencement Date, color except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and type acceptable except for ordinary wear and tear. Landlord shall have no obligation to LandlordTenant to make any repairs in or to the Premises, the Tenant Improvements or any Alterations. The directory tablet shall be provided exclusively for the display of the name Any and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls all damage or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery injury to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into (including, but not limited to, the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the PremisesImprovements), the Building or the Project. 10.10. Notwithstanding Land caused by Tenant, or by any other provision herein to the contraryemployee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be responsible promptly reported to Landlord and repaired by Tenant at Tenant’s sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all liabilities, costs and expenses arising out incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlord’s notice of or in connection with such costs. d. Tenant shall not place a load upon the compliance floor of the Premises with exceeding the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out designated floor load capacity of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.e.

Appears in 1 contract

Sources: Deed of Lease (Iceweb Inc)

Use. 10.1. Tenant shall shall, during the term of this Lease, use the Premises only for the purpose set forth in Section 2.12Permitted Uses and from time to time, procure and shall not maintain all licenses and permits necessary therefor and for any other use or activity conducted at the Premises, at Tenant’s sole expense. Nothing contained in the definition of “Permitted Use” shall prohibit, restrict or permit or suffer limit the Premises to be usedaccess, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole use and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of temporary occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises by a government, local, state or federal agency as required by such agency in connection with the ordinary course of Tenant’s business. L▇▇▇▇▇▇▇ and Tenant shall, from time to time, provide to the other the name and contact information for a representative of such party with whom issues relating to sustainability and energy use may be communicated. Such issues may include, but not be limited to, retrofitting projects, building issues, energy efficiency upgrades and data access. Tenant acknowledges that this Lease is declared or claimed by any Governmental Authority having jurisdiction subject to be a violation that certain Notice of any Activity and Use Limitation dated September 12, 2019, and recorded with the Middlesex (Southern District) Registry of Deeds at Book 73303, Page 185, and the aboveMobility Management Plan, or that in Landlord’s reasonable opinion violates any of the above. and Tenant shall comply with any direction of any Governmental Authority having jurisdiction the terms and requirements thereof. In addition, Tenant acknowledges that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect this Lease is subject to the Premises Mobility Management Plan (“MMP”) for the Property that was issued by the City of Somerville on May 20, 2021, a copy of which is attached hereto as Exhibit H, as the same may be amended, modified or with respect supplemented from time to the use or occupation thereof. 10.3time. Tenant shall not do or permit to be done anything acknowledges that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall comply with the tenant requirements in the MMP including, without limitation, the preparation and shall be submission to the City of Somerville of a size, color Mobility Management Plan for Tenant’s employees and type acceptable the designation of a liaison to Landlordwork with employees as a transportation coordinator. The directory tablet shall be provided exclusively Additional requirements may include (i) offering employees the right to contract for the display parking spaces to which Landlord is entitled as further set forth in Section 5.5 below, (ii) subsidizing mass transit monthly passes for employees, (iii) allowing employees to use pre-tax funds for Commuter Choice programs, (iv) offering an emergency ride home program, and (v) encouraging employees to make use of the name alternate modes of transportation. Tenant, at its sole cost and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than expense and at Landlord’s standard lettering. 10.8. Tenant request, shall cause any office equipment or machinery to be installed also comply with the reporting requirements set forth in the Premises so as MMP that are applicable to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices tenants in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) the Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease Agreement (Synlogic, Inc.)

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.9 (the “Permitted Use”) and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold in its sole and absolute discretionshall not be unreasonably withheld or delayed. 10.2. Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or the certificate of occupancy issued for the BuildingDemised Premises, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesuch certificate of occupancy, or that which in Landlord’s the reasonable opinion of Landlord violates any law, regulation or zoning ordinance or the certificate of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. 10.3. Landlord acknowledges that so long as Tenant’s intended use of the Demised Premises is consistent with its past use of the Existing Space, to Landlord’s actual knowledge, there shall be no invalidation or cost increase of any insurance policy covering the Building. Notwithstanding the above, Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionSection 10.3. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections projection shall be attached to any outside wall of the Buildingbuilding. No curtains, blinds, shades or screens which are visible from the Common Areas or from outside the Building shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s standard window coverings, if any. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, such consent not to be unreasonably withheld, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s prior written consent, such consent not to be unreasonably withheld. 10.7. No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without Landlord’s the prior written consent; provided that consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to install may on a sign with its name and corporate logo non-exclusive basis place signage on the exterior of the Building, Building and Tenant’s logo in the Common Area of the Building on the floor occupied by Tenant; provided that (a) Landlord and Tenant agree upon the size, appearance design and characteristics location of which shall be subject to Landlord’s prior written consentsuch exterior signage and (b) all such signage complies with all applicable laws, ordinances, codes, rules and regulations of the government authorities with jurisdiction over such matters. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the expense of Tenant’s sole cost and expense, and shall be of a size, color and type reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything Nothing may be placed on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringlettering and Tenant’s logo, which may be placed on its corridor walls in a location and in a size, color and type acceptable to Landlord in Landlord’s reasonable discretion. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Areas, or other offices space in the Building. Further, Tenant shall not place any except for equipment located within the Existing Space on the Effective Date and set forth in Exhibit “F”, no equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in upon the Demised Premises without advance notice to and consent by Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Placement of such equipment, if approved by Landlord, shall be only at a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that which shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant not knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or the ProjectLand. Tenant may use a portion of the Common Area for an atrium area in accordance with Section 15. Landlord shall use its reasonable efforts to include a provision similar to the first two sentences of this Section 10.9 in all leases for any other tenants of the Building entered into from and after the Effective Date. Furthermore, Landlord agrees not to lease any space in the Building to a tenant whose primary and principal intended use of such space is any of the following: an employment agency, physician or dentist office, video or amusement arcade, indoor playground, bar, video store, repair shop, bowling alley, fast food restaurant, pawn shop, convenience store, liquor store, gym, fitness center or health club and/or beauty salon or spa. 10.10. Notwithstanding Other than costs which shall be included in Operating Expenses pursuant to Article 7 associated with causing the Demised Premises to comply with any other provision herein retroactively effective law, code, rule or regulation where noncompliance does not result from any use or alterations to the contraryDemised Premises by Tenant, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Demised Premises (as distinguished from the Common Areas and/or the Building) with the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)) which provisions are first enacted after the Effective Date, or the compliance thereof is required as a result of an act or omission of Tenant, its agents, employees, contractors or invitees or as a result of Tenant’s (as opposed to another tenant’s) leasing of the Demised Premises; and Tenant shall indemnify, defend and hold Landlord harmless Landlord from and against any loss, cost, liability liability, or expense expense, (including reasonable attorneys’ attorneys fees and disbursements) arising out of any failure of such improvements the Demised Premises (as distinguished from the Common Areas and/or the Building) to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or ADA in connection accordance with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Emergent BioSolutions Inc.)

