Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 4 contracts
Sources: Lease Agreement (Winsonic Digital Media Group LTD), Lease Agreement (Cohesant Technologies Inc), Lease Agreement (Onsale Inc)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of indemnify, defend, hold and save Landlord harmless from and against any and all such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseClaims.
Appears in 4 contracts
Sources: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all 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, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "“Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlordsimilar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Any occupation Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 3 contracts
Sources: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2. Any occupation Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 3 contracts
Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits; provided, however, that in no event shall Tenant’s Permitted Use in compliance with this Lease be deemed a violation of the foregoing. If any As of the Commencement Date, Landlord confirms that Tenant’s use of the Premises in accordance with the Permitted Use and all applicable Legal Requirements will not cause an increase in the cost premiums for the insurance that Landlord is required to maintain under this Lease. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 30 days after written notice as Additional Rent upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises in a manner that is not in compliance with the Permitted Use. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises based upon Tenant’s Share as usually furnished for the Permitted Use.
Appears in 3 contracts
Sources: Sublease Agreement (NextCure, Inc.), Sublease Agreement (NextCure, Inc.), Sublease Agreement (NextCure, Inc.)
Use. The Tenant shall use the Premises shall be used only for as an assembly, meeting, and conference space (the purpose of receiving, storing, shipping and selling (but limited to wholesale sales“Permitted Use”) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. In connection with its use, Tenant may also use shall at its expense promptly comply with all applicable laws, ordinances, rules and regulations of any public authority and shall not annoy, obstruct, or interfere with the Premises for light manufacturingrights of any other tenants or occupants of the Building. Tenant shall not conduct or give notice of create no nuisance nor allow any auctionobjectionable fumes, liquidationnoises, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises vibrations to use that would damage be emitted from the Premises. Tenant shall not permit conduct any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take activities that will increase insurance rates for any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants portion of the ProjectBuilding or that will in any manner degrade or damage the reputation of the Building. Outside storageTenant shall comply with the terms of the declaration of condominium to be recorded upon completion of the Building, including without limitationany reasonable rules or regulations promulgated thereunder consistent with the Permitted Use, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises except that Tenant shall not be used responsible for payment of any fees or assessments required pursuant to the declaration of condominium. In addition to the uses permitted by Landlord above in this Section 3, Landlord acknowledges that Tenant intends to use the Premises as an assembly, meeting and conference space for patrons of the Durham Performing Arts Center (“DPAC”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇. to which the Premises will be connected by way of a common corridor between the DPAC and the Building. Currently, the Tenant contracts for the operation of the DPAC as a place of public accommodation under theater and performance venue with a 3rd party entity (the Americans With Disabilities Act or similar state statutes or local ordinances “DPAC Operator”). Tenant shall have the right to allow the DPAC Operator or any regulations promulgated thereunder, all as may be amended from time successor to time. Tenant shall, at its expense, make any alterations or modifications, within or without operate the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Landlord hereby consents to the transport through the Common Areas and the placement within the Premises (in the locations reflected on the Space Plan (as defined in the Work Letter)) of the Tenant equipment reflected in the Space Plan pursuant to its determination that the same, as located as reflected in the Space Plan, is within the structural capacity of the floor of the Premises. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.
Appears in 3 contracts
Sources: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord, conduct or give notice of any insurance auction, liquidation, or going out of business sale on the Premises, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall cause Landlord’s Work to be completed in compliance with applicable Legal Requirements (including the ADA). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to the Commencement Date Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
Appears in 2 contracts
Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord. Any occupation ’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all 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, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "“Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord. Any occupation ’s cost, for the compliance of the Premises by Tenant prior to (including, without limitation, Landlord’s Work) and the Common Areas of the Project with Legal Requirements as of the Commencement Date (including any non-compliance as of the Commencement Date discovered at a later date during the Term). Commencing on the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 2 contracts
Sources: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which consent shall not conduct be unreasonably withheld or give notice of any auction, liquidation, or going out of business sale on the Premisesdelayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentparty. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without to the Premises, that are required by as a result of changes in Legal Requirements related to Tenant's use or occupation of after the PremisesCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant's or Landlord's insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or restrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. If any increase in the cost of any insurance on the Premises or over that applicable to the Project Permitted Use is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLease other than the payment of rent.
Appears in 2 contracts
Use. a. The Premises shall be used only for the purpose of receivinggrowing, cultivating, storing, shipping weighing, packaging, selling or processing for sale of hemp and selling (but limited hemp related products as described in and in accordance with 7 CFR 990, as may be amended from time to wholesale sales) productstime, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provideddirectly related thereto (the “Permitted Use”). Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises.
b. Provided Tenant, howeverat Tenant’s sole cost and expense, with Landlord's prior written consentobtains all required and lawful licenses and permits under the all federal, state, county or municipal laws, ordinances, statutes, rules, regulations, codes, permits, licenses, certificates of occupancy, covenants, conditions, restrictions, easements and all other matters of record affecting the Premises and applicable to the use of the Premises (collectively, “Laws”) (subject to the Federal Law Exceptions, defined below) (the “Required Licenses”), Tenant may also shall use the Premises solely for light manufacturing. Tenant the Permitted Use set forth in Section 3.a and for no other purpose without obtaining the prior written consent of Landlord, which shall not conduct or give notice of any auction, liquidation, or going out of business sale on be unreasonably withheld for uses consistent with Landlord’s then existing use criteria for the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the PremisesBuildings. Tenant shall not permit any objectionable disorderly conduct or unpleasant odors, smoke, dust, gas, noise, nuisance having a tendency to annoy or vibrations disturb any persons occupying adjacent premises. Copies of the Required Licenses shall be provided to emanate from Landlord prior to Tenant conducting any business at the Premises, . Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or take any other action that would constitute a nuisance warranty with respect to the Premises or would disturb, unreasonably interfere with, or endanger Landlord or any tenants with respect to the suitability of the ProjectPremises or the Buildings for the conduct of Tenant’s business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises or the Buildings, except as provided in writing in this Lease. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. TenantTenant acknowledges that Landlord may from time to time, at its sole expensediscretion, make such modifications, alterations, repairs, deletions or improvements to the Buildings or Property as Landlord may deem necessary or desirable, without compensation or notice to Tenant, provided that such alterations, repairs, deletions or improvements shall not materially adversely affect Tenant’s use and occupy of the Premises during normal daytime business hours and in no event shall Landlord be liable for any consequential damages. Tenant shall promptly comply with all Laws affecting the Premises and the Buildings. Notwithstanding anything contained in this Lease to the contrary, it shall not be an event of default if Tenant violates a federal law, rule, order, ordinance, regulation or requirement (collectively, “Federal Law”) which Federal Law prohibits the Permitted Use, provided that Tenant is 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 other Laws (collectively, "Legal Requirements"the “Federal Law Exceptions”). The Tenant acknowledges that Tenant is solely responsible for ensuring that the Premises shall not be used as a place comply with any and all Laws applicable to Tenant’s use of public accommodation under and conduct of business on the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderPremises, all as may be amended from time to time. and that Tenant shall, at its expense, make is solely responsible for any alterations or modifications, within or without the Premises, improvements that are may be required by Legal Requirements such Laws, now existing or hereafter adopted. 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 premiums paid by Landlord on its insurance related to Tenant's use the Buildings or occupation of which will in any way increase the Premisespremiums for fire or casualty insurance carried by other tenants in the Buildings. Tenant will not use perform any act or permit the Premises to be used for carry on any purpose or in any manner practices 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 may injure the Premises or the Project is caused Buildings that may be a nuisance or menace to other tenants in the Buildings or that shall in any way interfere with the quiet enjoyment of such other tenants. Tenant shall not do anything on the Premises which will overload any existing parking or service to the Premises. In addition to any other remedies Landlord may have for a breach by Tenant's use or occupation Tenant of the Premisesterms of this Section 3, or because Landlord shall have the right to evict Tenant vacates from the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (RHINO BIOTECH LTD), Lease Agreement (RHINO BIOTECH LTD)
Use. The Premises shall be used only for the purpose of light manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 PremisesPremises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be subject to all obligations the terms and conditions of this Lease, other than any obligation of Tenant under this Leaseto pay Base Rent or Operating Expenses as defined below.
Appears in 2 contracts
Sources: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement; provided, however, that if during the Term Tenant desires to use all or part of any insurance on the Premises as a place of public accommodation (as so defined), Tenant shall be solely responsible for complying with all applicable Legal Requirements (including, but not limited to, the ADA or any similar legal requirement) at its sole cost and expense in connection with, or arising out of, such use. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay not place any machinery or equipment weighing 500 pounds or more in or upon the amount Premises without the prior written consent of such increase to Landlord, which consent shall not be unreasonably withheld. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior to as usually furnished for the Commencement Date shall be subject to all obligations of Tenant under this LeasePermitted Use.
Appears in 2 contracts
Sources: Lease Agreement (Arbutus Biopharma Corp), Lease Agreement (Arbutus Biopharma Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)
Use. The Premises shall only be used only for general office use consistent with the purpose operation of receiving, storing, shipping and selling a first-class office building in the Woodland Hills area (but limited to wholesale salesthe “Specified Use”) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; providedpurposes, however, with Landlord's without ▇▇▇▇▇▇▇▇’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant may also shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
(a) the proposed use will place a disproportionate burden on the Building systems;
(b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
(c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for light manufacturingany purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not conduct do or give notice permit anything to be done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of any auction, liquidationother tenants or occupants of the Building, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor injure or structure of the Premises or subject the Premises to use that would damage the Premisesunreasonably annoy them. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose pornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any unreasonable nuisance or waste in, on or about the Premises. Tenant shall not use the Premises in any manner that in Landlord’s reasonable judgment would void Tenant's materially and adversely unreasonably affect or Landlord's insurance, increase interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the insurance riskBuilding, or cause that would interfere with or obstruct the disallowance proper and economical rendition of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseservice.
Appears in 2 contracts
Sources: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)
Use. (a) The Premises shall be used only for general office use, including business executive, sales and administrative office purposes, only, except as limited by Paragraph 6(b), and, subject to the terms of this Lease, uses incidental thereto, and shall be used for no other purpose without the prior written consent of Landlord. The use of an existing kitchenette facility located in the Premises, if any, is subject to the terms of this Lease and is deemed an incidental use.
(b) Tenant may not use any part or all of the Premises for any regular retail operations, other than special pop-up or other events from time to time, but excluding any such events in the Covered Space (as hereinafter defined); offices for the purpose conduct of receivingany adult entertainment business or a business primarily engaged in sexually explicit products or services; a medical or dental office; manufacturing, storingwarehousing or inventory distribution; an office providing any type of psychological or drug counseling, shipping and selling or employment placement or agency office; telemarketing operations; consulate, foreign mission or trade office; government or regulatory agency office; educational institution with classrooms, or similar uses.
(but limited to wholesale salesc) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also shall not use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, permit anything to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Premises Building which will in any way conflict with any present or future law, statute, ordinance, code, rule regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any present or future governmental or quasi-governmental authority, agency, department, board, panel or court (singularly and collectively “Laws”). Subject to use that would damage the Premises. terms of this Paragraph 6(c), Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenantshall, at its sole expense, shall use and occupy the Premises in compliance promptly comply with all lawsLaws, including, without limitation, the Federal Americans With with Disabilities Act (the Federal Americans with Disabilities Act, orders, judgments, ordinances, regulations, as codified in State and local building codes, directivesis referred to herein as the “ADA”), permitsand any Hazardous Materials Laws (as hereinafter defined), licensesrelating to or affecting the condition, covenants and restrictions now use, maintenance or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation occupancy of the Premises. Tenant will acknowledges that Landlord has disclosed to Tenant the fact that the Project is a grouping of historic buildings that contain architectural and design elements that may not use or permit comply with the ADA. In connection with the delivery of possession of the Premises to be used for any purpose or Tenant, Landlord shall provide ADA compliant path of travel to the Premises, including constructing a new Building lobby on the ▇▇▇ ▇▇▇▇▇▇ entrance to the Building. To the extent certain Building amenities are not available to persons with physical disabilities, Landlord will institute throughout the Term of this Lease administrative protocols that offer access on an “as needed” basis to alternative facilities in any manner the Project (which may include the Building management office) that would void Tenant's or Landlord's insuranceoffer comparable public accommodations to invitees with physical disabilities. Subject to the foregoing, increase it is the insurance risk, or cause intent of the disallowance of any sprinkler credits. If any increase in parties to allocate to Tenant the cost of compliance of any insurance and all Laws, regardless of the existing condition of the Premises, the cost of compliance or the foreseeability of the enactment or application of the Laws to the Premises. Notwithstanding the foregoing, Tenant shall not be required to make structural changes to the Premises unless they arise or are required because of or in connection with Tenant’s specific use of the Premises for other than general office use, or the type of business conducted by Tenant in the Premises, or Tenant’s Alterations, (and exclusive of the Tenant Improvements performed by Landlord), or Tenant’s acts or omissions. In accordance with California Civil Code Section 1938, Landlord hereby discloses, and Tenant acknowledges, that neither the Premises nor the Building has been inspected by a Certified Access Specialist. As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, by their execution of this Lease, Landlord and Tenant hereby agree that, without limiting Tenant’s obligations to comply with the ADA and Laws as provided in the Lease, subject to the performance by Landlord of the ADA compliant work provided in this Paragraph, tenant, at its sole cost and expense, shall be solely responsible for making any improvements, alterations, modifications and/or repairs within or to the Premises to correct violations of construction-related accessibility standards as disclosed by any Tenant-performed CASp inspection shall be allocated in accordance with the terms of this Paragraph 6(c).