Use. 10.1. Tenant shall occupy and use the Premises only for the purpose set forth in Section 2.12Permitted Use and shall comply with all Laws relating to the use, condition, access to, and shall not use occupancy of the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not conduct regular second or third shift operations within the Premises; however, Tenant may use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or after normal business hours, so long as Tenant is not routinely conducting business from the certificate of occupancy issued for Premises after normal business hours. Normal business hours as used herein shall mean the Buildinghours between 6:00 am and 6:00 pm, Monday through Friday, and shallbetween 8:00 am and 1:00 pm Saturday, upon five (5) days’ written notice from Landlordholidays excepted; provided however, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or Landlord acknowledges and agrees that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Projectbusiness operations requires, and Tenant will at all times (24 hours a day, 365 days a year) maintain, not less than two (2) staff personnel on the Premises for monitoring of the Server Room and responding to client service calls (herein the “After Hours Staff”). Landlord further acknowledges that, from time to time, a limited number of employees of Tenant may work after-hours from the Premises to complete work-related projects on a temporary, as-needed basis. Other than the After Hours Staff, all persons entering or leaving the Complex between the hours of 6:00 pm and 6:00 am, Monday through Friday, or after 1:00 pm Saturday, or at any time on Sundays or holidays, may be required to do so under such reasonable regulations as Landlord may impose. Landlord my exclude or expel any peddler or solicitor. The Premises shall promptly, upon demand, reimburse Landlord not be used for any additional premium charged use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Complex or its contents, or for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts storage of any kind Hazardous Materials. If, because of a Tenant Party’s acts, the rate of insurance on the Complex or its contents increases, then such acts shall be placed upon any an Event of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostDefault, Tenant shall pay to Landlord the cost amount of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than increase within ten (10) days after Landlord’s standard window coverings. Neither the interior nor exterior demand, and acceptance of such payment shall not waive any windows shall be coated or otherwise sunscreened without of Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyrights. Tenant shall conduct its business and control each other Tenant Party so as not place anything on the exterior to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8Complex. Landlord acknowledges and agrees that (i) Tenant shall cause any office equipment or machinery be permitted to be installed supply food and beverages for Tenant’s employees and invitees through vending machines on and in the Premises so as to reasonably prevent sounds and/or from off-site catering services; (ii) such food/beverage supply and service does not violate any current lease exclusive or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant restrictive agreements; and (iii) Landlord shall not place enter into any equipment weighing five hundred (500) pounds exclusive or greater within restrictive agreement that could prohibit or otherwise impair Tenant’s supply of food/beverages for Tenant’s employees and invitees on the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentthrough off-site catering or on-site vending machines. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in the reasonable written opinion of Landlord’s reasonable opinion legal counsel violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject disclosed in writing to Tenant, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No Tenant may install additional locks locks, bolts or security measures reasonably necessary to properly conduct its business and operations in the Premises, including securing the interior and exterior doors and windows of the Premises; provided, however, that any such locks, bolts of any kind or security measures shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made subject to existing locks or the mechanisms thereof without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed). Tenant shall provide Landlord with all keys, key cards and access codes necessary to access all portions of the Premises. Tenant shall, upon termination of this Lease, return to Landlord all keys and key cards to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key or key card so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key or key card if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the BuildingBuilding without Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings as set forth in the Tenant Manual (as defined in Section 13.1). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed), nor shall any bottles, parcels or other articles be placed on the windowsills. Any such window treatment shall also be subject to the requirements set forth in the Tenant Manual. For the avoidance of doubt, it shall be unreasonable for Landlord to withhold its consent to any requested awnings, blinds, shades, screens or other window tinting or treatments if Tenant demonstrates to Landlord that such are necessary for Tenant to comply with Applicable Laws [**] required to conduct Tenant’s business and operations on the Premises consistent with the Permitted Use; provided, that any such awnings, blinds, shades, screens or other window tinting or treatments are performed in accordance with the Tenant Manual. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises visible from outside the Premises or the Building without Landlord’s prior written consent; provided that , which shall not be unreasonably withheld, conditioned or delayed. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentLease. Interior signs Signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. 12.8. Tenant shall not only place anything on equipment within the exterior of Premises with floor loading consistent with the corridor walls or corridor doors other than Building’s structural design without Landlord’s standard letteringprior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.812.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The indemnification provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Tenant shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined in Section 16.7)

Appears in 1 contract

Sources: Lease (Alnylam Pharmaceuticals, Inc.)

Use. 10.1. 10.1 Tenant shall may use the Premises for any of those purposes, and only those purposes, allowed by (i) the purpose set forth City of San Diego Scientific Research Zone Ordinance in Section 2.12effect from time to time and as applicable to the Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Land, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord. Tenant may change the use of the Premises from time to time, as long as such changed use is authorized by this Section 10.1 or may otherwise be legally permissible, with the consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionshall not be unreasonably withheld. 10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the aboveoccupancy. Subject to Landlord's warranties set forth in Section 14.2, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s '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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, environmental, extended coverage or any other insurance policy covering the Building Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and the Projectconditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Premises. 10.4 Tenant shall comply with the Americans with Disabilities Act of 1990 ("ADA"), and the Projectregulations promulgated thereunder, as amended from time to time. Subject .to Landlord's warranties set forth in Section 14.2, all responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall promptlybe exclusively that of Tenant and not of Landlord, upon demandincluding any duty to make structural or capital improvements, reimburse Landlord alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for any additional premium charged for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord's consent to such policy by reason alterations shall not constitute either Landlord's assumption, in whole or in part, of Tenant’s failure to 's responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this SectionLease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. 10.410.5 Tenant may require Landlord to install signage on and about the Premises as part of the construction of the Tenant Improvements to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance. Tenant shall keep all doors opening onto public corridors closedacknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, except when in use for ingress and egress. 10.5. No additional locks is not relying on any representations or bolts warranty of Landlord regarding the number, size or location of any kind signage. The expense of design, permits, purchase and installation of any signs shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord included in the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changeTenant Improvements. 10.6. 10.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in at a location within the Building other than a location designed to carry the weight load of such the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.9. 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Amylin Pharmaceuticals Inc)

Use. 10.19.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute reasonable discretion. 10.29.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuildings, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s Landlord has a reasonable opinion basis to believe that such use violates any of the aboveabove and Landlord identifies such basis in its notice to Tenant. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.39.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectPremises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPremises, and 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 SectionArticle 9. 10.49.4. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials) arising from the use or occupancy of the Premises, including, without limitation, the requirements of Americans with Disabilities Act of 1990 (together with regulations promulgated pursuant thereto, the “ADA”). Tenant’s obligations under this Section 9.4 shall include any alterations to the Premises that Tenant is required or elects to make pursuant to the terms of this Lease. 9.5. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.59.6. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.69.7. No awnings or other projections shall be attached to any outside wall of the BuildingBuildings. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.79.8. No signTenant shall, advertisement or notice shall be exhibitedat Tenant’s sole cost and expense, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the exclusive right to install a sign with its name and corporate logo the maximum amount of any legally permitted signage on the exterior of the BuildingPremises (including any building thereon) (“Signage”), the size, appearance and characteristics of which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Interior signs on doors Tenant shall keep the Signage in good condition and the directory tablet repair. The size, design, and other physical aspects of any sign shall be inscribedsubject to Landlord’s written approval prior to installation, painted which approval will not unreasonably be withheld, any covenants, conditions, or affixed for Tenant by Landlord restrictions encumbering the Premises and, any Applicable Laws. The cost of the sign(s), including but not limited to the permitting, installation, maintenance and removal thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), or if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Buildings and any other portions of the Buildings that Landlord reasonably determines in good faith shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for painted so that repainting the display damaged portion of the name and location Buildings does not adversely affect the visual appearance of tenants onlythe Buildings, if required by Landlord; provided, however, in no event shall Landlord require Tenant to repaint an entire Building), Landlord may do so at Tenant’s expense. Tenant shall not place anything on the exterior of the corridor walls demand reimburse Landlord for all costs incurred by Landlord to effect such removal, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or corridor doors other than deposited by Landlord, including Landlord’s standard lettering. 10.8costs, expenses and actual attorneys’ fees with interest thereon. Tenant shall cause indemnify, defend and hold harmless Landlord from and against any office equipment loss, cost, claim, lawsuit, liability or machinery expense (including reasonable attorneys’ fees and disbursements) arising directly or indirectly out of Tenant’s failure to be installed in perform any of its obligations under this Section 9.8. By executing this Lease, Landlord hereby approves the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into signage currently existing on the Common Areas or other offices in the BuildingPremises. 9.9. Further, Tenant shall not only place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the structural design of the Buildings without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.99.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any unlawful or unlawful purposes, nor shall Tenant knowingly reasonably objectionable purposes or (b) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.109.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingclaim, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, costlawsuit, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord the Premises to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 9.11 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Illumina Inc)

Use. 10.1. Tenant (a) The Site shall use the Premises be used only for the purpose placement of the Home and for a private residence in the Home for all named Tenants and all named minor dependents of Tenant as set forth in Section 2.12, on Tenant's application and this Rental Agreement. Any person other than listed on the Rental Agreement shall not use be considered a guest. Without the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant any guest's stay shall not use or occupy exceed a total of fourteen days within any twelve month period commencing with the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use first day of the Premises that is declared or claimed by any Governmental Authority having jurisdiction guest’s presence. lf Landlord grants written permission to be a violation of any of extend the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is loststay beyond fourteen days, Tenant shall pay to Landlord as additional rent $[Property.UserDefinedField("Unauthorized Guests Fee")] per day that the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed guest resides on the windowsillsSite. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilitiesthe acts of Tenant's other occupants and guests. Landlord shall have sole discretion to determine when a stay has exceeded fourteen days. Any person who is a guest and seeks to stay for more than fourteen days must be screened by Landlord using Landlord’s standard procedures. Any guest who does not meet screening criteria must vacate. (b) Tenant shall not use or permit the use of the Site for (1) any business enterprise including daycare unless authorized in writing by Landlord, costs (2) any unlawful purpose, or (3) any purpose that will adversely affect reputation of the Landlord, the Community or its residents. (c) Tenant shall not use or keep in, on, or about the Site anything which would adversely affect insurance coverage of the Home or the Community. (d) Tenant shall not make excessive noise or engage in activities which unduly disturb neighbors or other Tenants within the Community. Tenant shall not disturb either the Landlord’s or other Tenant’s right to the use and expenses arising out enjoyment of the property or create a nuisance. (e) Tenant shall not keep in connection or about the Site any animal unless specifically approved in writing by Landlord and registered with the compliance of Community management. Landlord will administer this paragraph in conformance with Tenant’s rights under the Premises with the Americans American’s with Disabilities Act, 42 U.S.C. § 12101, et seq. Fair Housing Act and Wisconsin’s Open Housing Law. (together with regulations promulgated pursuant thereto, the “ADA”), and f) Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to in every respect comply with the ADAordinances of the municipality in which the Site is located and shall obey all lawful orders, rules and regulations of all governmental authorities. Notwithstanding the foregoing, Landlord Tenant shall be responsible for any fines or other charges imposed on the manufactured home community or imposed by any level of government as a result of the Tenant’s actions or inactions. (g) Tenant shall not attach or affix anything to the exterior of the Home or construct any accessory structure on the Site, including any garage, shed, broadcast antennae greater than twelve feet high, satellite dish with a diameter greater than one meter, solar panel or wind turbine, exterior wood burning furnace or similar heating source, or other device without the prior written consent of Landlord. lf Landlord consents, work shall be done in accordance with all liabilitiesapplicable codes and regulations. Tenant shall not make any change to the exterior color of the Home or to any accessory structure on the Site without the prior written consent of Landlord. Tenant acknowledges that most construction requires a building permit. Tenant will obtain all required permits. The Site as described ends at the roof line. The Rental Agreement does not include an easement for light or solar access as this matter is specifically reserved by Landlord. (h) Any accessory building that is not affixed to the ground is considered personal property and Tenant shall remove the accessory building upon removal of the Home unless there is a separate agreement to the contrary. lf the accessory building is affixed to the ground, costs it is considered a fixture and expenses arising out shall not be removed and becomes property of or Landlord when Tenant vacates. (i) Tenant shall, within 15 days after the installation of the Home on the Site, install a "skirt" around the full perimeter of the Home which shall be first approved by Landlord. Skirting around the Home shall be properly maintained by Tenant during the entire Rental Agreement term in connection accordance with the compliance standards at the time of original installation. (j) Home shall be installed by a licensed and insured installer to applicable state standards. (k) Except as otherwise stated in this paragraph, Tenant shall not cause or permit any flammable or explosive material, oil, radioactive material or hazardous or toxic waste or substance to be brought upon, used, stored or dumped on the Site or the Community. Tenant shall be responsible for any required repair, clean-up or detoxification of the existing structural portions Site caused by Tenant and tenant improvements shall indemnify Landlord from any liability, claim or expense. Proper use and storage of the Premises as of the date of this Leasegasoline, the “path of travel” into and within the Building (but not within the Premisesgas cans, except as specifically described in this sentence) and the Project’s parking lotsoil, walkways and landscaping areas with the ADAlighter fluid, and Landlord shall indemnifyother flammables, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADALP tanks is required. The provisions of this Section 10.10 foregoing covenant and indemnity shall survive the expiration or earlier termination of this LeaseRental Agreement. (l) Upon the termination of this Rental Agreement, all trees, shrubs and plants placed upon the Site by Tenant and all additions and improvements to the Site by Tenant shall remain upon the Site and shall be the property of Landlord unless there is a separate written agreement to the contrary. (m) The Rental Agreement is predicated upon an agreement between Landlord and Tenant(s) regarding who owns and occupies the home; therefore, Tenant shall not either intentionally or unintentionally alter or change the identity of, or increase or decrease the number of occupant(s) and/or owners of the Home from those who were listed on the initial or any subsequent Rental Agreement. Written approval of Landlord is needed prior to any change in ownership or occupancy of the Home.

Appears in 1 contract

Sources: Residential Rental Agreement

Use. 10.1. (a) The Premises shall be used and occupied only for provision of licensed skilled nursing facility services and any future programs which are an extension of the programs contemplated by Tenant shall use at the Premises for the purpose set forth in Section 2.12time of execution of this Lease, and shall not use the Premisesrelated office, or permit or suffer the Premises to be usedadministration and support services, and for any no other purpose purposes without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretionwill not be unreasonably withheld. 10.2(b) Tenant shall, at Tenant's sole cost and expense, comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, commissions, boards, and officers, and any national or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises and the sidewalk, curbs, and vaults adjoining the Premises or to the use or manner of use of the Premises, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets or sidewalks adjacent to the Premises, or onto or over other property contiguous or adjacent thereto. Tenant shall obtain any required certificate of occupancy with respect to its use of the Premises within thirty (30) days from the Commencement Date and shall deliver a copy thereof to Landlord within such thirty (30) day period. Tenant shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises in any manner that is declared will tend to create waste or claimed a nuisance. (c) Tenant hereby accepts the Premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulation governing and regulating the use of the Premises and subject to all liens, claims and encumbrances currently existing against the Premises or any part thereof, and accepts this Lease subject thereto and to all matters disclosed thereby and by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveexhibits attached hereto. Tenant shall comply with acknowledges that neither Landlord not Landlord's agents have made any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use representations or occupancy of warranties as to the Premises, impose including without limitation, any duty upon Tenant representation or Landlord with respect warranty as to the Premises condition or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements fitness of the insurers Improvements or the suitability of the Building and Improvements for the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason conduct of Tenant’s failure to comply with the provisions of this Section's business. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Sycamore Park Convalescent Hospital)

Use. 10.1. Tenant The Premises shall use the Premises be used only for the purpose set forth of office space and such other lawful purposes as may be incidental thereto. Lessor does not guarantee or make any representation in Section 2.12connection with the use of the space, and Lessee shall not use be subject to any building or zoning regulations applicable to the Premises, or permit or suffer . Lessee may only change the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by with the Lessor’s written consent. Lessee shall at its own cost and expense obtain any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveand all licenses and permits necessary for such use. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and Lessee shall comply with all rulesgovernmental laws, orders, ordinances and regulations and requirements of applicable to the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither and shall promptly comply with all governmental orders and directives for the interior nor exterior correction, prevention or abatement of any windows shall be coated nuisances in or otherwise sunscreened without Landlord’s prior written consentupon, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Buildingconnected with, the sizepremises, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord all at TenantLessee’s sole cost and expense. 17. Lessee covenants: Not to use the premises for living quarters or residence. Surrender the premises to Lessor at the end of the Term or any renewal period without the necessity-ty of any notice from either Lessor or Lessee to terminate the same, and Lessee hereby expressly waives all right to any notice respecting said surrender of premises. Lease Agreement for EALIXIR INC ▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 6 Lessee will keep the premises clean, sanitary and in good condition and, upon termination of the tenancy, return the premises to Lessor in a condition identical to that which existed when ▇▇▇▇▇▇ took occupancy, except for ordinary wear and tear and any additions or alterations authorized by Lessor. To keep the premises in good repair at ▇▇▇▇▇▇’s own expense with the exception of those repairs specifically designated as Lessor’s responsibility herein. Not to make any occupancy of the Leased Premises contrary to law or contrary to any directions, rules, regulations, regulatory bodies, or officials having jurisdiction or which shall be of a size, color and type acceptable injurious to Landlordany person or property. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery Not to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance waste or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAnuisance. Notwithstanding the foregoingforgoing, Landlord Lessee shall be responsible not use the premises for all liabilitiesthe purposes of storing, costs and expenses arising out of manufacturing or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Leaseselling any explosives, the “path of travel” into and within the Building (but not within the Premisesflammables or other inherently dangerous substance, except as specifically described in this sentence) and the Project’s parking lotschemical, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability thing or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasedevice.