(d) Supplementing the provisions of Paragraph 6(c) above, Tenant shall not use the Premises or any portion of the Building in violation of any federal, state, or local law, ordinance, or regulation relating to the environment, health, or safety. Tenant shall not use, generate, manufacture or store in or about the Premises or the Project Building or transport to or from the Premises or the Building any explosives, radioactive materials, hazardous materials, hazardous wastes, asbestos, flammable petroleum products, PCB transformers, toxic substances or related materials (collectively ‘ Hazardous Materials”), other than the use and storage in the Premises of small quantities of such substances when found in commonly used household cleansers, office supplies and general office equipment, and any such substances shall be used, kept, stored and disposed of, in strict accordance with all applicable federal, state and local laws now in force or which may hereafter be in force relating to the protection of human health or the environment from Hazardous Materials, including all requirements pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, storage, disposal or releases of Hazardous Materials and all requirements pertaining to the protection of the health and safety of employees or the public with respect to Hazardous Materials (collectively, “Hazardous Materials Laws”). Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous waste” or “waste” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq.; those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in subdivision (f) of Section 25281, and Section 25316, of the California Health & Safety Code; substances defined as “mold” in subdivision (g) of Section 26101 of the Health & Safety Code (the “Toxic Mold Protection Act of 2001”); and any “waste” as defined in subdivision (d) of Section 13050 of the Water Code; and in the regulations adopted and procedures promulgated pursuant to any of the aforementioned laws; and in any revised or successor code thereto; and any other chemical, material or substance at levels for which exposure is caused prohibited, limited or regulated by Tenant's use any governmental authority. To Landlord’s actual knowledge, no Hazardous Materials exist on or occupation of about the Premises, as of the date of this Lease in violation or because at levels that exceed that permitted under Hazardous Materials Laws. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant vacates be obligated to indemnify, defend and hold Landlord harmless from and against any Hazardous Materials placed on, under or about the Project or the Building (including without limitation the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant ) prior to the Commencement Date Date, unless such conditions are knowingly or negligently exacerbated by Tenant or any contractor under the control of Tenant, in which event such condition shall be subject to all obligations the Tenant indemnification hereinabove provided, and, subject to the foregoing, the cost to remove and remediate any such Hazardous Materials shall be at the sole cost and expense of Landlord.
(e) Subject to Landlord’s right to temporarily or permanently close, remove or alter such areas, Tenant under and Tenant’s employees, invitees and licensees shall have the right to use, in common with others, the outdoor walkways, pathways and seating areas (if any) located within the Project. Subject to compliance with the terms of this LeaseLease and the Building Rules, Tenant and its authorized personnel shall have reasonable access to the Premises seven days per week, on a 24-hour-per-day basis.
Appears in 2 contracts
Sources: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises 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 with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Adams Golf Inc), Lease Agreement (Adams Golf Inc)
Use. The Tenant shall use the Premises shall be used only for the purpose Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits and licenses necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. Notwithstanding anything in this Lease to the contrary, includingas between Landlord and Tenant, without limitation, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgmentsand all rules, ordinancesregulations and guidelines promulgated under such laws, regulationsas amended from time to time (the “Disabilities Acts”) in the Premises. Further, codesLandlord shall be responsible for compliance with Disabilities Acts in the Common Area and with respect to the path of travel to the Premises, directivesunless any non-compliance is caused by or attributable to (a) any Alterations performed by or at Tenant’s request (other than the Work), permits, licenses, covenants and restrictions now or hereafter applicable to (b) Tenant’s specific use of the Premises (collectively, "Legal Requirements"as opposed to general office use). The If Tenant’s initial use of the Premises is not a “place of public accommodation” within the meaning of the Disabilities Acts, then Tenant may not thereafter change the use to cause the Premises to become a “place of public accommodation”. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness or loudness; or which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlord's insuranceplace any equipment in or about the Premises or the Project, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Project. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, such statement or because threat shall be conclusive evidence that the increase in such rate is due to such activity of Tenant vacates the Premisesand, then as a result thereof, Tenant shall pay be liable for the amount payment of such increase as additional Rent. In no event shall Tenant introduce or permit to Landlord. Any occupation of be kept on the Premises by or brought into the Project any dangerous, noxious, radioactive or explosive substance. Tenant prior agrees to comply with and cooperate with Landlord’s efforts to comply with energy efficiency, green building and/or carbon reduction laws, including occupant, water, energy and transportation surveys within the Commencement Date shall be subject to all obligations of Tenant under this Leasecity, county, state or any other jurisdiction.
Appears in 2 contracts
Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof, including, without limitation, the Americans With ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. ▇▇▇▇▇, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared to be a violation of any Legal Requirement by any Governmental Authority (as defined in Section 9) having jurisdiction. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase in additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the cost provisions of any insurance on the Premises this Section or the Project is otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe, and proper manner and will not commit waste, overload the floor or occupation structure of the Premises, or because Tenant vacates subject the Premises to use that would damage the Premises, then or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity, or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that may be required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges, and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold, and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)
Use. The 3.1 Subject to all Legal Requirements, the Premises shall be used only for the purpose of receivingoffice, storing, shipping warehouse and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant distribution and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, cause or take permit any other action nuisance that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storagestorage is prohibited. The Premises shall not be used in a manner which is unlawful, including without limitationa nuisance, disreputable, creates extraordinary fire hazards or increased insurance rates. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all applicable Laws. The Premises shall not be used for the retail sale, wholesale, cultivation, dispensing, storage or distribution of trucks any marijuana or medical marijuana and other vehicles, such use is prohibited without Landlord's prior written consent. prohibited.
3.2 Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, all zoning ordinances, the Americans With with Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time(“ADA”). Tenant shall, at its sole expense, make any alterations or modificationsalterations, within or without additions and/or modifications at the Premises, that are Premises required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises. Tenant will not No use or permit is permitted at the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's insurance, ’s insurance or increase the insurance risk, or cause the disallowance of . Tenant shall pay any sprinkler credits. If any increase in the increased cost of any insurance on the Premises or the Project is caused by Tenant's T▇▇▇▇▇’s use or occupation of the Premises.
3.3 Tenant and its employees and invitees shall have the non-exclusive right in common to use, in common with others, those areas located within or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior adjacent to the Commencement Date shall Building or Project designed for the common use and benefit of Landlord and all tenants and occupants, including sidewalks, curbs, parking facilities, means of ingress and egress, easement areas, appurtenant easement areas, truck maneuvering areas, landscaping, irrigation systems and other related items as may be designated from time to time by Landlord (collectively, the “Common Areas”), subject to all obligations of Tenant under this Leasesuch reasonable rules and regulations as Landlord may promulgate from time to time.
Appears in 2 contracts
Sources: Lease Agreement (ScanTech AI Systems Inc.), Lease Agreement (ScanTech AI Systems Inc.)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all applicable laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction over Tenant’s operations to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance riskrisk to an unreasonable level, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place equipment exceeding the floor load capacity in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Net Multi-Tenant Laboratory ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Pines/Ligand - Page 9 Landlord shall, at Landlord’s cost and expense, be responsible for the compliance of the Building (excluding the Premises and any compliance resulting from the Tenant Improvements all of which costs and expenses shall be the responsibility of Tenant) with Legal Requirements as of the Commencement Date. Tenant, at its sole expense, shall make any improvements, alterations or modifications to the interior or the exterior of the Premises or the Project is that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s Tenant Improvements, Tenant’s Alterations, and/or Tenant particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant's use or occupation of the Premises’s failure to comply with any Legal Requirements as required herein, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or caused by Tenant’s failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement as required herein.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which consent shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premisesbe unreasonably withheld. 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. Except as would normally be expected from the use of the Premises for the bulk storage and distribution of cosmetic products, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentparty. 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"”); provided, however, that Tenant shall not in any event be required to make structural alterations or modifications to the Building or the common areas within the Site unless such modifications or alterations are required due to Tenant’s particular use of the Premises. The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without outside the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Requirements; provided, however, that Tenant will shall not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's event be required to make structural alterations or Landlord's insurance, increase modifications to the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises Building or the Project is caused by Tenant's use or occupation of common areas within the Premises, or because Tenant vacates Site unless [***]: Certain information on this page has been omitted and filed separately with the Premises, then Tenant shall pay the amount of such increase to LandlordCommission. Any occupation of the Premises by Tenant prior Confidential treatment has been requested with respect to the Commencement Date shall be subject to all obligations of Tenant under this Leaseomitted portions.
Appears in 2 contracts
Sources: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
Use. The Premises shall be used only for light manufacturing of biopharmaceuticals and for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) such products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingthereto (including incidental office and warehouse uses). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on similar activities at the Premises. Tenant , and will use the Premises Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any outside storage, nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Tenant shall use and occupy the Premises in compliance with all federal, state, local, and municipal 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 Act, similar state statutes or statutes, local ordinances ordinances, or any regulations promulgated thereunderrelated regulations, all as may be amended from time to time. The Premises shall not be used for residential purposes. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within modifications to the Premises or without the Premises, Project that are required by Legal Requirements related to as a result of Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord and Tenant acknowledge and agree that Tenant’s use may include parking vehicles inside the Building temporarily overnight, provided that: (a) Tenant is solely responsible, at Tenant’s cost, for compliance with Legal Requirements (including, without limitation, Tenant’s design, permitting and installation of a carbon monoxide/nitrogen oxide (diesel exhaust) detection and ventilation system), and all fire department requirements and approvals in connection with such use, (b) there be no hot works (e.g. for example, and not in limitation, cutting or welding), or painting within 20 feet of any vehicles inside the Premises, and (c) Tenant comply with the requirements of insurers of the Premises and Building.
Appears in 2 contracts
Sources: Lease Agreement (RayzeBio, Inc.), Net Lease Agreement (RayzeBio, Inc.)
Use. The (a) Subject to the terms and provisions hereof, Tenant may use and enjoy the Premises shall be used only for the purpose sale, lease, trade or repair of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such motor or other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks vehicles and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy uses in the Premises in compliance with all laws, course of prudent business practices normally associated therewith including, without limitation, the Americans With Disabilities Actsale of parts and services. Without limiting the generality of the foregoing, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable the provisions relating to use of the Premises (collectivelyshall be broadly construed to encompass all uses normally associated with premises occupied by automobile, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeboat and recreational vehicle dealerships. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or occupy, permit the Premises to be used for any purpose or occupied, nor do or permit anything to be done in any manner 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 in a manner which would constitute a public or private nuisance, or which would violate (i) any laws, regulations, ordinances, or requirements of any Governmental Authority having jurisdiction in the Project is caused by Premises including, without limitation, those which relate to Hazardous Materials, or (ii) any recorded restrictive covenants covering the Premises provided that such restrictive covenants do not impair Tenant's use of the Premises for the purposes set forth herein.
(b) Tenant covenants and agrees that Tenant shall not at any time maintain on, dispose of or occupation of generate on or discharge or release to or from the Premises, or because permit any party in possession through or under Tenant vacates to maintain on, dispose of, discharge from or generate or release on the Premises, then any "Hazardous Materials" (hereafter defined), except for (i) any Hazardous Materials that may be used, generated or maintained in the ordinary course of Tenant's operations at the Premises for the use permitted under Section 6.1(a), and (ii) any asbestos in any form existing on the Premises as of the date of this Lease. Subject to the foregoing, Tenant or any party in possession through or under Tenant or any persons occupying or present on the Premises with the consent of Tenant shall pay not at any time discharge from, spill or release to the amount Premises any Hazardous Materials. Except for any asbestos in any form existing on the Premises as of the date of this Lease (the proper disposition of which shall always be the responsibility of Landlord), Tenant agrees to comply, and to cause all its employees, agents, contractors, invitees, customers and any other persons occupying or present on the Premises with the consent of Tenant to comply, with all applicable building codes and other federal, state and municipal laws, directives, orders, ordinances and regulations (collectively "Laws") relating to Hazardous Materials with respect to any use by Tenant of such increase to Landlord. Any occupation of the Premises by Tenant prior Hazardous Materials and with all Laws relating to the Commencement Date environment. The term "Hazardous Materials" as used herein shall be subject to all obligations of Tenant under this Lease.include any hazardous waste, hazardous substances or any pollutant or contaminant as defined by
Appears in 2 contracts
Sources: Lease Agreement (Group 1 Automotive Inc), Lease Agreement (Group 1 Automotive Inc)
Use. (a) The Premises premises shall be used only and occupied by Tenant solely for the purpose of receivinguse set forth in the Basic Lease Information. Tenant shall, storingat Tenant's expense, shipping comply promptly with all applicable statutes, ordinances, rules, regulations, orders, and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed requirements in effect during the term regulating Tenant's activities or the use by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use of the Premises for light manufacturingpremises. Tenant shall not conduct use or give notice permit the use of the premises in any manner that will tend to create waste or a nuisance, which shall tend unreasonably to disturb other tenants of the Building, or which shall violate the terms of any auctionrecorded restrictions affecting the Building, liquidationnor shall Tenant place or maintain any signs on or visible from the exterior of the premises without Landlord's written consent, or going out use any corridors, sidewalks, or other areas outside of business sale the premises for storage or any purpose other than access to the premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep, or permit to be used or kept on the Premises. premises any foul or noxious gas or substance or any hazardous or toxic material, nor shall Tenant will use do or permit to be done anything in and about the Premises premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause a carefulcancellation of any policy of insurance maintained by Landlord in connection with the premises or the Building or which would violate the terms of any covenants, safe conditions, or restrictions affecting the Building or the land on which it is located.
(b) Tenant shall not cause, or allow anyone else to cause, any hazardous, toxic, or radioactive materials (collectively "Hazardous Materials") to be used, generated, stored, or disposed of on or about the premises or the Building without the prior written consent of Landlord, which consent may be withheld in the sole discretion of Landlord, 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 Premiseswhich consent may be revoked at any time. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance strictly comply with all statutes, laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, rules, regulations, codes, directives, permits, licenses, covenants and restrictions precautions now or hereafter applicable mandated or advised by any federal, state, local or other governmental agency with respect to the Premises (collectivelyuse, "Legal Requirements")generation, storage, or disposal of Hazardous Materials. The Premises As herein used, Hazardous Materials shall include, but not be used limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase other similar designations in the cost Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq. and any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premisesother governmental statutes, or because Tenant vacates the Premiseslaws, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseordinances, rules, regulations, and precautions.
Appears in 2 contracts
Sources: Sublease (Depomed Inc), Research and Development Lease (Penederm Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingmanufacturing including an electroplating process provided such process emits no unreasonably noxious fumes or odors. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premiseswaste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)
Use. The Premises (a) Tenant shall be used only permitted to use the Leased Premises for the purpose of receivingmanufacturing, storingwarehousing, shipping office space and selling (but limited to wholesale sales) productsany other permitted use, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; providedsubject, however, to compliance with Landlord's prior written consentall Federal, Tenant may also use State and local laws, zoning ordinances, the orders, rules and regulations of the Board of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction over the Leased Premises for light manufacturing. now in effect or hereafter adopted by any governmental authority having or asserting jurisdiction, and such conditions, restriction and other encumbrances, if any, to which the Leased Premises are subject at the time of execution and delivery of this Lease (collectively, hereinafter referred to as the "Laws").
(b) Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use occupy or permit the Leased Premises to be used for or occupied, nor do or permit anything to be done in or on the Leased Premises or any purpose or part thereof, in any a manner that would in any way violate any of the Laws or any certificate of occupancy affecting the Leased Premises or make void Tenant's or Landlord's insurance, increase the voidable any insurance riskthen in force with respect thereto, or that may interfere in any way with the ability to obtain at regular rates fire or other insurance thereon required to be furnished hereunder by Tenant, or that will cause or be likely to cause injury to any of the disallowance Improvements, or that will constitute a public or private nuisance or waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of any sprinkler credits. If any increase Landlord in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Leased Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Lounsberry Holdings Ii Inc), Lease Agreement (Techprecision Corp)
Use. The Premises Tenant may use the Property for any lawful purpose. At all times such use shall be used only for in compliance with all applicable Laws, including without limitation any zoning, occupancy, permit and license requirements, and in compliance with all rules, regulations, orders and requirements of the purpose American Insurance Association (formerly, the National Board of receiving, storing, shipping and selling (but limited to wholesale salesFire Underwriters) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingor any successor organization. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload so as to cause cancellation of Landlord’s insurance policies or increase the floor or structure premiums thereunder. Landlord makes no representation that such use of the Premises will comply with applicable zoning requirements or subject other Laws. The parties agree that Tenant shall be solely responsible for obtaining, at Tenant’s sole cost and expense, any necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and occupancy of the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, (including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants compliance with building code and restrictions now or hereafter similar regulations applicable to the Premises (collectivelyPremises), "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act without, however, in doing so adversely affecting Landlord or similar state statutes or local ordinances or impairing in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's way Landlord’s current and permitted use or occupation of the Premises. Tenant will not use ; and Landlord makes no warranty or permit the Premises to be used for representation whatsoever that any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler 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 Premisesforegoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, or because Tenant vacates the Premises, then and Tenant shall pay the amount of obtain at its sole cost and expense any approval required by such increase to LandlordLaws. Any occupation sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Premises affected by Tenant prior to the Commencement Date removal of Tenant’s signs shall be subject restored to all obligations its condition as it existed as of Tenant under this Leasethe Lease Commencement Date, at Tenant’s sole cost and expense.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping shipping, and selling (but limited to wholesale sales) products, materials materials, and merchandise general merchandise, including, but not limited to, bingo printing and finishing, pull tabs, and ink markers, made and/or distributed by Tenant Tenant, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, . Tenant may also use the Premises for light manufacturingmanufacturing of pull tab inserts, lottery style tickets, assembly of electrical bingo blowers, flashboards, and electronic bingo units. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that to the extent permitted by applicable Legal Requirements (defined below), Tenant shall have the right to park automobiles, trucks and/or trailers along the exterior walls of the Premises, between the truck doors, and at the truck doors of the Premises, and in the truck court area for the Premises, as shown on Exhibit A to this Lease, so long as such automobiles, trucks and/or trailers are in operable condition and do not block access to the premises of other tenants (if any) of the Building. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for From the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure commencement of the Premises or subject the Premises Term, to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises for the Permitted Use only, and not to injure or deface the Premises, Building, the Site or any other part of the Complex nor to permit in compliance the Premises or on the Site any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to permit in the Premises anything which would in any way result in the leakage of fluid or the growth of mold, and not to use or devote the Premises or any part thereof for any purpose other than the Permitted Uses, nor any use thereof which is inconsistent with the maintenance of the Building as an office and laboratory building of the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the premium for any insurance on the Building and its contents or liable to render necessary any alteration or addition to the Building. Notwithstanding the foregoing, Tenant shall not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, maintain, use or store any Hazardous Materials in the Premises (other than the Hazardous Materials listed in Exhibit I (and at no greater than the amounts and/or quantities specified therein) (“Tenant’s Hazardous Materials”), provided that the same shall at all times be brought upon, kept or used in accordance with all lawsapplicable Hazardous Materials Laws (hereinafter defined) and to the extent any alterations or additions, including, without limitation, the Americans With Disabilities Actinstallation of life/safety and/or monitoring systems, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable are required with respect to the Premises (collectivelyand/or the Building under Legal Requirements or Hazardous Materials Laws as a result of Tenant’s Hazardous Materials, "Legal Requirements"). The Premises Tenant, subject to the terms of this Lease, shall be solely responsible for performing and/or installing the same, at its cost, as a condition precedent to Tenant’s right to use, store or dispose of, such Hazardous Materials) unless the same are approved by Landlord, which approval shall not be used unreasonably withheld, conditioned or delayed. Landlord hereby approves Tenant’s Hazardous Materials listed on Exhibit I. Tenant shall deliver MSDS sheets (and proposed quantities) with all requests for approval of Hazardous Materials not listed on Exhibit I as required above, and shall be responsible for notifying all federal, state and local authorities (including the Town of Lexington Fire Department) of the use, storage and disposal of Hazardous Materials by Tenant to the extent required by applicable law. Landlord agrees to respond to such request for approval within ten (10) business days of receipt of all of the foregoing. Tenant shall maintain at the Premises a list of all Hazardous Materials that the Tenant will keep, maintain, use or store at the Premises (the “Hazardous Materials Schedule”). On or before each anniversary of the Commencement Date, and on any earlier date during the 12-month period on which Tenant intends to add a new Hazardous Material or increase the quantity of any Hazardous Material to the Hazardous Materials Schedule, Tenant shall update the Hazardous Materials Schedule and deliver the same to Landlord for Landlord’s approval with respect to such new or increased Hazardous Materials as required above. The Hazardous Materials Schedule shall be reasonably available to the Landlord at the Premises upon the Landlord’s written request. Further, (i) Tenant shall not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, use, maintain, or store Hazardous Materials (as hereinafter defined), or dispose of the same into the sewage or waste disposal system or otherwise, or engage in any activity, in violation of Hazardous Materials Laws (as hereinafter defined) which might produce or generate any substance which is or may hereafter be classified as a place of public accommodation radioactive, hazardous material, waste or substance (collectively “Hazardous Materials”), under the Americans With Disabilities Act or similar federal, state statutes or local ordinances laws, rules and regulations or standards, including, without limitation, 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. and Massachusetts General Laws, Chapter 21E, and the National Fire Protection Association NFPA 45: Standards of Fire Protection for Laboratories Using Chemicals, and the rules and regulations or standards promulgated under any of the foregoing, as such laws, rules and regulations promulgated thereunder, all as may be amended from time to time. time (collectively “Hazardous Materials Laws”), (ii) Tenant shallshall immediately notify Landlord of any incident in, at its expense, make any alterations on or modifications, within or without about the Premises, the Building or the Site that would require the filing of a notice, or reporting to any governmental entity, under any Hazardous Materials Laws, (iii) Tenant shall comply and shall cause its employees, invitees, agents, independent contractors, contractors, assignees and subtenants to comply with each of the foregoing and (iv) Landlord shall have the right to make such inspections (including testing) as Landlord shall elect from time to time, upon reasonable prior notice to Tenant except in the event of an emergency, to determine that Tenant is complying with the foregoing. Notwithstanding the foregoing, Tenant shall also have the right to store and use reasonable quantities of office and cleaning supplies used in the ordinary course of the use and occupancy of the Premises for the general office use that are required kept, maintained, stored and disposed of in accordance with all applicable Hazardous Materials Laws. Neither Landlord’s review and approval of Tenant’s Hazardous Materials listed on Exhibit I attached hereto nor Landlord’s subsequent approval (if any) of any other Hazardous Materials to be kept, maintained, used or stored in the Premises pursuant to the foregoing paragraph shall be deemed to be an agreement by Legal Requirements related Landlord that Tenant has complied with applicable Hazardous Materials Laws with respect to any such Hazardous Materials nor deemed a waiver of Tenant's ’s obligations under this Lease with respect to compliance with all applicable Hazardous Materials Laws nor impose any liability on Landlord with respect to compliance with applicable Hazardous Materials Laws in connection with any such Hazardous Materials. Notwithstanding anything to the contrary contained in this Lease, prior to the expiration or earlier termination of the Term, Tenant shall clean and otherwise cause the Premises to be "decommissioned" in accordance with all applicable Hazardous Materials Laws and shall leave the Premises and the Building (and the piping, sewage or waste disposal system, supply lines, drains and storage containers and basins serving the same, and all exhaust or other ductwork) free of all chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials resulting from Tenant’s use or occupation occupancy of the Premises. Without limiting the foregoing, upon expiration or earlier termination of the Lease, Tenant will not use shall provide Landlord, at Tenant’s sole cost and expense, with a so-called "Clean Certificate" from a reputable, experienced third party environmental engineer or permit the Premises industrial hygienist, licensed to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase do business in the cost Commonwealth of any insurance on Massachusetts, dated within thirty (30) days after the Premises expiration or early termination of the Project is caused by Tenant's use or occupation of Term certifying to the Landlord that (a) the Premises, the Building and the pipes, sewage or because Tenant vacates waste disposal system, supply lines, drains, storage containers, basins, exhaust and ductwork are free from chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials, (b) the Premises, then the Building and the pipes, sewage or waste disposal system, supply lines, drains, storage containers, ductwork and exhaust serving the Premises have been sanitized in accordance with applicable Hazardous Materials Laws, (c) any radioactive materials, biological or chemical safety cabinets located, storage rooms or the storage areas in the Premises have been emptied and decontaminated in accordance with applicable Hazardous Materials Laws. If Tenant fails to perform such obligations under this paragraph, without limiting any other right or remedy, Landlord may, on ten (10) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall pay within thirty (30) days of demand reimburse Landlord for all reasonable out-of-pocket costs and expenses incurred by Landlord in connection with such work. Tenant’s obligations under this paragraph shall survive the amount expiration or earlier termination of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receivingoffice, storinglaboratory, shipping manufacturing, sales and selling (but limited to wholesale sales) products, materials distribution purposes and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Notwithstanding the foregoing, Tenant shall be permitted, from time to time, to sell personal property related to its business out of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Landlord’s consent will not be unreasonably withheld, conditioned or delayed.
(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 Tenant’s specific use of the Premises Premises, including without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder (collectivelythe “ADA”) (collectively as may be amended from time to time, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeADA. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’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 solely and directly by Tenant's ’s specific use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord within fifteen (15) days after receipt of evidence by the insurance carrier confirming that Tenant’s actions caused such increase. Landlord represents to Tenant that, to the best of Landlord’s knowledge without investigation or inquiry, the Building, Premises and Property comply with the ADA. Any occupation Landlord shall be responsible for any exterior Building and Property ADA issues (the “Corrections”). Notwithstanding the foregoing, Landlord shall have no obligation to correct any exterior ADA issues which may arise due to Tenant’s specific use of the Premises by Tenant prior or any alterations to the Commencement Date Premises proposed to be made by Tenant. Should Tenant receive any written notice of any ADA violation with respect to the exterior of the Building, Premises or Property, it shall provide a copy of same to Landlord.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project, subject to such reasonable rules and regulations as Landlord may promulgate from time to time. If such rules and regulations are amended, Tenant shall be subject notified in writing. The rules and regulations shall apply to all obligations of Tenant under this LeaseTenants in the Building.
Appears in 1 contract
Sources: Lease Agreement (MetaMorphix Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, liquidation or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at 7 its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 of the Project is caused by Tenant's use or occupation of the Premises, or of because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Sublease (Jni Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, light manufacturing, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all laws, including, without limitation, the Americans With Disabilities ActAct of 1990 (49 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended from time to time (collectively, the "ADA"), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now with reference to the use, condition, configuration or hereafter applicable to occupancy of the Premises (collectively, with the ADA, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant On or prior to the Commencement Date date hereof, Tenant has completed and delivered for the benefit of Landlord a "Tenant Operations Inquiry Form" in the form attached hereto as Exhibit D describing the nature of Tenant's proposed business operations at the Premises, which form is intended to, and shall be subject be, relied upon by Landlord. From time to time during the Term (but no more often than once in any twelve month period unless Tenant is in default hereunder or unless Tenant assigns this Lease or subleases all obligations or any portion of the Premises, whether or not in accordance with Paragraph 17), Tenant under this Leaseshall provide an updated and current Tenant Operations Inquiry Form upon Landlord's request.
Appears in 1 contract
Sources: Industrial Lease Agreement (Optex Systems Holdings Inc)
Use. (a) The Premises shall be used only for the purpose of receiving, storingstoring (including all of Tenant's battery products stored in accordance with applicable law), light assembly, packing, testing, servicing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a carefulto receive, safe store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and proper manner and will not commit waste, overload the floor or structure condition of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noiselight, noise or vibrations to emanate from the Premises, or ; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or person; nor permit the Premises to be used for any purpose or in any manner that would (1) void Tenant's or Landlord's insurancethe insurance thereto, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project Building incurred by Landlord which is caused by Tenant's use or occupation of the Premises, Premises or because Tenant vacates the Premises.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, then in common with others, any parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Notwithstanding the above, Tenant shall pay receive 30 parking places as a covenant of this Lease and Landlord shall designate the amount parking spaces set forth on EXHIBIT "C" attached hereto for the exclusive use of such increase to LandlordTenant. Any occupation of the Premises by Tenant prior to the Commencement Date Landlord shall not be subject to all obligations of Tenant under this Leaseresponsible for enforcing Tenant's parking rights against third parties.
Appears in 1 contract
Sources: Commercial Lease Agreement (At Track Communications Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales, employee discount sales, sales made by direct shipment to Tenant's consumers, and limited showroom sales) products, materials and merchandise made and/or distributed by Tenant Tenant, light manufacturing, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent, which shall not be unreasonably withheld; provided, however Landlord hereby consents to the outside storage of Tenant's trucks and tractor-trailers used in Tenant's normal business operations, not to exceed 5 days and so long as such trucks and tractor-trailers do not interfere with the ingress and egress of the Project. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any non-structural alterations or modifications, within or without the Premises, that are required by Legal Requirements related to because of Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease. Notwithstanding anything contained herein to the contrary, Tenant may store its pallets in certain designated storage areas as mutually agreed to by Landlord and Tenant.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of an equipment repair shop, a lab in which prescription lenses will be ground and other inventory will be finished, as well as for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant an adult use craft grow cultivation center and for such other lawful purposes as may be incidental thereto; providedthereto including, howeverwithout limitation, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. manufacturing of infused cannabis products.