Appears in 1 contract

Sources: Commercial Lease (Ealixir, Inc.)

Use. 10.19.1 Tenant shall use and occupy the Premises during the Term for retail and non-retail banking and general office and related purposes and no other purposes without the prior written consent of Landlord. Tenant shall not use, suffer or permit the Premises or any part thereof to be used for any other purpose or purposes without obtaining written consent of Landlord, which consent shall not be unreasonably withheld. 9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any portion of the Building, development, or project of which the Premises are a part, or any other property owned or controlled by it, for any lawful purpose. 9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be usedused in any manner which will increase the existing rate of insurance on the Building, for any part thereof or its contents or any part thereof, such additional expense shall be paid by Tenant to Landlord within ten (10) days of delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shall not sell or permit to be kept, used or sold in or about the Premises any article which may be prohibited by the standard form of fire insurance policies, as such now or are hereafter provided, covering the Building, any part thereof, or its contents. 9.4 Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or any other purpose without Landlord’s prior written consent, act or thing which consent Landlord may withhold disturb the quiet enjoyment of any other tenant in its sole and absolute discretion. 10.2the Building in which the Premises are located. Tenant shall not use or occupy the Premises or permit the Premises to be used in whole or in part for any purpose that is deemed to be in violation of Applicable Laws; zoning any laws, ordinances; , regulations or rules of any public authority or organization at any time. A judgment of any court of competent jurisdiction or the certificate of occupancy issued for admission by Tenant in any judicial or administrative action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, or rules in the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction shall be deemed to be a violation conclusive determination of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of fact between Landlord and 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. 10.3. Tenant shall not do 9.5 Upon the expiration or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon sooner termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name quit and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow surrender the Premises to be used for immoral or unlawful purposesLandlord in good condition and repair, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projectreasonable wear and tear excepted. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Bridge Capital Holdings)

Use. 10.1. Tenant The Premises shall use the Premises be used solely for the purpose Permitted Use set forth in Section 2.12the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and shall not use restrictions now or hereafter applicable to the Premises, or permit or suffer and the Premises to be useduse and occupancy thereof (collectively, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2"Legal Requirements"). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) 5 days' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any of Legal Requirement. Tenant will not use or permit the abovePremises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or that in Landlord’s reasonable opinion violates cause the disallowance of any of the abovesprinkler or other credits. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section. 10.4Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant shall keep all doors opening onto public corridors closedwill use the Premises in a careful, except when in use for ingress safe and egress. 10.5. No additional locks proper manner and will not commit waste, overload the floor or bolts of any kind shall be placed upon any structure of the doors or windows by TenantPremises, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of subject the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of to use that would damage the Premises or obstruct or interfere with the Building without Landlord’s prior written consent; provided that Tenant shall have rights of Landlord or other tenants or occupants of the right to install a sign with its name and corporate logo Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the exterior of Premises, or using or allowing the Building, the size, appearance and characteristics of which shall Premises to be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed used for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Areas, or other offices space in the BuildingProject. Further, Tenant shall not place any machinery or equipment weighing five hundred (500) 500 pounds or greater within 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 Landlord’s the prior written approvalconsent of Landlord. Except as may be provided under the Work Letter, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about not, without the prior written consent of Landlord, use the Premises that shall in any way obstruct manner which will require ventilation, air exchange, heating, gas, steam, electricity or interfere with water beyond the rights of other tenants or occupants existing capacity of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow Project as proportionately allocated to the Premises to be used based upon Tenant's Share as usually furnished for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10Permitted Use. Notwithstanding any other provision herein to the contrary, Tenant Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises Project with Legal Requirements, including the Americans with With Disabilities Act, 42 U.S.C. § (S) 12101, et seq. (together with regulations promulgated pursuant thereto, the “"ADA"), as of the Commencement Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall indemnifymake any alterations or modifications, defend and hold harmless Landlord from and against any lossto the interior or the exterior of the Premises or the Project, costthat are required by Legal Requirements (including, liability or expense (including reasonable attorneys’ fees and disbursements) arising out without limitation, compliance of any failure of such improvements to comply the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the foregoingcontrary, Landlord but subject to Landlord's obligations as of the Commencement Date of the Lease, 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 and expenses of suit) (collectively, "Claims") arising out of or in connection with the compliance any failure of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) or the Project to the extent related to Tenant's use or occupancy of the Premises, to comply with any Legal Requirement from and after the Project’s parking lots, walkways and landscaping areas with the ADACommencement Date, and Landlord Tenant shall indemnify, defend defend, hold and hold save Landlord harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) all Claims arising out of or in connection with any failure of Landlord the Premises, or the Project to make such aspects the extent related to Tenant's use or occupancy of the Project Premises, to comply with any Legal Requirement from and after the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseCommencement Date.

Appears in 1 contract

Sources: Lease Agreement (Equinix Inc)

Use. 10.1. Tenant shall A. Subject to the terms of the Master Lease, Subtenant may use the Subleased Premises for research and development and/or laboratory purposes, and for administrative and other lawful purposes reasonably related to or incidental to such specified uses (subject in each case to receipt of all necessary approvals from the City of Redwood City and all other governmental agencies having jurisdiction over the Subleased Premises), and for no other purpose whatsoever. B. Subtenant shall not use, store, transport or dispose of any Hazardous Substances (as defined in the Master Lease) in or about the Subleased Premises or the Master Premises, except that Subtenant may keep, store and use in the Subleased Premises those Hazardous Substances, and their respective quantities, specifically listed on the Environmental Questionnaire attached to this Sublease as Exhibit D to the extent permitted pursuant to the terms and conditions of Section 9.6 of the Master Lease incorporated herein. Subtenant shall at all times comply with Sublandlord’s environmental, health and safety (“EH&S”) standards, rules and regulations, and Sublandlord shall have the right at any time to audit Subtenant’s compliance with the same. C. Subtenant shall have access to the Subleased Premises twenty-four (24) hours per day, seven (7) days per week, subject to access procedures reasonably required by Sublandlord and/or Master Landlord, the Building rules and regulations and other limitations set forth in Section 2.12, and shall not use this Sublease or the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionMaster Lease. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and D. Subtenant shall comply with all rules, orders, regulations reasonable rules and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, from time to time by Master Landlord or Sublandlord. Without limiting the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out generality of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord Subtenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSublandlord’s emergency policies and procedures.

Appears in 1 contract

Sources: Sublease (Revolution Medicines, Inc.)