(a) Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Other than as would be customary for an adult use craft grow cultivation center, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Notwithstanding the foregoing, Landlord recognizes that, because of the nature of Tenant’s use of the Premises, certain odors and aromas will emanate therefrom. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. As used in this Lease, “including” and “include” shall always be deemed to incorporate “without limitation.”
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, including the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in a manner that is fully compliant with the Americans with Disabilities Act.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project, subject to such reasonable rules and regulations as Landlord may promulgate from time to time.
Appears in 1 contract
Sources: Commercial Lease Agreement (Grown Rogue International Inc.)
Use. The Premises shall be used only for the purpose of of: (i) receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; providedand (ii) technical research, howeverdevelopment and light manufacturing of products for the semi-conductor industry, including but not limited to, chemical vapor deposition systems used in the fabrication of integrated circuits but the use provided for in this subparagraph (ii) shall be in complete conformance with Landlord's prior written consent, Tenant may also use every provision of this Lease and be limited to the Premises for light manufacturingextent permitted by applicable Legal Requirements (defined below). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises, provided that Tenant shall not be required to make any structural alterations to the Premises to comply with laws unless such compliance is required because of Tenant's specific use of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date Data shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, and, subject to local law, for administrative offices, and for such other lawful purposes as may be incidental thereto; provided, howeverand for product and process demonstration, light applications development, and moderate manufacturing uses which will be permitted to Tenant upon Tenant's receipt from the City of Fremont of a Class H-6 Hazardous Materials permit, in each case, in connection with its business of manufacturing and selling semiconductor processing equipment and other technology product, and for such other uses as shall be both permitted by law and agreed to in writing by Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premiseswaste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, directive permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord shall construct the Initial Improvements and deliver the Premises to Tenant in compliance with all Legal Requirements; provided, however, that Landlord shall have no such obligation with respect to Tenant's "clean-room," the construction of which shall be Tenant's responsibility; and provided further, that, subject to the immediately following sentence, should any portion of the Premises or the Initial Improvements constructed by Landlord fail to comply with all Legal Requirements, Tenant's sole remedy shall be to have Landlord correct such non-complying portions at Landlord's sole cost and expense, Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 Premisespremises, then Tenant shall pay the amount of such increase to Landlord. Any occupation Landlord acknowledges that Tenant intends to construct a "clean-room" on the Premises, and agrees to be reasonable in exercising its approval authority, subject to the requirements of this Lease Agreement, including without limitation in Paragraphs 12 and 21; Landlord need not be reasonable, however, regarding whether Tenant shall be obligated to remove the "clean-room" improvements at the end of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLease Term.
Appears in 1 contract
Sources: Lease Agreement (CVC Inc)
Use. (a) The Premises shall be used only for the purpose of receivingPermitted Use, storing, shipping and selling in compliance with all zoning ordinances and Legal Requirements (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinghereinafter defined). Tenant shall not conduct or give notice of any auction, liquidation, or going out of going-out-of-business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises, subject to reasonable wear and tear. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably disturb or interfere with, or endanger Landlord with Landlord’s or any tenants other tenant’s use or enjoyment of other the portions of the ProjectProperty that are not the Premises, taking into account, in all events, the Permitted Use. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited in any areas of the Property not within the outside areas of the Premises without Landlord's ’s prior written consent. TenantFor purposes of clarity, outside storage shall be permitted in areas designated as “Canoo Logistics/ Laydown” on the Premises site plan set forth on Exhibit “A” attached hereto.
(b) Tenant shall, at its sole cost and expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, laws and ordinances, regulationsand all rules, codes, directives, permits, licenses, covenants covenants, orders or regulations of any governmental authority or Insurance Authority (as hereinafter defined) including the Americans with Disabilities Act, judgments, and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation occupancy of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's insurance’s insurance or certificate of occupancy. Notwithstanding the foregoing, increase Tenant shall not be prohibited or unreasonably restricted from using batteries on the insurance risk, or cause the disallowance of Premises due to any sprinkler creditsLandlord insurer requirements. If any increase in the cost of any insurance on the Premises or the Project Property is caused by Tenant's ’s use or occupation occupancy of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the entire amount of such increase to LandlordLandlord (as opposed to Tenant’s Proportionate Share thereof).
(c) Except for exclusive designated parking rights set forth in Section 15, Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, those areas identified as (i) roadways, (ii) parking areas and (iii) “Dock Loading Area” and shown on Exhibit A-1 (the “Common Areas”), subject to such reasonable rules and regulations as Landlord may promulgate from time to time. Any occupation Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas. The Property that is not part of the Premises or Common Areas may be changed from time-to-time in the sole discretion of Landlord, including, but not by way of limitation, the layout, size, improvements and other characteristics of such Property, provided that such changes do not materially impair, diminish or interfere with T▇▇▇▇▇’s use of the Premises or the Common Areas or any other rights granted to Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasehereunder.
Appears in 1 contract
Sources: Lease Agreement (Canoo Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant products and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of . Outside storage is prohibited at the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all federal, state, local, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. The Premises shall not be used for residential purposes. Tenant shall, at its expense, make any alterations or modifications, within at the Premises or without the PremisesProject, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises as opposed to general warehouse and distribution use. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Tenant will not use In the event that Landlord receives notice, or permit is otherwise informed, that the Premises to be used for any purpose or is not in any manner that would void Tenant's or Landlord's insurance, increase compliance with applicable Legal Requirements existing as of the insurance riskCommencement Date, or cause which come into effect after the disallowance Commencement Date, and such non-compliance is not related to Tenant’s specific use of any sprinkler credits. If any increase in the cost of any insurance on the Premises or Tenant-Made Alterations to the Project is caused Premises performed by Tenant's use , Landlord shall make such modifications as may be required by order or occupation directive of the Premisesapplicable governmental authority, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase otherwise brought to Landlord. Any occupation of ’s knowledge, in order to bring the Premises by Tenant prior into compliance with such applicable Legal Requirements without cost or expense to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Tenant. Any
Appears in 1 contract
Sources: Lease Agreement (TheRealReal, Inc.)
Use. A. The Premises shall be used only for the purpose of receiving, storing, servicing, repairing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; providedthereto provided that Tenant shall not use the Premises for the receipt, howeverstorage or handling of any product, with material or merchandise that is explosive or highly inflammable or hazardous or make any use of the Premises which would make void or voidable any policy of fire or extended coverage insurance covering any of the Building or property of Landlord. Outside storage, including without limitation, storage of trucks and other vehicles (except trucks and other vehicles used in Tenant's ordinary course of business at the Premises, which trucks and other vehicles may be parked on the Premises as needed by Tenant during business hours, and stored thereon by Tenant during non-business hours), is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with, the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, gas noise, or vibrations to emanate from the Premises, or nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the ProjectBuilding. Outside storageLandlord warrants that the current zoning of the Premises is "BPD-Business Park District".
B. Tenant and its employees, including without limitationcustomers and licensees shall have the non-exclusive rights to use any parking areas associated with the Premises that have been designated for such use by Landlord, storage subject to (1) all reasonable rules and regulations promulgated by Landlord and (2) rights of trucks ingress and egress of other vehicles, is prohibited tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Tenant shall not sublease any parking spaces without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Conns Inc)
Use. The Premises shall be used and occupied only for the purpose of receivinggeneral office, storingadministration, shipping research and selling (but limited to wholesale sales) productsdevelopment and other legal uses not expressly prohibited herein, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, use or purpose. Landlord shall deliver the Building to Tenant may also use on the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises Delivery Date in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storagecompliance with all Laws, including without limitationlimitation the Americans with Disabilities Act and all Environmental Requirements (as defined in Paragraph 5.2(a)(2), storage below), and Landlord hereby represents and warrants that, as of trucks and other vehiclesthe Lease Date, is prohibited without Landlord's prior Landlord has not received any written consentnotice of noncompliance with respect to the Property. At its sole expense, Landlord shall correct any noncompliance noted by Tenant in writing during the period of one (1) year after the Premises Delivery Date (the “Warranty Period”). After the expiration of the Warranty Period, Tenant, at its sole expense, shall comply with all present and future Laws relating to the condition, use and occupy or occupancy of the Premises (and shall discharge its obligations under Paragraph 7.1 in compliance with all lawsLaws and shall make any repairs, includingalterations or improvements as required to comply with all such Laws), without limitationand shall observe the “Rules and Regulations” (as defined in Paragraph 28). The term “Laws,” as used in this Lease, the Americans With Disabilities Actmeans all statutes, ordersordinances, codes, rules, regulations, requirements, licenses, permits, certificates, judgments, ordinancesdecrees, regulationsorders or directives of any federal, codesstate, directivescounty or local governmental or quasi-governmental authority, permitsagency, licensesdepartment, covenants and restrictions board panel or court now in force or which may hereafter applicable be in force, as same may be amended. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb any occupant of property adjacent to the Premises (collectivelyProperty. Without limiting the foregoing, "Legal Requirements"). The the Premises shall not be used as a place for educational activities (other than Tenant’s internal training sessions), practice of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances medicine or any regulations promulgated thereunderof the healing arts, all as may be amended from time to timeproviding social services, for any governmental use (including embassy or consulate use), or for a personnel agency, studios for radio, television or other media, travel agency or reservation center operations or uses for any church or manufacturing use. Tenant shallshall not, at its expense, make any alterations or modifications, within or without the Premisesprior consent of Landlord, (i) bring onto the Property anything that are required by Legal Requirements related to Tenant's use may cause substantial noise, odor or occupation vibration, overload the floors in the Building or any of the PremisesBuilding Systems, or jeopardize the structural integrity of the Building or any part thereof; or (ii) connect to any electrical circuit in the Building any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. The term “Building Systems,” as used in this Lease, means the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing and sewer, electrical, fire protection, life safety, security and other systems in the Building and all components thereof. Notwithstanding anything to the contrary in this Lease, Tenant will shall not use be required to comply with or permit cause the Premises to be used for comply with any purpose Laws or in any manner that would void insurance requirements requiring the construction of alterations unless such compliance is necessitated solely due to Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance ’s particular use of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused any alterations performed by Tenant's use or occupation Tenant after completion of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseImprovements.
Appears in 1 contract
Sources: Lease Agreement (eHealth, Inc.)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof (collectively, "Legal RequirementsLEGAL REQUIREMENTS"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the cost Premises CONFIDENTIAL - DO NOT COPY so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 1,000 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA) related to Tenant's use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement (including, without limitation, compliance of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises with ADA).
Appears in 1 contract
Sources: Lease Agreement (Acusphere Inc)
Use. (a) The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and related general office use and for such other lawful purposes as may be incidental theretothereto (the "Permitted Use"); provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside Except as otherwise set forth in Section 14, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. .
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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, other than the obligation to pay Rent.
(c) Tenant shall have access to the Premises from and after the execution by both parties of this Lease, at Tenant's sole risk and expense, for the purpose of planning, design and implementation of the Tenant's data and telecommunication infrastructure and office space modifications (subject to Landlord's prior approval, which shall not be unreasonably withheld, conditioned or delayed), upon reasonable advance notice to Landlord and provided that Tenant furnishes Landlord with a certificate of insurance evidencing Tenant's commercial general liability insurance coverage prior to entry upon the Property.
(d) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project including, without limitation, common access from public streets, common driveways and the parking areas shown on the Parking Plan attached as an exhibit hereto, subject to such reasonable rules and regulations as Landlord may promulgate from time to time which Landlord agrees to enforce against tenants of the Project in a non-discriminatory manner.
Appears in 1 contract
Use. The Premises shall be used only for warehouse, industrial and electronics testing and related legal uses necessary or incidental thereto and any other permitted or legal use available to the purpose Tenant. Tenant represents and warrants that it has obtained (or will obtain) all required business licenses from the City of receiving, storing, shipping Mountain View and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use agencies having jurisdiction over the Premises for light manufacturingTenant’s permitted use of the Premises. Tenant is solely responsible for ensuring that its use of the Premises conforms with all applicable land use and zoning requirements. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, Tenant shall not be permitted to have outside storage of trucks and other vehicles, is prohibited without Landlord's prior written consentin the parking areas. 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, "the “Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. In the event that Landlord receives written notice from a governmental authority that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the date of this Lease without cost or expense to Tenant. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the PremisesPremises (but not research, development or office use in general) and in connection with any Tenant-Made Alterations or Tenant requests for governmental permits or approvals. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler creditscredits or the disallowance of the existing roof warranty. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s specific use or occupation of the PremisesPremises (but not warehouse, research, development or office use in general) or Tenant-Made Alterations, or because Tenant vacates the PremisesPremises prior to the end of the Lease Term, then Tenant shall pay the amount of such increase to Landlord. Any occupation Notwithstanding anything contained herein to the contrary, Tenant has agreed to (1) use commercially reasonable efforts to obtain a permit for the Electrical Work described on Exhibit D and (2) submit its request for a permit for the Electrical Work to the City of Mountain View no later than five (5) days after execution of the Premises Lease by Tenant. If the Tenant is unable to obtain the permit for the Electrical Work despite its commercially reasonable efforts within ninety (90) days after Tenant executes the Lease (the “Permit Contingency Period”), then Tenant may terminate this Lease upon (a) written notice to Landlord received prior to the expiration of the Permit Contingency Period and (b) payment of a termination fee (the “Termination Fee”) of $25,000 to reimburse Landord for its costs and expenses related to the design, planning, negotiation and documentation of the Lease transaction and all lease termination expenses. Upon such termination, Landlord shall be entitled to retain any Gross Rent paid by Tenant prior to the Commencement Date date of such termination and to retain the Termination Fee. Landlord and Tenant agree that the Termination Fee, and any Gross Rent paid by Tenant prior to termination, constitute a fair and reasonable approximation of the costs and expenses incurred by Landlord in connection with the Lease transaction and the termination of the Lease. Tenant shall be subject provide Landlord with weekly updates on the status of the permit for the Electrical Work and, upon receipt of the permit from the City, Tenant shall promptly provide Landlord with a copy of the same and waive in writing its right to all obligations terminate under this Paragraph 3. If Tenant receives the permit for the Electrical Work during the Permit Contingency Period, or fails to send a notice of termination under this Paragraph 3 before the expiration of the Permit Contingency Period, then this Lease shall continue in full force and effect, and Tenant shall no longer have any right under this Paragraph 3 to terminate this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, inspecting, photographing, order fulfillment and returns, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products such as garments, furniture, art and other associated products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent. Subject to Legal Requirements (as hereinafter defined) during the Lease Term, Tenant may also use shall be entitled to access of the Premises for light manufacturing24 hours per day, seven days per week, 365 days per year. 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 Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of . Outside storage is prohibited at the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all federal, state, local, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. The Premises shall not be used for residential purposes. Tenant shall, at its expense, make any alterations or modifications, within at the Premises or without the PremisesProject, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises as opposed to general warehouse and distribution use. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Tenant will not use In the event that Landlord receives notice, or permit is otherwise informed, that the Premises to be used for any purpose or is not in any manner that would void Tenant's or Landlord's insurance, increase compliance with applicable Legal Requirements existing as of the insurance riskCommencement Date, or cause which come into effect after the disallowance Commencement Date, and such non-compliance is not related to Tenant’s specific use of any sprinkler credits. If any increase in the cost of any insurance on the Premises or Tenant-Made Alterations to the Project is caused Premises performed by Tenant's use , Landlord shall make such modifications as may be required by order or occupation directive of the Premisesapplicable governmental authority, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase otherwise brought to Landlord’s knowledge, in order to bring the Premises into compliance with such applicable Legal Requirements without cost or expense to Tenant. Any 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 Monthly Base Rent, Fixed Operating Expenses and Taxes. Notwithstanding anything contained herein to the contrary, Tenant shall provide notice to Landlord that Tenant, or Tenant’s agents, contractors, or employees, requires access to the roof of the Building, along with the date such access is required, prior to accessing the roof of the Building. Tenant shall follow all Legal Requirements, including, but not limited to, OSHA requirements when employees, contractors, or agents access the roof of the Building and shall use reasonable and appropriate safety precautions in order to ensure such employees, contractors, or agents are not subject to injury or death. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Tenant shall have the right to place and maintain at all times, at Tenant's sole cost and expense, during the Lease Term in a dock position serving the Premises, one generator that shall be utilized by Tenant in connection with its business operations and subject to Landlord’s approval of the plans and specification therefor in accordance with Paragraph 13, supplemental HVAC units on the roof of the Building (the “Supplemental Units”). Subject to ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ shall have no liability whatsoever in connection with such generator, and Tenant shall be liable for any damage arising from Tenant’s installation, use and maintenance of such generator, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Parties. Notwithstanding anything to the contrary contained herein, Tenant shall be required to comply with the obligations set forth in Exhibit I for any installations involving the roof of the Building.
Appears in 1 contract
Sources: Lease Agreement (TheRealReal, Inc.)
Use. The Premises shall be used only for the purpose of receiving, storing, manufacturing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made manufactured and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, Premises that are required by Legal Requirements related to Tenant's ’s use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord agrees that it will include in all leases for the Building, a covenant prohibiting the Building’s tenants from emitting unpleasant odors, smoke, dust, gas or vibrations from its premises such as to effect in a materially adverse way, the operations of Tenant hereunder. In the event that a Building 13 tenant violates the afore-said covenant, Tenant shall give written notice of such violation to Landlord and Landlord shall have a commercially reasonable time following its receipt of such notice to cause the offending tenant to cease such actions. In the event that Landlord fails to cure the violation within a commercially reasonable time, Tenant shall be entitled to request that Landlord assign to Tenant all of its rights and remedies against the offending tenant under the lease between Landlord and the offending tenant and Landlord shall assign same within three (3) business days of receiving a request for same. Thereafter, Tenant shall be entitled to prosecute an action against the offending tenant in Landlord’s or Tenant’s name, including, but not limited to, seeking and obtaining a temporary or permanent injunction enjoining the offending tenant from continuing with the prohibited actions. Tenant shall advise Landlord of any such prosecution actions and allow Landlord to reasonably participate in such actions.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises and Tenant’s Outside Areas shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Uses and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, whatsoever. Tenant may also use shall not do or permit any party under its control to do in or about the Premises or Tenant’s Outside Area anything which is prohibited by law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted or which will in any way obstruct or interfere with the rights of other tenants in the Building. Tenant will not allow any signs, cards or placards to be posted, or placed within the Premises such that they are visible outside of the Premises except as specifically provided for light manufacturingin this Lease. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on in the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its sole cost and expense, make upon written notice from Landlord, immediately discontinue any alterations use of the Premises or modificationsTenant’s Outside Areas which is declared by any governmental authority having jurisdiction to be a violation of law or of the certificate of occupancy. Tenant shall promptly comply, within at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or without requirements now in force or which may hereafter be imposed which shall by reason of Tenant's Permitted Uses or occupancy of the PremisesPremises or use of the Tenant’s Outside Area, that are required by Legal Requirements related impose any duty upon Tenant or Landlord with respect to Tenant's use Permitted Uses or occupation of occupation. Notwithstanding anything to the Premises. contrary herein, Tenant will shall not use or permit have any obligation with respect to, and Landlord, at Landlord's sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended ("ADA"), unless such compliance is necessitated solely due to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s particular use or occupation of the Premises, upon which Tenant, at Tenant’s sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all such laws. In no event shall Tenant be required to bring any portion of the Property outside of the Premises into compliance with laws unless the same is required by the alterations described on Tenant’s Development Permit or because the Tenant vacates Improvements (as opposed to the mere installation of alterations, generally) (collectively, a “Tenant Code Compliance Obligation”). For clarity, if the Property is in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of the undertaking of Tenant Improvements will be a Tenant Code Compliance Obligation, and if the Property is not in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of such non-compliance will be a Landlord obligation. The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date Building or Property shall be subject to all obligations conclusive of Tenant under this Leasethat fact as between Landlord and Tenant.
Appears in 1 contract
Use. (a) The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or or distributed by Tenant Tenant, for a data center and for such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall not use the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant that Landlord shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject deliver the Premises to use that would damage the PremisesTenant in a condition which is in compliance with all Laws. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noiselight, noise or vibrations to emanate from the Premises, or ; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or person; nor permit the Premises to be used for any purpose or in any manner that would (1) void Tenant's or Landlord's insurancethe insurance theron, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred by Landlord, which is caused by Tenant's use or occupation of the Premises, Premises or because Tenant vacates the Premises.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, then Tenant shall pay in common with others, any parking areas associated with the amount Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of such increase ingress and egress of other tenants and their employees, agents and invitees. Landlord agrees to Landlord. Any occupation provide at least one (1) parking space for every two hundred eight-five (285) square feet of space leased within the building for the common use of all of the Premises by Tenant prior tenants of the Building.
(c) Landlord shall have the right to establish and amend from time to time, rules and regulations governing all tenants' uses and occupancy of the Commencement Date shall be subject to all obligations Building (provided the same are reasonable, non-discriminatory and uniformly enforced), and provided further that in the event of Tenant under a conflict between those rules and this Lease, the Lease shall control.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Techdyne Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance for the purposes set forth above and for no other purpose. The Tenant shall comply with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgmentsand regulations of the Federal, ordinancesState, regulationsand Municipal Governments, codesor any of their departments, directives, and the regulations of the Board of Fire Underwriters governing such use. Tenant shall procure and maintain in force during the Term all permits, licensesauthorizations, and licenses necessary for Tenant's business use and operation in the premises. Tenant covenants that neither it nor any assignee nor subtenant will (a) use or permit to be used any part of the Premises for any dangerous or noxious trade or business, (b) transport to or from, dispose of, use, store, handle, or generate any flammable substances or explosives or hazardous or toxic substances in quantities or concentration which are unsafe or otherwise not suitable for the Premises, (the foregoing shall not be construed to prohibit Tenant from using the Premises for reasonable and restrictions now or hereafter applicable suitable laboratory purposes, provided accepted laboratory safety procedures and precautions appropriate to the Premises are employed), or (collectivelyc) cause or maintain any nuisance, "Legal Requirements")waste, or injury to the Premises. The Premises Tenant shall not be used as a place of public accommodation under conform to the Americans With Disabilities Act Rules and Regulations now or similar state statutes or local ordinances or any regulations promulgated thereunderhereinafter established by Landlord, all as may be amended and changed from time to time. Tenant shall, at its expensefor the general safety, make any alterations or modificationscare, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation and cleanliness of the entire Premises; the preservation of good order therein; and the comfort, quiet, and convenience of the other tenants. The Tenant will shall not use without Landlord's written consent: (a) abandon the Premises or permit suffer the Premises to be used for any purpose become vacant or deserted; (b) assign, mortgage, pledge or encumber this Lease, in whole or in any manner that would void Tenant's part; (c) underlet 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 sublet the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany part thereof.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to both wholesale and retail sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental theretoTenant; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing, repair and service; for a catalog telephone sales center; and for any other lawful purposes. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Subject to the provisions of this Lease (including, without limitation, this Section 3 regarding compliance with laws), Tenant will use the Premises in a careful, safe and proper manner manner, in compliance with all Private Restrictions (as defined below), in compliance with all Legal Requirements (as defined below), and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance nuisance. Except as set forth in the attached Exhibit "G", the Original Premises are not subject to any rights-of-way, easements, covenants, conditions, restrictions, reciprocal parking agreements or would disturbother private agreements which affect the use or enjoyment of the Original Premises, unreasonably interfere withauthorize the use of the Original Premises for parking or vehicular/pedestrian ingress or egress, or endanger which subject the Premises to any open space, setback or other use limitations (collectively the "Private Restrictions"). Landlord or shall not voluntarily subject the Premises to any tenants of the Project. Outside storage, including Private Restrictions without limitation, storage of trucks and other vehicles, is prohibited without LandlordTenant's prior written consent. If Landlord fails to obtain Tenant's written consent prior to subjecting the Premises to any Private Restrictions after the date of this Lease, then Tenant shall not be responsible for any costs involved in complying with the requirements of any such Private Restrictions and (if such Private Restriction materially and adversely affects Tenant's use and enjoyment of the Premises) such action shall (at Tenant's option) constitute an event of default under this Lease. As of the Rent Commencement Date with respect to the Original Premises, and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, the Original Premises shall comply with all Private Restrictions and all Legal Requirements (as hereinafter defined). As of the commencement of the Term with respect to any Expansion Premises (if applicable), and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, such Expansion Premises shall comply with all Private Restrictions and all Legal Requirements. Following the substantial completion of Landlord's Work with respect to the Original Premises and/or any Expansion Premises (as the case may be), the delivery of a Certificate of Occupancy, and subject to Landlord's correction of any Punch List Items and performance and discharge of any warranty obligations under the Work Letter, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"); provided, however, that Tenant shall not be required to construct or install any capital or structural improvements, alterations, modifications or additions to the Premises unless the need for such capital or structural improvements, alterations, modifications or additions are the result of Tenant's particular use of the Premises and are not the result of governmental requirements imposed on buildings generally available for human occupancy. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, insurance or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant's use of the Premises for the uses permitted herein shall not result in an increase in Landlord's insurance costs or risks. Tenant shall have the right to enter the Original Premises prior to the Commencement Date and/or any Expansion Premises prior to the commencement of the Term with respect to such Expansion Premises for purposes of inspecting the construction of Landlord's Work. Tenant shall have the right to enter, use and occupy the Original Premises prior to the Rent Commencement Date for purposes of improving and altering same, inspecting the construction of Landlord's Work, and installing furniture, equipment, and trade fixtures therein. Any early entry by Tenant under this Section 3 shall be conducted in a manner so as not to interfere with Landlord's construction of Landlord's Work. If Landlord believes that Tenant's early entry into the Premises is interfering with the construction of Landlord's Work, Landlord shall notify Tenant in writing and Tenant shall cease such interference within three (3) days after the service of such notice. If Tenant believes that its early occupancy of the Premises is not interfering in Landlord's construction of Landlord's Work, such dispute shall be settled by an architect in the manner prescribed by Section 28 of the Lease. Any occupation of the Original Premises by Tenant after the Commencement Date but prior to the Rent Commencement Date shall be subject to all obligations of Tenant under this Lease, except for the provisions of this Lease relating to the payment of annual Base Rent or additional rent. Tenant shall be entitled to the exclusive use of all parking at the Premises. Tenant shall have the right to ▇▇▇▇ all parking spaces on the Premises as being for the exclusive use of Tenant and its agents, employees and invitees and to remove any unauthorized vehicles parking therein. Landlord agrees not to construct any alterations, additions, or buildings on the Premises that reduce the number of parking stalls at the Premises or that interfere with vehicular or pedestrian access to the Premises.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping executive offices and selling (but limited to wholesale sales) products, materials pharmaceutical research and merchandise made and/or distributed by Tenant medical device research and manufacturing and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the PremisesPremise. Tenant shall not it's reasonable control permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, vehicles is prohibited without Landlord's prior written consent. Landlord warrants it has received no notice from any government authority that the Premises are not in compliance with the Americans With Disabilities Act and Landlord shall maintain the exterior of the Premises in compliance with the ADA. Tenant, at its sole expense, shall use and occupy Occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, environmental laws regulating the handling, use and storage of hazardous materials, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, Premises that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, insurance or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the PremisesPremises prior to the expiration of its Lease, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (ULURU Inc.)