Use. 10.1. Tenant shall use the Premises solely for the purpose set forth in Section 2.12Permitted Use and consistent with the character of the Project as a first-class biotechnology project, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any other purpose or unlawful purposespurposes whatsoever. Tenant shall not use, nor shall Tenant knowingly cause, maintain or suffer or permit any nuisance person or waste in, on or about the Premisespersons to use, the Building Premises or any part thereof for any use or purpose contrary to the Project.provisions of Exhibit E, attached hereto, or in violation of any Requirements. Without limiting the generality of the foregoing: 10.10i. Tenant shall use the office areas (shown on Exhibit A-2) ("Office Areas") only for office uses and for no other purposes. Notwithstanding any other provision herein the foregoing, Tenant may elect, from time-to-time, subject to the contraryterms and conditions of Section 5.1.3, to change the use of Office Areas to lab uses, subject in each instance to the prior consent of Landlord, which consent may be granted or withheld by Landlord in its sole discretion. Any such change in use of Office Areas to lab uses shall be subject to applicable Requirements and to compliance by Tenant with the terms and conditions of Article 8. Tenant shall be responsible for all liabilities, costs and expenses arising out of or resulting from any such change in connection use of Office Areas to lab uses. ii. Tenant shall use the Lab Areas (shown on Exhibit A-2) ("Lab Areas") only for lab uses (including vivarium uses) and for no other purposes. Tenant may elect, from time-to-time, subject to the terms and conditions of Section 5.1.3, to change the use of Lab Areas to office uses, subject in each instance to the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed (subject to the terms and conditions of Section 5.1.3). Any such change in use of Lab Areas to office uses shall be subject to applicable Requirements and to compliance by Tenant with the compliance terms and conditions of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqArticle 8. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or resulting from any such change in connection with use of Lab Areas to office uses. iii. Notwithstanding the compliance foregoing, at all times during the Term, not less than approximately fifty percent (50%) of the existing structural portions and tenant improvements rentable area of the Premises as shall be used for lab uses (the "Lab Allocation"), and not more than approximately fifty percent (50%) of the date rentable area of this Leasethe Premises shall be used for office uses (the "Office Allocation"); provided, however, that Tenant shall have the right, upon prior written notice to Landlord but without Landlord's consent, to increase or decrease the Lab Allocation by up to five percent (5%) (with a corresponding increase or decrease in the Office Allocation) so long as any increase in allocation pertains only to space contiguous to the Lab Areas (and so long as any such change maintains the Lab Areas in a contiguous layout). Landlord shall not be considered to be unreasonable in withholding consent for a change in the use of any respective area of the Premises that when given effect would result in the use of the Premises being in breach of the foregoing covenant. iv. Notwithstanding anything in Sections 5.1.1 through 5.1.4 above, the “path allocation of travel” into Office Areas and within Lab Areas shown on the Building Final Space Plan (but not within as defined in the Premises, except as specifically described in this sentenceTenant Work Letter) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis deemed approved by Landlord.

Appears in 1 contract

Sources: Lease (Janux Therapeutics, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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, and shall indemnify, compensate, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. Nothwithstanding anything to the contrary set forth in this Lease, Tenant shall not be responsible for compliance with Applicable Laws with respect to any work performed in the Premises or Building by or at the direction of anyone other than a Tenant Party. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which shall not be unreasonably withheld. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. Tenant shall be entitled to install and maintain, at its sole cost and expense, (a) one (1) exterior Building sign in the location shown on Exhibit L or such other location as mutually agreed upon by the parties, identifying Tenant, provided that (x) the Premises is equal to or greater than sixty percent (60%) of the Building, and (y) Tenant occupies equal to or greater than seventy-five percent (75%) of the Premises; and (b) an exterior sign located at the ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ entrance for the sole purpose of identifying Tenant’s Premises (collectively, the “Permitted Signage”). The Permitted Signage shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. No additional sign, advertisement or notice (collectively, with the Permitted Signage, “Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for actual costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for by Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord, and the directory tablet shall be inscribed or affixed for Tenant by Landlord at Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.standard

Appears in 1 contract

Sources: Lease (Intellia Therapeutics, Inc.)