Use. The Premises shall be used only for general office and warehouse purposes, including the purpose design and prototyping of receiving, storing, shipping and selling (but limited to wholesale sales) various medical products, materials for such other uses as may be designated on the Data Sheet and merchandise made and/or distributed by Tenant and only for such other lawful purposes as may be incidental thereto. Outside storage including, without limitation, storage trucks and other vehicles, outside garbage containers and outdoor furniture are prohibited. Tenant shall be obligated to keep the area surrounding the garbage dumpster free from trash and debris and in a clean and sanitary condition. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with Landlord's prior written consentany governmental laws, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionordinances, liquidationregulations, orders, or going out directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of business sale on the Premises. Tenant will Tenant's specific 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 PremisesBuilding, in which event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or nor take any other action that would may constitute a nuisance or would disturb, unreasonably interfere with, may disturb or endanger Landlord or any other tenants of the Project. Outside storageBuilding or neighboring buildings, including without limitation, storage of trucks and or unreasonably interfere with any other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenanttenant's use or occupation of the Premisesits premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner manner, including, without limitation, the storage or parking of automobiles or trailers, nor any method of storage that would void Tenant's or Landlord's insurance, increase render the insurance risk, on the Building or cause the disallowance of any sprinkler creditsProperty void or the insured risks more hazardous. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord for the Premises or the Project Property is caused by Tenant's use or occupation and occupancy of the Premises, or because Tenant vacates the Premises, then Tenant shall pay to Landlord as additional rent the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseincrease.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc)
Use. The A. Sublessee may use the Subleased Premises shall be used only for the purpose uses identified in Section 1(K) of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingMaster Lease. Tenant Sublessee shall not conduct use, store, transport or give notice dispose of any auction, liquidation, Hazardous Material in or going out of business sale on about the Subleased Premises. Tenant will use Without limiting the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure generality of the Premises foregoing, Sublessee, at its sole cost, shall comply with all Environmental Laws. If Hazardous Materials used, generated, stored, released or subject disposed of by Sublessee, its agents, employees, contractors or invitees are discovered on or under the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Subleased Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenantthen Sublessee, at its sole expense, shall use promptly take all action necessary to return the Subleased Premises to the condition existing prior to the appearance of the Hazardous Material. Sublessee shall indemnify, defend with counsel reasonably acceptable to Sublessor and occupy the Premises in compliance with hold Sublessor harmless from and against all lawsclaims, includingactions, without limitationsuits, the Americans With Disabilities Act, ordersproceedings, judgments, ordinanceslosses, regulationscosts, codespersonal injuries, directivesdamages, permitsliabilities, licensesdeficiencies, covenants fines, penalties, damages, attorneys’ fees, consultants’ fees, investigations, detoxifications, remediations, removals, and restrictions now or hereafter applicable expenses of every type and nature, to the extent caused by the release, disposal, discharge or emission of Hazardous Materials on or about the Subleased Premises (collectivelyduring the Term of this Sublease by Sublessee or its agents, "Legal Requirements"). The Premises contractors, invitees or employees.
B. Sublessee shall not do or permit anything to be used as a place done in or about the Subleased Premises which would (i) injure the Subleased Premises; or (ii) vibrate, shake, overload, or impair the efficient operation of public accommodation under the Americans With Disabilities Act Subleased Premises or similar state statutes the sprinkler systems, heating, ventilating or local ordinances air conditioning equipment, or utilities systems located therein or (iii) interfere with the use of the Building or the Project by any other occupant or cause any noise with may be heard outside of the Subleased Premises. Sublessee shall comply with all reasonable rules and regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required time by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseSublessor and Master Lessor.
Appears in 1 contract
Sources: Sublease (Actel Corp)
Use. The Premises Promises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use --- purpose without the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building: Tenant shall conduct its business and control its agent; servant; contractors, employee; customers, Licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way unreasonably interfere with Landlord in the management arid operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, Orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, at its sole expensecost and expense (except to the extent properly included in Basic Costs), shall use be responsible for correcting any violations of Title III of the Americans with Disabilities Act and/or applicable building, fire and occupy safety codes with respect to the Premises and the Common Areas of the Building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that: (i) arise out of the Landlord Work and/or (ii) of necessity, would require alterations to the basic structure of the Building, e.g. the placement of support columns, elevator shafts, exterior watts at public stairs. Notwithstanding the foregoing, Landlord shall ▇▇▇▇ the right to contest any alleged violation in compliance with all lawsgood faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, ordersthe right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now judgments or hereafter applicable rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will make any repairs, additions, alterations or improvements necessary to comply with the notice of violation. Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant's business in the premises (other than general office use), the acts or omission of Tenant, its agents, employees and contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any design or configuration of the Premises (collectively, "Legal Requirements"). The Premises shall specifically requested by Tenant after being informed that such design or configuration may not be used as a place in strict compliance with applicable coda Tenant wilt comply with the rules and regulations of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended Building adopted an▇ ▇▇tered by Landlord from time to timetime and will cause all of its agents, servants, contractors employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant shall, at its expense, make agrees not to commit or allow any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises waste to be used for committed on any purpose or in any manner that would void Tenant's or 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 portion of the Premises, or because Tenant vacates and at the Premisestermination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof. Subject to (i) the terms of this Lease, then (ii) events of Force Majeure and (iii) any reasonable security measures adopted by Landlord, Tenant shall pay have access to the amount of such increase to Landlord. Any occupation of Building and the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetwenty-tour (24) hours a day, 365/6 days per year.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, 10.1 Tenant may also use the Premises for light any lawful purpose consistent with (i) CP zoning existing as of the Commencement Date under the Ground Lease or which would be permitted under MP zoning regulations as modified by Exhibit "I" to the Ground Lease, except for residential or heavy industrial use, or for use primarily for manufacturing. Tenant , laboratories, cocktail lounges or outdoor storage or for use as a service station or warehouse, except that warehouse use incidental to any other use permitted hereunder shall not conduct or give notice violate this Section 10.1; (ii) any other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises; and (iii) all covenants, conditions and restrictions recorded against the Real Property as of any auctionthe date this Lease is executed, liquidationand shall not use the Premises, or going out permit or suffer the Premises to be used, for any other purpose without the prior written consent of business sale on Landlord. Landlord warrants that, as of the date this Lease is executed and as of the Term Commencement Date, Tenant's intended use of the Premises as an internet service provider and diversified computer sales, services and training company, including office, administrative, marketing, software development, research development and other activities related thereto, are permitted uses under the zoning regulations mentioned above and, to the best of Landlord's knowledge, under other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises. Landlord represents and warrants that there are no covenants, conditions and restrictions on the Real Property which will interfere with Tenant's intended use of the Premises.
10.2 Tenant will shall use the Premises in a carefulcompliance with all federal, safe state, and proper manner local laws, regulations, ordinances, requirements, permits and will not commit waste, overload the floor or structure of the Premises or subject the Premises approvals applicable to use that would damage the Premises. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawsviolation of any law or regulation, includingor the certificate of occupancy issued for the Building, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon five (5) days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseuse.
Appears in 1 contract
Sources: Lease (Globix Corp)
Use. The Premises shall be used and occupied only for the purpose of receivinggeneral office, storingadministration, shipping research and selling (but limited to wholesale sales) productsdevelopment and other legal uses not expressly prohibited herein, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, use or purpose. Landlord shall deliver the Building to Tenant may also use on the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises Delivery Date in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storagecomphance with all Laws, including without limitationlimitation the Americans with Disabilities Act and all Environmental Requirements (as defined in Paragraph 5.2(a)(2), storage below), and Landlord hereby represents and warrants that, as of trucks and other vehiclesthe Lease Date, is prohibited without Landlord's prior Landlord has not received any written consentnotice of noncompliance with respect to the Property. At its sole expense. Landlord shall correct any noncompliance noted by Tenant in writing during the period of one (1) year after the Premises Delivery Date (the "Warranty Period"). After the expiration of the Warranty Period, Tenant, at its sole expense, shall comply with all present and future Laws relating to the condition, use and occupy or occupancy of the Premises (and shall discharge its obligations under Paragraph 7.1 in compliance with all lawsLaws and shall make any repairs, includingalterations or improvements as required to comply with all such Laws), without limitationand shall observe the "Rules and Regulations" (as defined in Paragraph 28). The term "Laws," as used in this Lease, the Americans With Disabilities Actmeans all statutes, ordersordinances, codes, rules, regulations, requirements, licenses, permits, certificates, judgments, ordinancesdecrees, regulationsorders or directives of any federal, codesstate, directivescounty or local governmental or quasi-governmental authority, permitsagency, licensesdepartment, covenants and restrictions board panel or court now in force or which may hereafter applicable be in force, as same may be amended. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb any occupant of property adjacent to the Premises (collectivelyProperty. Without limiting the foregoing, "Legal Requirements"). The the Premises shall not be used as a place for educational activities (other than Tenant's internal training sessions), practice of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances medicine or any regulations promulgated thereunderof the healing arts, all as may be amended from time to timeproviding social services, for any governmental use (including embassy or consulate use), or for a personnel agency, studios for radio, television or other media, travel agency or reservation center operations or uses for any church or manufacturing use. Tenant shallshall not, at its expense, make any alterations or modifications, within or without the Premisesprior consent of Landlord, (i) bring onto the Property anything that are may cause substantial noise, odor or vibration, overload the floors in the Building or any of the Building Systems, or jeopardize the structural integrity of the Building or any part thereof; or (ii) connect to any electrical circuit in the Building any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. The term "Building Systems," as used in this Lease, means the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing and sewer, electrical, fire protection, life safety, security and other systems in the Building and all components thereof. Notwithstanding anything to the contraiy in this Lease, Tenant shall not be required by Legal Requirements related to comply with or cause the Premises to comply with any Laws or insurance requirements requiring the construction of alterations unless such compliance is necessitated solely due to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 any alterations performed by Tenant's use or occupation Tenant after completion of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to LandlordImprovements. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.11 WEST\225501828.8
Appears in 1 contract
Sources: Sublease (eHealth, Inc.)
Use. A. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, purpose. Tenant may also agrees not to use or permit the use of the Premises for light manufacturing. Tenant shall not conduct any purpose which is illegal or give notice dangerous, which creates a nuisance or which would increase the cost of any auction, liquidation, or going out of business sale on insurance coverage with respect to the PremisesBuilding. Tenant will use conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or disturb other tenants or Landlord in the management of the Property. Tenant will maintain the Premises in a carefulclean and healthful condition, safe and proper manner comply with all laws, ordinances, orders, rules and will not commit wasteregulations of any governmental entity with reference to the use, overload the floor condition, configuration or structure occupancy of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not, and shall not permit allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any objectionable dangerous or unpleasant odorshazardous materials, smokeexcept for customary office and cleaning supplies, dustprovided Tenant uses, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants stores and disposes of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentsame in compliance with all applicable law. Tenant, at its sole expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and uniformly enforced against all tenants at the Property, and Tenant will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall use be sent by Landlord to Tenant in writing, will not diminish Tenant’s rights under this Lease, and occupy will not prohibit Tenant from conducting its business for the Premises uses permitted by this Lease in compliance with all laws, including, without limitationa commercially reasonable manner. In the event of a conflict between the rules and regulations and the terms of this Lease, the Americans With Disabilities Actterms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in a discriminatory manner.
B. Tenant represents, orders, judgments, ordinances, regulations, codes, directives, permits, licenseswarrants, covenants and restrictions now agrees that, except as otherwise provided herein, Tenant and its employees, agents, contractors and/or invitees (i) will not (a) use, introduce or hereafter applicable to the Premises maintain any hazardous or toxic chemical, material, substance or waste (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation “Hazardous Materials”) in, on, under the Americans With Disabilities Act or similar state statutes or local ordinances or about any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation portion of the Premises. Tenant will not use Premises or permit the Premises to be used for Building or (b) conduct any purpose activity or activities in any manner that would void Tenant's or 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 Building involving, directly or indirectly, the use, generation, treatment, storage, disposal or release of any Hazardous Materials and (ii) shall not be, nor permit the Premises to be, in violation of any applicable local, state or federal environmental laws, statutes or ordinances (or the rules and regulations promulgated thereunder) (“Environmental Laws”); provided that Tenant may use customary office and cleaning supplies and the lab set forth above (including a few small tanks of inert gases for use with some of Tenant’s equipment) in the definition of Permitted Use so long as the same are used, stored and disposed of in compliance with, and in quantities not reportable under, all applicable Environmental Laws. Tenant indemnifies Landlord and its lenders and shall hold them harmless from and against any and all loss, cost, damage, liability and expense arising in connection with any breach by Tenant's use or occupation Tenant of any of the Premisesrepresentations, warranties, covenants and agreements set forth herein. The provisions of this paragraph shall survive the expiration or because Tenant vacates earlier termination of the PremisesLease.
C. Notwithstanding anything to the contrary set forth above, then Tenant shall pay have no liability for any Hazardous Materials located on the amount of such increase to Landlord. Any occupation of Property which existed in the Premises on the date of Tenant’s possession thereof unless the same were introduced by Tenant prior to the Commencement Date or any of its officers, directors, employees, managers, agents, invitees or contractors. Landlord shall be subject to all obligations responsible for removing any Hazardous Materials located on or in the Premises in violation of Environmental Laws on the date of Tenant’s possession thereof unless the same were introduced by Tenant under this Leaseor any of its officers, directors, employees, managers, agents, invitees or contractors.
Appears in 1 contract
Sources: Office Lease Agreement (Lpath, Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises solely for the Permitted Use specified in compliance with all lawsthe Summary, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be used for any manner improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that would void Tenant's will obstruct or Landlord's insuranceinterfere with the rights of other tenants or occupants of the Building or the Property, increase the insurance riskif any, or cause the disallowance of injure or annoy them. Tenant shall not cause, maintain or permit any sprinkler credits. If any increase in the cost of any insurance nuisance in, on the Premises or the Project is caused by Tenant's use or occupation of about the Premises, the Building or because the Property, nor commit or suffer to be committed any waste in, on or about the Premises. Without limiting the foregoing, Tenant vacates agrees that the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any cannabis containing substances (“Cannabis”), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the Premises, then Tenant any Cannabis. The prohibitions in this paragraph shall pay the amount of apply to all Cannabis, whether such increase to LandlordCannabis is legal for any purpose whatsoever under state or federal law or both. Any occupation failure by Tenant to comply with each of the Premises by Tenant prior terms, covenants, conditions and provisions related to Cannabis shall automatically and without the Commencement Date shall requirement of any notice be a Default that is not subject to cure, and Tenant agrees that upon the occurrence of any such Default, Landlord may elect, in its sole discretion, to exercise all obligations of Tenant its rights and remedies under this Lease, at law or in equity with respect to such Default. Furthermore, Tenant is prohibited from engaging or permitting others to engage in any activity which would be a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable law relating to the medicinal use and/or distribution of Cannabis.
Appears in 1 contract
Sources: Commercial Lease (Boxabl Inc.)
Use. (a) The Premises shall be used only for general office purposes only, except as limited by Paragraph 6(b), and, subject to the terms of this Lease, uses incidental thereto, and shall be used for no other purpose without the prior written consent of receivingLandlord. The use of an existing kitchen facility located in the Premises, storingsubject to the terms of this Lease, shipping and selling is deemed an incidental use.
(but limited b) Tenant shall in no way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them, or use, or allow the Premises to wholesale sales) productsbe used for any unlawful or objectionable purpose. Tenant may not use any part or all of the Premises for any retail operations; a medical or dental office; an office providing any type of psychological, materials and merchandise made and/or distributed or drug counseling or employment placement or agency, office; telemarketing operations; consulate, foreign mission or trade office; government or regulatory agency office; educational institution with classrooms, or similar uses. Solicitations or promotions by Tenant and for such to other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, tenants in the Building are prohibited.
(c) Tenant may also shall not use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, permit anything to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit Building which will in any objectionable way conflict with any present or unpleasant odorsfuture law, smokestatute, dustordinance, gascode, noiserule regulation, requirement, license, permit, certificate, judgment, decree, order or vibrations to emanate from the Premisesdirection of any present or future governmental or quasi-governmental authority, agency, department, board, panel or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks court (singularly and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, collectively "Legal RequirementsLaws"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make promptly comply with all Laws (including without limitation, the Federal Americans with Disabilities Act and any alterations Hazardous Materials Laws (as hereinafter defined), and with the requirements of any board of fire insurance underwriters or modificationsother similar bodies now or hereafter constituted, within relating to or without affecting the Premisescondition, that are required by Legal Requirements related to Tenant's use or occupation occupancy of the Premises. It is the intent of the parties to allocate to Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of compliance of any insurance on and all Laws, regardless of the existing condition of the Premises, the cost of compliance or the foreseeability of the enactment or application of the Laws to the Premises. Notwithstanding the foregoing, Tenant shall not be required to make structural changes to the Premises unless they arise or the Project is caused by are required because of or in connection with Tenant's specific use or occupation of the Premises, or because the type of business conducted by Tenant vacates in the Premises, then or Tenant's Alterations, or Tenant's acts or omissions. Tenant shall pay obtain and maintain in effect during the amount Term all licenses and permits required for the proper and lawful conduct of Tenant's business in the Premises, and shall at all times comply with such licenses and permits.
(d) Supplementing the provisions of Paragraph 6(c) above, Tenant shall not use the Premises or any portion of the Building in violation of any federal, state, or local law, ordinance, or regulation relating to the environment, health, or safety. Tenant shall not use, generate, manufacture or store in or about the Premises or the Building or transport to or from the Premises or the Building any explosives, radioactive materials, hazardous materials, hazardous wastes, asbestos, PCB transformers, toxic substances or related materials (collectively "Hazardous Materials"), other than the use and storage in the Premises of small quantities of such increase substances when found in commonly used household cleansers, office supplies and general office equipment, and any such substances shall be used, kept, stored and disposed of in strict accordance with all applicable federal, state and local laws now in force or which may hereafter be in force relating to Landlord. Any occupation the protection of human health or the environment from Hazardous Materials, including all requirements pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, storage, disposal or releases of Hazardous Materials and all requirements pertaining to the protection of the Premises health and safety of employees or the public with respect to Hazardous Materials (collectively, "Hazardous Materials Laws"). Hazardous Materials shall include, without limitation, substances defined as "hazardous substances", "hazardous materials", "toxic substances", "hazardous waste" or "waste" in the Comprehensive Environmental Response. Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in subdivision (f) of Section 25281, and Section 25316, of the California Health & Safety Code; and any "waste" as defined in subdivision (d) of Section 13050 of the Water Code; and in the regulations adopted and publications promulgated pursuant to any of the aforementioned said laws; and in any revised or successor code thereto; and any other chemical, material or substance at levels for which exposure is prohibited, limited or regulated by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany governmental authority.
Appears in 1 contract
Sources: Lease Agreement (Quokka Sports Inc)
Use. The 6.1 Tenant shall use and permit the use of the Premises shall be used only for the purpose construction, maintenance, repair, replacement and operation of receivingthe Facilities and any Increased Capacity Improvements, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be any uses associated therewith or incidental thereto; provided, however, with Landlord's prior written consent. Further, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionplant, liquidationirrigate, or going out of business sale fertilize, nurture and harvest crops on the Premises. , or permit licensees or subtenants to do the same, and any rentals from such agricultural use shall belong exclusively to Tenant.
6.2 Tenant will use shall, at Tenant's expense, promptly comply with all Laws now in effect or which may hereafter come into effect during the Premises term hereof, relating in a careful, safe and proper any manner and will not commit waste, overload the floor or structure of to the Premises or subject the Premises to occupation and use that would damage by Tenant of the Premises. Tenant shall conduct its business in a lawful and commercially reasonable manner, and shall not use or permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants use of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance any manner that will create waste or nuisance. Except as otherwise provided in this Lease, Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Damages which may be imposed upon or incurred by Landlord or asserted against Landlord by any third Person, arising out of or attributable to Tenant's operations on the Premises.
6.3 Notwithstanding Section 6.2 hereof (in which the clause "in all material respects" has not been used to modify the effect of the word "comply" in the first sentence thereof), Tenant shall, at Tenant's expense, comply in all material respects with all lawsenvironmental Laws now in effect or which may come into effect during the term hereof, including, without limitation, the Americans With Disabilities Resource Conversation and Recovery Act, ordersthe Comprehensive Environmental Response, judgmentsCompensation and Liability Act, ordinancesthe Hazardous Materials Transportation Act, regulationsthe Toxic Substances Control Act, codesthe Clean Air Act, directivesthe Clean Water Act, permitsthe California Hazardous Waste Control Act, licensesthe California Hazardous Substance Act, covenants the ▇▇▇▇▇▇-Cologne Water Quality Control Act and restrictions all applicable regulations promulgated pursuant thereto.
6.4 Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Damages which may be imposed upon or incurred by Landlord or asserted against Landlord by any third Person in connection with any violation of the provisions of Section 6.3 hereof, arising out of or attributable to (a) the assets, business, or operations of Tenant at or on the Premises or (b) any acts or omissions of or by Union Oil Company of California on the Premises prior to March 31, 1993, which, were said Union Oil Company of California a party hereto, would constitute a material violation of Section 6.3 hereof.
6.5 Without in any way limiting the scope of Tenant's obligations under the indemnification provisions of Section 6.4 hereof, Tenant shall be responsible for all investigations, studies, cleanup, corrective action or response or remedial action required by any local, state or federal governmental agency now or hereafter authorized to regulate environmental matters or by any consent decree, or court or administrative order now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required or by Legal Requirements any Law now or hereafter in effect.
6.6 As between Landlord and Tenant, Tenant shall have the responsibility and right to manage and control all investigations and any environmental cleanup, remediation, or related to Tenant's use activities, and may negotiate with and fulfill any requirements or occupation claims made by a governmental entity or third party, and may settle or contest such requirements or third-party claims.
6.7 Tenant hereby accepts the Premises in its condition existing as of the Premises. Tenant will not Effective Date, subject to all applicable Laws governing and regulating the use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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, and all recorded easements, covenants, conditions, restrictions and other matters of record (including, without limitation, the Geothermal Lease), and Tenant accepts this Lease subject thereto. Tenant acknowledges that it has satisfied itself by its own independent investigation that the Premises are suitable for its intended use, and that neither Landlord nor Landlord's agents or because Tenant vacates employees has made any representation or warranty as to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation present or future suitability of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations conduct of Tenant under this LeaseTenant's business.
Appears in 1 contract
Sources: Ground Lease (Ce Generation LLC)
Use. The Premises shall be continuously used by Tenant, but only for the purpose of receivingmanufacturing and warehousing high-speed automated production equipment, storinggeneral office use relating to same, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes (expressly excluding retail) as may be incidental thereto; providedthereto and expressly permitted by Landlord, howeverin writing. Tenant shall, with at its own cost and expense, obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated herein (including, without limitation, overnight parking of trucks and other vehicles) are prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctioncomply with all governmental laws, liquidation, or going out of business sale on ordinances and regulations applicable to the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or subject nuisances (other than those of a third party) in or upon or connected with, Tenant's use of the Premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the reasonable consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Premises to use that would damage comply, with such laws, ordinances and regulations. Tenant hereby assumes the obligation to maintain the Premises, at its sole cost and expense, in compliance with the Americans With Disabilities Act, only to the extent Tenant's use triggers compliance, and subject to the foregoing provisions, alter the Premises to comply with same. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the ProjectBuilding or unreasonably interfere with such tenants, use of their respective premises or permit any use which would adversely affect the reputation of the Building. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises to be used for any purpose purpose, or in any manner that which would render the insurance thereon void Tenant's or Landlord's insurance, increase the insurance riskrate thereof, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of immediately cease and desist from such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to use, paying all obligations of Tenant under this Leasecosts and expenses resulting from such improper use.
Appears in 1 contract
Sources: Lease Agreement (Dt Industries Inc)
Use. The TENANT’S use of the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) productsgeneral office use, materials light industrial manufacturing, warehousing and merchandise made and/or distributed by Tenant distribution (“Permitted Use”), and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's use without the prior written consentconsent of LESSOR, Tenant may also which consent shall not be unreasonably withheld, conditioned or delayed. During the Term of this Lease, LESSOR shall not create or be a party to the creation of any use restrictions, covenants, agreements or conditions which prohibit TENANT’S use of the Premises for light manufacturingits Permitted Use. Tenant LESSOR without TENANT’s approval, shall not conduct during the Term change or give notice of any auction, liquidation, modify the Building or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor any way which would materially interfere with TENANT’s use or structure occupancy of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odorsincluding, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks the access points, visibility, parking and other vehicles, is prohibited without Landlord's prior written consentsignage. Tenant, at its sole expense, LESSOR shall use its best efforts to prevent others from doing the same. LESSOR hereby represents and occupy the Premises in compliance with all lawswarrants to TENANT that: (i) LESSOR has full right and authority to enter into this Lease and no other consents or approvals are required from any other party for LESSOR to enter into this Lease, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now any lender of LESSOR; (ii) LESSOR is not a party to (nor has created or hereafter applicable consented to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place during any period of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation LESSOR’s ownership of the Premises. Tenant will ), and there are no, non-governmental restrictions, covenants, agreements or conditions, including but not limited to environmental contamination, litigation, restrictions on utilities, private use restrictions or permit any other legal restrictions which would prevent TENANT from using the Premises to be used for any purpose the Permitted Use or in any manner that would void Tenant's or Landlord's insurance, increase the insurance riskTENANT’s Exclusive Uses, 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 Premisesinterfere with TENANT’s design, permitting, construction, or because Tenant vacates signage; LESSOR shall not create, and shall use its best efforts to prevent from being created, any such restrictions, covenants, agreements or conditions during the Premises, then Tenant shall pay the amount of such increase to LandlordTerm. Any occupation TENANT hereby accepts from LESSOR possession of the Premises by Tenant prior and Building in its present “AS IS” condition subject to Exhibit C-2, and TENANT acknowledges inspecting the Premises and Building or having had the opportunity to inspect the Premises and Building, and that TENANT is satisfied with the condition thereof and that no representations as to the condition or state of repairs thereof have been made by LESSOR or its agents. Not later than the Rent Commencement Date Date, TENANT shall (i) complete TENANT’s Work (as defined below). Notwithstanding anything set forth herein to the contrary, TENANT, at no cost or expense to LESSOR, shall be subject solely responsible for any and all zoning, land use or administrative, governmental or other approvals, consents, permits or licenses necessary for the occupancy and use of the Premises for the Permitted Use. LESSOR, however, shall cooperate with TENANT to all obligations of Tenant under this Leaseobtain such zoning, land use, or administrative, governmental or other approvals, consents, permits or licenses, at no cost to LESSOR.
Appears in 1 contract
Sources: Lease Agreement (Nano Magic Inc.)
Use. The (a) Tenant shall use and occupy the Premises shall be used only for office, assembly, manufacturing, warehouse, and distribution purposes (the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing“Intended Uses”). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase prohibited by the insurance risk, or cause the disallowance Certificate of any sprinkler credits. If any increase in the cost of any insurance on Occupancy issued for the Premises or the Project laws of the United States or the State of Colorado, or any subdivision thereof. Tenant shall neither do nor permit to be done any act or thing upon the Premises which shall or might subject the Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation carried on upon the Premises or for any reason.
(b) In the event that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are being used by Tenant or anyone claiming through Tenant for a purpose which is caused by a violation of any permit, Certificate of Occupancy, statute, ordinance or other requirement of law applicable to the Premises, Tenant shall, upon ten (10) days’ written notice from Landlord, immediately discontinue such use of the Premises.
(c) Tenant's use , at its sole expense, shall comply with all laws, orders and regulations of federal, state, city and other governmental authorities, and with any direction of any public officer or occupation of officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the Premises, or because the use or occupation thereof. Without limiting the generality of the foregoing, Tenant vacates shall comply with any such laws, orders, or regulations, including but not limited to the Americans With Disabilities Act and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, which relate to the operation, design or construction of the Premises, then Tenant shall pay the amount ; all applicable health codes; and all applicable laws regarding or relating to possession or disposal of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasewastes.
Appears in 1 contract
Sources: Lease Agreement
Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant no retail sales may also use be made from the Premises for light manufacturingPremises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. .
(b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
(c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project, subject to such reasonable rules and regulations as Landlord may promulgate from time to time.
Appears in 1 contract
Sources: Lease Agreement (Garden Fresh Restaurant Corp /De/)
Use. The Premises shall are to be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant general office purposes and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's business or purpose without the prior written consentconsent of Landlord. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant may also use shall immediately cease the Premises for light manufacturingperformance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not conduct commit or give notice allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any auctionother tenant in the Building. If any of Tenant’s office machines or equipment unreasonably disturb any other tenant in the Building, liquidationthen Tenant shall provide adequate insulation, or going out of business sale on take such other action as may be necessary to eliminate the Premisesnoise or disturbance at its sole cost and expense. Tenant will use shall not without Landlord’s prior consent install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises in a carefuland shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, safe care and proper manner and will not commit waste, overload the floor or structure cleanliness of the Premises or subject the Premises Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, Tenant agrees to use that would damage the Premises. Tenant shall not permit be wholly responsible at Tenant’s sole cost and expense for any objectionable accommodations or unpleasant odors, smoke, dust, gas, noise, or vibrations alterations which need to emanate from be made to the Premises, or take any other action that would constitute a nuisance or would disturbsubject to Landlord approval, unreasonably interfere with, or endanger Landlord or any tenants to comply with the provisions of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderof 1990, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseamended.