Use. 10.1. (a) Subject to the requirements of this Lease, Tenant shall may use the Premises for the purpose set forth in Section 2.12of constructing, installing, removing, replacing, maintaining and operating a communications facility subject to such modifications and alterations as required by Tenant (collectively, the “Communications Facility”), provided that Tenant shall not be required to occupy the Premises. The Communications Facility may include, without limitation, a tower, antenna arrays, dishes, cables, wires, temporary cell sites, equipment shelters and buildings, electronics equipment, generators, and other accessories. Owner shall not use provide Tenant with twenty – four (24) hour, seven (7) day a week, year-round access to the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2Property. Tenant shall have the right to temporarily park its vehicles on Owner’s Property when Tenant is constructing, operating, removing, replacing, and/or servicing its Communications Facility in locations reasonably dictated by Owner. (b) Except as provided in this section 5(b), Owner shall timely pay all real property taxes and assessments against the Owner’s Property to the extent not use exempt from taxation. Notwithstanding the foregoing, Tenant shall pay any increase in real property taxes, directly or occupy via reimbursement to Owner, attributed to the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy operations on the Premises during the Term hereof, as well as with respect to any of the improvements, utilities and/or fixtures Tenant has caused to be installed, improved and/or located thereon comprising part of the real property, upon receipt from Owner of a copy of said tax bill evidencing such an increase and within the deadline(s) customarily set forth in the applicable tax assessment invoice levied on Tenant.. Tenant shall pay all personal property taxes attributed to the Communications Facility, including the Towers (upon transfer of ownership of Towers to Tenant as contemplated herein), Tenant’s equipment and any other personal property that Tenant has installed and/or located on the Premises and any easement areas serving the Premises as contemplated herein. Nothing herein shall limit or modify Owner’s ability to tax Subtenant’s for personal property owned by such Subtenants at the Premises, impose . Nothing herein shall limit or modify any duty upon obligation of Tenant or Landlord any Subtenant to declare their respective personal property to Owner, to file income and expense statements with Owner and/or to otherwise be responsible for their respective tax obligations pursuant to applicable law. Owner’s taxing authority may, but shall not be obligated, to create a separate property card for the Premises and property located thereon for purposes of allocating tax obligations between Owner and Tenant. In the event any taxes due with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall Communications Facility provides for reduced payments if paid by a certain date (or, conversely, requires increased payments if not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy paid by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is losta certain date), Tenant shall only be obligated to pay its portion of the lowest possible payment. Notwithstanding the foregoing, Tenant shall be obligated to Landlord pay based on a latter and higher payment date in the cost of replacing event Owner has provided the same documentation required herein at least fifteen (15) business days prior to the lowest payment date and Tenant has failed to remit its required payment to Owner or of changing the lock taxing authority on or locks opened by before the lowest payment date. In such lost key if Landlord an event, Tenant’s portion shall deem it necessary to make such changebe calculated based upon the higher payment date. 10.6. No awnings or other projections shall be attached to any outside wall of (c) Tenant, its agents and contractors, are hereby granted the Building. No curtainsright, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, to enter upon the Owner’s Property and shall be of a sizeconduct such studies, color as Tenant deems necessary to determine the Premises’ suitability for Tenant’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name such other analyses and location of tenants onlystudies, as Tenant deems necessary or desirable. Tenant shall not place anything be liable to Owner or any third party on account of any pre-existing defect or condition on or with respect to Owner’s Property, whether or not such defect or condition is disclosed by ▇▇▇▇▇▇’s analyses, so long as Tenant has not caused or exacerbated such condition. Tenant shall furnish a copy of all such analyses and studies to Owner. Prior to any such entry onto the exterior Owner’s Property, Tenant shall provide at least forty-eight (48) hours (or One- Hundred Twenty (120) hours in the case of invasive testing or sampling) advanced notice to Owner, and shall provide Owner and maintain in full force and effect during all dates of entry onto the Owner’s Property, with an insurance certificate from Tenant, its contractors and consultants with minimum coverage and limits consistent with those set forth on Exhibit C, attached hereto and incorporated herein. Tenant shall restore any damage caused to Owner’s Property as a result of such entry or testing, studies or evaluations, reasonable wear and tear excepted. Tenant’s indemnity obligations set forth in Section 15 hereof shall apply to any Claims against Owner that arise out of, relate to or are connected with ▇▇▇▇▇▇’s due diligence contemplated by this Section 5(c), which obligation shall survive expiration or termination of this Agreement. Prior to engaging in any invasive testing of the corridor walls or corridor doors Property, Tenant shall provide Owner with a work plan, contractor information, insurance certificate(s) and such other than Landlord’s standard letteringinformation as shall be reasonably requested by Owner to enable it to approve such invasive testing plan before it is performed. 10.8(d) Throughout the Term of this Agreement, Owner shall cooperate with Tenant and execute all documents required to permit ▇▇▇▇▇▇’s intended use of the Premises in compliance with zoning, land use, utility service, and for building regulations. Owner shall not take any action that would adversely affect Tenant’s obtaining or maintaining any governmental approval. Tenant shall cause any office equipment or machinery all such documents to be installed prepared at its sole cost and expense. Notwithstanding the foregoing, nothing herein shall be binding on, or otherwise modify, limit, usurp or supersede the independent discretion or decision making authority of any of Owner’s officers, agencies, boards or commissions as it relates to zoning, land use, utility service, building regulations or other matters requiring governmental permit, licensure, consent, authority or other approval. (e) Owner and Tenant acknowledge that the Premises currently contains two (2) existing communications towers (the “Towers”). Upon ▇▇▇▇▇▇’s exercise of the Option in strict accordance with Section 2.2 of this Agreement, Owner shall assign all Subleases to Tenant and shall execute any necessary documentation to transfer ownership of the Towers and Owner’s interest in the Premises so as Subleases to reasonably prevent sounds or vibrations therefrom from extending into Tenant, including but not limited to, bills of sale and assignment and assumption agreements. Until the Common Areas or other offices in the Building. FurtherCommencement Date occurs, Tenant shall have no responsibility for the care or maintenance of the Towers. Following the Commencement Date, Tenant shall assume all care and maintenance of the Towers in strict accordance with applicable law, industry standards and the Owner’s obligations related to care and maintenance as set forth in the Existing Leases (defined in Section 5(g)), except that Tenant shall not place be responsible for any equipment weighing five hundred (500) pounds default of Owner under the Subleases which occurred prior to Tenant assuming such Subleases. Owner shall indemnify and hold Tenant harmless from any third party Claims to the extent caused by any default of Owner under the Subleases which occurred prior to Tenant assuming such Subleases. However, Tenant shall be responsible if either of the Towers are over-stressed or greater within over capacity at the Premises without Landlord’s prior written approvaltime of exercising the Option and Tenant shall be responsible for the costs associated with modifying or upgrading the Towers in compliance with all applicable laws and regulations and industry standards. Tenant shall be entitled to perform any studies, investigations, drawings and other due diligence necessary for Tenant to be able to obtain any federal, state, and local government approvals and necessary for Tenant to otherwise reinforce or upgrade the Towers. Tenant shall, at its sole cost and expense, obtain any and all permits required for upgrading and reinforcing the Towers and shall provide copies of such equipment to Owner, and shall also provide an insurance certificate from its contractor(s) performing such work conforming to the Town’s minimum insurance requirements attached hereto as Exhibit “C” and incorporated herein. Tenant shall cause such construction, removal and disposal work to be performed in accordance with all applicable law and industry standards, and in a competent, good and workmanlike manner. Tenant shall be placed entitled to utilize portions of Owner’s Property for a temporary duration and in an areas and location reasonably designated by Owner for staging of construction equipment and materials during the upgrades and reinforcement to the Towers. Tenant shall be permitted to manage the work on the Towers, in Tenant’s discretion utilizing vendors of Tenant’s choosing provided that all work is done in accordance with common industry practices and all applicable federal, state and locals laws, ordinances, rules and regulations, subject to the requirements set forth in this Agreement. Owner agrees that Tenant shall own the Communications Facility, including the Towers, and Tenant shall be obligated to inspect, repair, and maintain such Communications Facility and Towers in good condition throughout the Term of this Agreement, perform in accordance with applicable law, industry standards and in a good, workmanlike, competent and timely manner. (f) Owner shall be permitted to locate, maintain, repair, replace, inspect and remove, and to allow the State of Connecticut to locate, maintain, repair, replace, inspect and remove in connection with its State Radio System, equipment on the Towers. Owner agrees to enter into a tower lease agreement with ▇▇▇▇▇▇ as sublessor and Owner as sublessee which shall govern the parties rights and responsibilities with regard to Owner’s use of the Towers. Owner shall be given preference as to the location designed of its equipment and that of the State of Connecticut in connection with the State radio system, including any microwave system installed in connection therewith, on the Towers unless expressly prohibited by the Existing Leases prior to carry any amendment thereof by Tenant after the weight Option is exercised. No Existing Subtenant shall be required to relocate its equipment to any height or location on the Towers. Tenant shall ensure that Tenant’s equipment, and shall require that the equipment of such its Subtenants, not interfere Owner’s and the State’s equipment on the Towers. Tenant acknowledges that Owner currently utilizes the Towers and the Owner’s Property as a public safety building. The tower lease agreement shall not require any rent to be paid by Owner but shall require Owner to be responsible for its own operating costs and expenses, including but not limited to the cost of utilities, but not including the initial installation of Owner’s equipment. 10.9(g) Owner and Tenant acknowledge that the Towers are currently being utilized by the following Subtenants, or affiliates thereof: (i) AT&T Wireless; (ii) Verizon Wireless; (iii) Fishers Island Telephone, and (iv) (the “Existing Subtenants” and “Existing Leases”). Owner and Tenant agree that upon ▇▇▇▇▇▇’s exercise of the Option in strict accordance with Section 2.2 of this Agreement, the lease agreements between Owner and the Existing Subtenants shall not (a) do or permit anything be assigned to be done in or about and assumed by Tenant. To the Premises extent that shall in any way obstruct or interfere of the lease agreements with the rights of other tenants Existing Subtenants require any consent or occupants approval of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryExisting Subtenants, Tenant shall be responsible for obtaining such consents subject to Owner’s cooperation therewith as a pre-condition to its eligibility and prior to Tenant exercising the Option, and shall evidence to Owner that Tenant has obtained all liabilitiesapprovals and followed all procedures required of the Existing Leases to obtain all consents, costs and expenses arising out releases, waivers and/or approvals as shall be required under the existing lease to allow for the assignment of or in connection such leases as contemplated herein simultaneously with the compliance exercise of the Option. Tenant obtaining such consent(s) are a precondition to ▇▇▇▇▇▇’s eligibility to exercise the Option contemplated in Section 2.2 hereof. Attached as Exhibit D is an assignment and assumption of lease agreement to be executed by Owner and Tenant at the time the Option is exercised with respect to the existing leases. (h) ▇▇▇▇▇▇ agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of Owner or the State of Connecticut. Tenant shall at all times operate, and require its Subtenants to operate, in its and their use of the Towers and Premises in a manner that is compatible and does not interfere in any respects with the Americans present and/or future uses of the Owner’s Property by the Owner or the State of Connecticut. If Owner or the State of Connecticut reasonably determines that the Tenant’s equipment is causing any electrical or physical interference with Disabilities ActOwner’s or State’s equipment or Owner’s use of Owner’s Property, 42 U.S.C. § 12101Owner shall specify said interference in a written notice to ▇▇▇▇▇▇. Upon such notice, et seq▇▇▇▇▇▇ will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at ▇▇▇▇▇▇’s option, powering down such equipment and later powering up such equipment for intermittent testing. (together with regulations promulgated pursuant theretoIf such interference is causing an emergency situation as it relates to Owner’s or State’s public safety communications capabilities, Tenant shall immediately power down its equipment to eliminate the “ADA”)interference, and if it fails to do so, hereby grants Owner the right, but not the obligation, to take such action as shall be necessary to eliminate such interference without liability to Tenant or its Subtenants. Tenant shall indemnifydefend, defend indemnify and hold Owner harmless Landlord from and against all Claims (as defined in section 15 hereof) resulting therefrom. The Tenant shall then cure said incompatibility or interference at its sole cost and expense within five (5) days after receipt of said notice; provided, however, that if the nature of Tenant’s obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion, subject to any lossindemnification obligations hereunder related to same, costsubject to immediate emergency shutdowns as contemplated in this section 5(h), liability provided in no event shall Tenant have greater than fifteen (15) days to cure such default after written notice. If the Tenant fails to cure within such period, ▇▇▇▇▇▇’s rights with respect to the tower cited for the interference shall automatically terminate without further notice to the Tenant. Owner may impose any reasonable conditions or expense (including reasonable attorneys’ fees and disbursements) arising out restrictions necessary to prevent such interference. Tenant shall in good faith attempt to troubleshoot any interference issues it is having with other occupants of any failure of such improvements to comply the Towers. Tenant acknowledges that there will not be an adequate remedy at law for noncompliance with the ADA. provisions of this section 5(h) and therefore, Owner shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. (i) Notwithstanding anything to the contrary in the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection Owner acknowledges that this Agreement is subject to the Subleases with the compliance Existing Subtenants. As prior existing interests, nothing in this Agreement can limit, restrict, or diminish the rights, benefits or obligations of Existing Subtenants or Owner (such rights and obligations to be assigned to and assumed by Tenant pursuant and subject to this Agreement) under their Subleases or increase any burden or responsibility thereon. Therefore, in the existing structural portions and tenant improvements event any term or condition of the Premises as of the date of this Leasean Existing Subtenant’s Sublease contradicts any term or condition hereof, the “path Sublease shall govern and control to the extent of travel” into and within the Building (resolving such conflict, including but not within the Premiseslimited to, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against respect to any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.interference

Appears in 1 contract

Sources: Land Lease Agreement

Use. 10.1. A. Tenant shall have the right to use the Premises as follows and for no other purposes: (i) the purpose set forth in Section 2.12Fab Space may be used for manufacturing related to the operation of Tenant’s Magnetoresistive Random Access Memory (“MRAM”) business, including the manufacturing of MRAM products, such as standalone memory, embedded memory-based products and shall not use other products leveraging MRAM technology such as magnetic sensors (collectively, the Premises, or permit or suffer “MRAM Business”); (ii) the Premises Office Space may be used for offices related to the MRAM Business; and (iii) the Lab Space may be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2labs related to the MRAM Business. Tenant shall may not change the use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use part of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of from the above, or that uses designated in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building preceding sentence and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof Exhibit C without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return If a proposed change in use increases the cost to Landlord all keys of providing the Services and other costs that are included in Fixed Rent, Landlord may condition its consent to offices Tenant’s change in use on Tenant’s agreement to increase the Fixed Rent by the amount of Landlord’s increased costs and restrooms either furnished Tenant’s agreement to pay for any modifications to the site Infrastructure required for such change. If Landlord gives such consent, the Rent shall be adjusted accordingly. Tenant, in its use and occupancy of the Premises, shall not commit waste, shall not cause the insurance carried by Landlord pursuant to Section 22 to be canceled, shall not cause a material disruption or otherwise procured by Tenantimpediment to Landlord’s use of the balance of the Project, nor overload the floors or structure, nor subject the Premises to any use which would tend to damage any portion thereof. In addition, Landlord grants Tenant the event any key so furnished right to Tenant is lostmake use of the Common Areas (as defined below) at the Property in support of Tenant’s use of the Premises. In using the Common Areas, Tenant and its employees, agents, suppliers, shippers, customers, licensees and invitees shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if comply with Landlord’s customary operating and security rules and regulations. Landlord shall deem it necessary require Tenant and its employees, agents, suppliers, shippers, customers, licensees and invitees to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed wear appropriate security identification while on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without LandlordCommon Areas. The Premises and Common Areas may only be used by Tenant and its employees, agents, suppliers, shippers, customers, licensees and invitees who are necessary for Tenant’s prior written consent; provided permitted use of the Premises and/or to perform Tenant’s obligations under this Lease. Landlord and Tenant shall each cooperate and use reasonable efforts to assure that each of Landlord and Tenant may enjoy and use the Common Areas for their intended purposes. B. Landlord shall at all times retain all other rights with respect to the Common Areas, and shall have the right to install a sign with its name reconfigure, restructure, and corporate logo on the exterior close, in whole or in part, for repair and maintenance such areas. Except for emergencies, Landlord will give Tenant reasonable notice (which may be oral) prior to commencing any material repair or maintenance of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expenseCommon Areas, and shall be use commercially reasonable efforts to finish such repair and maintenance promptly and to prevent the same from causing undue interference with Tenant’s operations or access to the Premises. C. Landlord and Tenant acknowledge and agree that their joint cooperation is necessary to promote the safe and effective utilization of a size, color the Premises and type acceptable to joint occupancy of the Common Areas by Tenant and the balance of the Property by Landlord. The directory tablet Accordingly, Landlord and Tenant agree that in connection with their respective use, occupancy and operations at the Property and the exercise of their rights and performance of their obligations under this Lease, each of them shall: (i) conduct its activities in a safe and prudent manner consistent with sound industry practices; (ii) comply, at its sole expense, with (a) all Legal Requirements (as defined in Section 7), (b) Landlord’s environmental safety and health protocols for the Project; (c) Landlord’s construction protocols; and (d) any other Project-wide specifications and protocols applicable to such party (the items specified in (b), (c) and (d) are collectively referred to herein as “Project-Wide Protocols”); provided, however, that, except as explicitly set forth in this Lease, Tenant shall have no right to make any repairs to the Infrastructure or capital improvements or replacements with respect to the Property, the Premises or the Common Areas. Certain Project-Wide Protocols are attached hereto as Exhibit B. Tenant shall be provided exclusively required to comply only with (i) the Project-Wide Protocols attached hereto, (ii) any Project-Wide Protocols delivered to Tenant no later than sixty (60) days following the Effective Date, and (iii) any other Project-Wide Protocols adopted by Landlord and delivered to Tenant after the Effective Date if such Project-Wide Protocols are adopted by Landlord for the display purpose of complying with any Legal Requirements. Landlord reserves the name right to revise, supplement, replace and location of tenants only. otherwise modify the Project-Wide Protocols; provided, however, that Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery be required to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas comply with such revisions, supplements, replacements or other offices modifications until Landlord delivers the same in the Building. Further, Tenant shall writing to Tenant; and (iii) use reasonable efforts not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants enjoyment of the Building or use and occupancy of the Project, or injure or unreasonably annoy them, or (b) use or allow Property by the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projectother as permitted by this Lease. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date D. For purposes of this Lease, the term path Common Areas” shall mean the stairways and halls providing ingress and egress between the Premises and the other areas defined as Common Areas herein and the exterior doorways of travel” into the Buildings designated by Landlord from time to time as those which Tenant may use, restrooms in the Buildings and the areas listed in this definition, the loading docks in each Building, Project parking areas and lots which are not designated for the specific use of Landlord or another user of the Project, the cafeteria, lobbies which are not restricted in use, the site mailroom and shipping and receiving areas as shown on Exhibit A and sidewalks and private streets within the Building (but not within the Premises, except as specifically described in this sentence) Project. The fitness facility and the Project’s parking lots, walkways and landscaping credit union shall not be defined as Common Areas. The Common Areas shall not include any areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply that Landlord designates from time to time as excluded from Common Areas. Tenant shall not have the right to use the roof, the telephone closets, any of the Infrastructure or portions of the Project which are for Landlord’s exclusive use or which are for the exclusive use of third parties designated by Landlord, including, without limitation, other tenants in the Project or other vendors or suppliers, unless Landlord gives its prior written consent to such use and such use complies with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLandlord’s Project-Wide Protocols.

Appears in 1 contract

Sources: Lease Agreement (Everspin Technologies Inc)

Use. 10.1. Tenant 5.01 The demised premises shall use the Premises be used solely as and for the purpose set forth in Section 2.12general, executive and shall not use the Premises, or permit or suffer the Premises to be used, administrative offices and for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionpurposes. 10.2. 5.02 Tenant shall not use or occupy permit the Premises use of the demised premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of Applicable Laws; zoning ordinances; the Certificate of Occupancy for the demised premises or the certificate of occupancy issued for the Building, and shallTenant shall not suffer or permit the demised premises or any part thereof to be used in any manner or anything to be done therein or anything to be brought into or kept therein which, upon five (5) days’ written notice from in the judgment of Landlord, discontinue shall in any use way impair or tend to impair the character, reputation or appearance of the Premises that is declared Building as a high quality office building, impair or claimed by interfere with or tend to impair or interfere with any Governmental Authority having jurisdiction of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the demised premises, or impair or interfere with or tend to be a violation impair or interfere with the use of any of the aboveother areas of the Building by, or that in Landlord’s reasonable opinion violates occasion discomfort, inconvenience or annoyance to, any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building Building. Tenant shall not install any electrical or other equipment of any kind which, in the Projectreasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or injure or unreasonably annoy them, or (b) use or allow annoyance. 5.03 Portions of the Premises to demised premises may be used for immoral one or unlawful purposesmore pantry areas for reheating, nor shall Tenant knowingly causebut not for cooking, maintain or permit any nuisance or waste inof food and beverages and for vending machines for Tenant's officers and directors, on or about the Premisesemployees and staff, the Building or the Project. 10.10. Notwithstanding any other provision herein subject to the contrary, provisions of Article 6 below. Tenant shall be responsible responsible, at Tenant's sole cost and expense, for maintaining Tenant's pantries at all liabilitiestimes in a clean and sanitary condition and free of rodents and other vermin and for the removal of refuse and garbage therefrom on a daily basis, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseusing contractors therefor designated by Landlord.

Appears in 1 contract

Sources: Sublease Agreement (Eyetech Pharmaceuticals Inc)

Use. 10.1. 6.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant shall, upon termination shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1(e) above and no other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, nor but shall any bottlesin good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, parcels and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentgovernment regulation. 10.7. No sign6.2 Tenant shall not occupy or use the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on permit any part portion of the Premises to be occupied or used, 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 keep anything upon the Building without Landlord’s prior written consent; provided Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall have not permit any objectionable or unpleasant odors to emanate from the right to install a sign with its name and corporate logo Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. 6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the sizePremises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or bum trash or garbage upon the Premises. 6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, any permits and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively licenses required for the display transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises so as and, at Tenant’s sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds the use, condition or vibrations therefrom occupancy of the Premises. 6.6 Tenant shall keep all exterior electric signs lighted from extending into dusk until at least 12:00 A.M. every day, including Sundays and holidays. 6.7 Tenant shall include the Common Areas or other offices address and identity of its business activities in the Building. Further, Premises in all advertisements made by Tenant shall not place any equipment weighing five hundred (500) pounds or greater within in which the Premises without Landlord’s prior written approval, address and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any failure similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.

Appears in 1 contract

Sources: Lease Agreement (Chuy's Holdings, Inc.)

Use. 10.1. Tenant shall occupy and use the Premises only for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises. Tenant will not commit waste, overload the Building Structure or the Building Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state Law governing handicapped access or architectural barriers, and all rules, ordersregulations, regulations and requirements guidelines promulgated under such Laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the insurers Disabilities Acts in the common areas of the Building and the Project, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and Tenant responsibility shall promptly, upon demand, reimburse Landlord be borne by Tenant). The Premises shall not be used for any additional premium charged use that creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts storage of any kind shall be placed upon any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). If, because of the doors a Tenant Party’s acts or windows by Tenant, nor shall any changes be made because Tenant fails to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of perform its obligations under this Lease, return to Landlord all keys to offices and restrooms either furnished to the rate of insurance on the Project or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostits contents increases, Tenant shall pay to Landlord the cost amount of replacing the same or such increase within thirty (30) days upon demand, provided that acceptance of changing the lock or locks opened by such lost key if Landlord payment shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to not waive any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyrights. Tenant shall not place anything on the exterior of the corridor walls or corridor doors conduct its business and control each other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises Party so as not to reasonably prevent sounds create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Online Resources Corp)

Use. 10.1. Subject to compliance with all Laws (defined below), Tenant shall may at its own cost and expense, use the Leased Premises for the purpose set forth solely to construct, install, operate, maintain, repair, replace, protect and secure, its equipment and related equipment, cables, accessories and improvements as described in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Schedule "B" (collectively "Tenant's Installations"). Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished also grants to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to (i) install a sign with its name and corporate logo operate transmission cable from the equipment to the antennas, electric lines from the main feed to the equipment and telephone lines from the main telephone entry point to the equipment, and (ii) erect, construct or make Property improvements, alterations or additions ("Tenant's Changes") appropriate for Tenant's use subject to Landlord's reasonable approval, which approval shall not be unreasonably withheld or delayed so long as such are reasonably within the scope of Tenant's Installation shown on Schedule "B". Tenant's Changes may include enclosing or sheltering equipment, capping or modifying any sprinkler system in the equipment space, if permitted by Law, and adding HVAC and storing sealed batteries outside of the Leased Premises, if Tenant so requests, at locations in or on the Building mutually agreed upon by the parties, provided that no wires, cables, conduits or other connections shall be located on the exterior of the BuildingBuilding except as shown on Schedule B. Tenant shall pay all costs incurred by Landlord in reviewing and approving any such changes (up to a maximum per request for change of $1,000 to be evidenced by invoices and other documentation reasonably requested by ▇▇▇▇▇▇), including costs for Landlord's architect's and consultants promptly upon demand as additional rent hereunder. All Tenant Installations shall remain Tenant's personal property and may be removed by Tenant at any time during the sizeterm, appearance and characteristics of which but in any event shall be subject to Landlord’s prior written consent. Interior signs on doors and removed by Tenant no later than thirty (30) days after the directory tablet shall be inscribed, painted Lease has been terminated or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyhas expired. Tenant shall not place anything on the exterior of the corridor walls agrees that, upon termination or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date expiration of this Lease, the “path Tenant shall restore the Leased Premises to its condition as of travel” into the Commencement Date (as defined in Paragraph 4 below), reasonable wear and tear and damage from the elements, casualty and eminent domain excepted. All costs of Tenant's Installation including electrical connections, telephone service, cable, climate control and other items shall be borne by the Tenant. Electrical, telephone and other cable and appurtenances shall be concealed wherever feasible and where this is not feasible, all such runs, locations and methods shall be subject to the prior approval of Landlord. Tenant shall utilize so-called stealth design techniques where practical and the additional cost of such will not reduce the rent to be paid to Landlord hereunder. All damage to the Landlord's facilities caused by the Tenant or its personnel or contractors shall be repaired by the Tenant to the satisfaction of the Landlord. Tenant shall provide Landlord with the name(s) and telephone number(s) of personnel who shall respond within two (2) hours to emergency calls from the Landlord. Such calls include, but, are not limited to complaints of disturbing noises such as bells, whistles, voices etc. The current name(s) and phone number(s) of the Tenant's emergency response are set forth in Schedule C, annexed hereto. Tenant will take all precautions which, at a minimum, conform to industry standards, to protect the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure Property of Landlord to make such aspects of and the Project comply with residential tenants as well as the ADATenant's Installations from potential damage caused by lightning. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.Formatted: Indent: Left: 0.08", First line: 0"

Appears in 1 contract

Sources: Lease Agreement

Use. 10.1Section 4.01. Tenant shall only use and occupy the Premises for: (a) executive and administrative offices, (b) art studios, production facilities, typesetting, slide production, television production and such other uses (other than light or heavy manufacturing) as are then customary in the advertising/communications and public relations business or (c) such retail use as the Landlord shall from time to time reasonably permit (taking into account the notice of the business of the proposed subtenant as appropriate to a first class office building in Manhattan) for so long as Messrs. Pete▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Mich▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ an entity referred to in Section 10.02 (c) or (d) hereof, is the purpose Landlord hereunder From and after such time that Messrs. Pete▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Mich▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ases to be the Landlord hereunder, the ground level space may be used for any lawful purpose. Tenant shall have the right, incident to the uses set forth in sub-sections (a) and (b) to maintain vending machines, kitchens, dining and exercise facilities. Section 2.124.02. As soon as practicable Landlord shall deliver to Tenant a Certificate of Occupancy permitting the use of the Demised Premises for general and executive offices and, with regard to the ground floor, retail sales ("the Initial Certificate of Occupancy") provided that nothing contained herein shall limit Landlord's obligation contained in Exhibit C to deliver a temporary Certificate of Occupancy on Substantial Completion of Base Building and Tenant Work. If any governmental certificate, license or permit, other than the Initial Certificate of Occupancy to be obtained by Landlord, shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such certificate, 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 certificate, license or permit. Section 4.03. Tenant shall not at any time use or occupy or suffer or permit anyone to use or occupy the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall Premises, in any way obstruct manner (a) which violates the Certificate of Occupancy for the Demised Premises or interfere with for the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or Building; (b) use which causes injury to the Demised Premises or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Equipment; (c) which constitutes a violation of applicable laws and regulations or the Project. 10.10. Notwithstanding requirements of any other provision herein to public authorities with jurisdiction or the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out requirements of or in connection with insurance bodies; (d) which impairs the compliance appearance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises building as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.a first-class office building;

Appears in 1 contract

Sources: Lease Agreement (Young & Rubicam Inc)