Appears in 1 contract
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand (and reasonable supporting documentation) for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the provisions of this Section or otherwise caused by ▇▇▇▇▇▇’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the Project is caused by Tenant's use floor or occupation structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or unreasonably interfere with the rights of Landlord, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay not place any machinery or equipment which will overload the amount floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of such increase to Landlord. Any occupation Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements and/or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, the ADA) related to Tenant’s specific use or occupancy of the Premises, the Tenant Improvements and/or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with ▇▇▇▇▇▇’s failure to comply with Legal Net Laboratory Lease ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ – Suite 100/Greenlight - Page 8 Requirements related to Tenant’s specific use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises, the Tenant prior Improvements or Tenant’s Alterations. So long as such does not materially impact the cost or design of the Tenant Improvements, Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Commencement Date shall be subject Project and/or the Premises, and Tenant agrees to all obligations of Tenant under this Leasereasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (GreenLight Biosciences Holdings, PBC)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the die Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific mariner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, purpose. Tenant may also agrees not to use or permit the use of the Premises for light manufacturingany purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Landlord hereby represents that so long as Tenant shall not conduct or give notice complies with all of any auction, liquidation, or going out the terms and conditions of business sale on the Premises. Tenant will use this Lease and uses the Premises in a carefulmanner that does not materially increase the danger of property damage or personal injury, safe and proper manner and will not commit waste, overload the floor or structure use of the Premises or subject for the Premises to use that would damage Permitted Use will not result in an increase in the Premisescost of insurance coverage for which Tenant will be responsible (other than through inclusion in Basic Costs). Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, annoy or endanger disturb other tenants, or in any way interfere with Landlord or any tenants in the management and operation of the ProjectBuilding. Outside storageTenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's particular business and to the use, condition, configuration or occupancy of the Premises, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentthe Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, at its sole expensewithin ten (10) days after receipt thereof, shall use provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any Laws. Tenant will comply with the rules and occupy regulations of the Premises Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in compliance writing. Except to the extent properly included in Basic Costs, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with all lawsDisabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, ordersthe right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now judgments or hereafter applicable rulings to the Premises (collectivelyfullest extent permitted by law. Landlord, "Legal Requirements"). The Premises shall not be used as a place after the exhaustion of public accommodation under the Americans With Disabilities Act any and all rights to appeal or similar state statutes or local ordinances or any regulations promulgated thereundercontest, will make all as may be amended from time to time. Tenant shallrepairs, at its expenseadditions, make any alterations or modifications, within or without improvements necessary to comply with the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance terms of any sprinkler credits. If any increase in the cost of any insurance on the Premises final order or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasejudgment.
Appears in 1 contract
Use. The Subtenant shall use the Subleased Premises shall be used only for the purpose of receiving, storing, shipping uses and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant purposes permitted under the Lease and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingor purpose. Tenant Subtenant shall not conduct do or give notice of any auction, liquidation, or going out of business sale on suffer anything to be done upon the Premises. Tenant will use Subleased Premises which shall cause an injury to the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Subleased Premises, or take violate any zoning, building, health, safety or other action that would constitute a nuisance code or would disturbordinance of any federal, unreasonably interfere with, state or endanger Landlord or any tenants local unit of government which has jurisdiction over the Project. Outside storage, including without limitation, storage of trucks Subleased Premises and other vehicles, is prohibited without Landlord's prior written consent. TenantSubtenant, at its sole expense, shall comply with, and shall use and occupy the Subleased Premises in compliance with with, (i) all lawslaws applicable to the Subleased Premises, including, without limitation, the Americans With Disabilities Act, and all orders, judgments, ordinances, regulations, codes, directives, permitspermits and licenses, licensesnow or hereafter applicable to the Subleased Premises (collectively, "Legal Requirements"); (ii) all easements, covenants and restrictions now or hereafter applicable to the Premises Subleased Premises; and (collectivelyiii) the terms of the Lease (with subparagraphs (i), (ii) and (iii) collectively called "Legal RequirementsApplicable Laws"). The Subleased Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant Subtenant shall, at its expense, make any alterations or modifications, within or without the Premises, Subleased Premises that are required by Legal Requirements related Requirements, subject to Tenantthe requirement of obtaining Sublandlord's prior written approval and consent to same. Subtenant shall hold Sublandlord harmless against any and all costs, expenses, losses or damages incurred, suffered, or imposed on Sublandlord as a result of any use or occupation of the PremisesSubleased Premises by Subtenant in violation of any such laws or the terms of the Lease. Tenant Notwithstanding, Sublandlord represents that the installation of the new entrance to the Premises pursuant to Exhibit B shall comply with Texas Accessibility Standards and the ADA as it pertains to the width of the entrance but will not use include automatic openers or permit electronic locking mechanisms. Sublandlord warrants that all improvements or alterations to the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase performed by Sublandlord comply with all applicable Texas Accessibility Standards and the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseADA.
Appears in 1 contract
Sources: Sublease Agreement (COPsync, Inc.)
Use. The Leased Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant for office and for such other lawful purposes as may be incidental thereto; warehouse purposes, only. Tenant shall, at its sole cost and expense, promptly comply with all governmental laws, ordinances and regulations (Federal, state and municipal) applicable to the Leased Premises and Tenant's use of the Leased Premises in its business operations. Landlord agrees to cooperate in Tenant's efforts to obtain necessary permits and licenses to commence its business operation, provided, however, with Landlord's prior written consentthat this shall be at the sole, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice cost and expense of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the PremisesTenant. Tenant shall not permit any objectionable or unpleasant excessive odors, smoke, dust, gas, noise, noise or vibrations vibration to emanate from the Leased Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projectnuisance. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle, any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Leased Premises to be used for any purpose or in any manner that (including, without Tenant shall not permit the storage or discharge into the earth or its atmosphere of effluents, waste or other materials, solid, liquid or gaseous. No waste or other materials shall be disposed of by Tenant in any way or manner which would void or will in the future cause the Tenant and/or Landlord to be liable for fines and penalties under the laws or rules currently in effect (Federal, state and/or municipal) or to incur expenses of any sort to correct any such condition. Tenant shall indemnify and hold Landlord harmless from and against any claims, fines, penalties or causes of action arising out of Tenant's or Landlord's insurance, increase failure to comply with the insurance risk, or cause the disallowance provisions of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseSection.
Appears in 1 contract
Sources: Lease Agreement (Execustay Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) productsSelling Products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant may also use the Premises for light manufacturing. “Selling Products” shall be limited to the approximately 10,000 square feet of space located in the northwest corner of the Premises as shown on Exhibit A. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, except for ordinary wear and tear, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the ProjectLandlord. Outside storage, including without limitation, storage of inoperable trucks and other personal vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The , except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises shall not be used as a place of public accommodation under and the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeProject. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the Premises, except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises and the Project. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler creditscredits unless such use has been approved by Landlord and Tenant is responsible for all of the increased costs resulting therefrom. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any Except for the payment of rent, which shall be due and payable as of the Commencement Date, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all other obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to Tenant’s use of the Premises. Landlord shall make all other additions to or modifications of the Project required from time to time in accordance with Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingmanufacturing and light assembly. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent, except as otherwise set forth in this Lease. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any non-structural alterations or modifications, within or without the Premises, that are required by Legal Requirements related solely to Tenant's manner of use or occupation of the Premises. Landlord shall, at its expense, make any structural alterations or modifications, within or without the Premises, in addition to any non-structural exterior alterations or modification which are not related to Tenant's sole manner of use or occupation of the Premises, that are required by Legal Requirements. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's manner of use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, without Landlord's prior written consent which shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant's material handling system shall not be considered "objectionable" by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant's business operations on and from the Premises overnight at the truck docks of the Premises and Tenant's customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer's vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project, and provided, further, that subject to applicable Legal Requirements, Tenant may store pallets, corrugated packaging supplies and other similar shipping and storage supplies outside of the Premises in a fenced location as mutually agreed to by Landlord and Tenant, so long as such storage is conducted in a neat and orderly fashion. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises, the Building, or the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease. Notwithstanding anything contained herein to the contrary, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease, or that are required as a result of the Tenant's use of the Premises shall be chargeable to Tenant at its sole cost and expense pursuant to the provisions of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Skechers Usa Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord represents that the improvements constructed or installed by Landlord shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, appropriate building and land permits, regulations and ordinances in effect on the Commencement Date of this Lease. Notwithstanding anything contained herein to the contrary, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises shall be chargeable to Tenant.
Appears in 1 contract
Sources: Lease Agreement (Streamline Com Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Lessee shall use and occupy the Demised Premises for no purpose except (a) purposes related to those for which the Demised Premises is being used as of the Effective Date and/or (b) other lawful purposes consistent with the industrial nature of the Demised Premises. Lessee shall not use or occupy the Demised Premises for any unlawful purpose, or in compliance any manner that will violate the certificate of occupancy for the Demised Premises. Lessee shall, at Lessee's expense, comply with all laws, present and future laws (including, without limitation, the Americans With with Disabilities Act), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders, judgmentsrecommendations, ordinancesdecisions, regulations, codes, directives, permits, licenses, covenants and restrictions decrees now or hereafter applicable to promulgated (including, without limitation, those made by any public or private agency), as any of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as same may be amended from time to timetime (collectively, "Laws", and individually, ''Law") applicable to Lessee, the use, occupancy and condition of the Demised Premises and the business being conducted thereon, and all machinery, equipment, furnishings, fixtures and improvements on or used in connection with the Demised Premises. Tenant shallIf any Law requires any occupancy or use permit or license for the Demised Premises or the operation of the business conducted therein, then Lessee shall obtain and keep current all such permits or licenses at Lessee's expense. Lessee shall deliver to Lessor, promptly upon request, copies of all such licenses and permits. If any Law requires any modification to the Demised Premises, Lessee shall perform such alterations, at its sole cost and expense, make any alterations or modifications, within or without in accordance with the Premises, that are required by Legal Requirements related to Tenant's use or occupation applicable terms and conditions of Section 3.2 below. Use of the Premises. Tenant will not use or permit the Demised Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all covenants, conditions, easements and restrictions of record, and Lessee shall comply with the same (but not with any of Lessor's obligations for and relating to borrowed money except as provided in this Lease or agreed by Lessee with Lessor’s lender). Lessee shall conduct its business in the Demised Premises in a reputable manner. Lessee shall have the right to erect and maintain directional or Lessee identification signs (but no third party signage such as, by way of Tenant under this Leaseexample and not limitation, advertisements, political advocacy, or position statements) in or on the Demised Premises at such place or places as Lessee may choose, subject to all applicable Laws and ordinances.
Appears in 1 contract
Sources: Lease Agreement (LIVE VENTURES Inc)
Use. The Premises shall may be used and occupied only for the purpose of receivinggeneral business office, storingsales, shipping administrative, software engineering, and selling (but limited to wholesale sales) products, materials software research and merchandise made and/or distributed by Tenant development purposes and for such no other lawful purposes as may be incidental thereto; provided, however, with use or purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises by Tenant, Landlord may withhold consent if the proposed use is either not compatible with the use as an office building or violates another provision of this Lease. Tenant may also shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - Rules and Regulations), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for light manufacturinguse as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the provisions of Section 3.2(a)(1)(G) above). Tenant shall not conduct do, bring, keep or give sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, or an increase in the existing premium (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any auction, liquidation, insurance policy covering the Project or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesany part thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be occupied or used for any purpose or in any manner that would void Tenant's will constitute waste or a nuisance. Tenant shall not, without the prior consent of Landlord's insurance, increase bring into the insurance riskBuilding or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Building or any of the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or cause jeopardize the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation structural integrity of the Premises, Building or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany part thereof.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Use. The Premises shall be used only for the purpose of receiving, manufacturing, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, . In connection with LandlordTenant's prior written consentmanufacturing operations, Tenant may also use shall construct a clean room in the Premises for light manufacturingto local, state and federal requirements, as applicable. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesretail sales by internet without Tenant's customers visiting at the Premises) products, materials and merchandise made and/or distributed by Tenant Tenant, for general office use in connection with a warehouse use, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentconsent which shall not be unreasonably withheld or delayed, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided however, that Tenant shall have the right, without obtaining Landlord's prior written consent, to park trucks and trailers (provided the same are in operable condition) overnight at the truck loading docks and on the parking areas of the Project. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, 10, 11, and 15 of this Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, 10, 11, and 15 of this Lease, Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, insurance or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the PremisesPremises (other than Tenant's use which constitutes customary warehouse storage and distribution) , or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant for the purpose of installing racks and receiving inventory prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLease except the payment of Base Rent and Operating Expenses which shall commence on the Commencement Date.
Appears in 1 contract
Sources: Lease Agreement (Etoys Inc)
Use. The Premises shall be used only for the purpose of general office, administration, research and development, light manufacturing, assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Notwithstanding the foregoing to the contrary, Tenant shall have the right to park operable vehicles overnight at the truck loading docks and parking areas for the Premises. This provision also shall supersede the terms of Paragraphs 7 and 12 of the Rules and Regulations attached to the Lease to the extent of any conflict with such rule. Subject to Landlord’s representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's insurance, ’s insurance or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the PremisesPremises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations the terms and conditions of this Lease, other than any obligation of Tenant under to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project in each case that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to Paragraph 10 of this Lease or due to violations of law by Landlord in existence as of the Commencement Date. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a result of Tenant’s specific use of the Premises shall be chargeable to Tenant in accordance with the provisions of this Lease.
Appears in 1 contract
Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, “Legal Requirements”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for light manufacturingany purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not conduct reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or give notice otherwise caused by Tenant’s use and/or occupancy of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not permit place any objectionable machinery or unpleasant odorsequipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, smokeTenant shall not, dustwithout the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, use the Premises in any manner which will require ventilation, air exchange, heating, gas, noisesteam, electricity or vibrations to emanate from water beyond the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants existing capacity of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentProject as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall use and occupy make any alterations or modifications to the interior or the exterior of the Premises in compliance with all laws, or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, orders42 U.S.C. § 12101, et seq. together with regulations promulgated pursuant thereto) related to Tenant’s use or occupancy of the Premises as distinguished from the general use or occupancy of the Project. 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, ordinancesand all reasonable expenses incurred in investigating or resisting the same (including, regulationswithout limitation, codesreasonable attorneys’ fees, directives, permits, licenses, covenants charges and restrictions now or hereafter applicable to the Premises disbursements and costs of suit) (collectively, "“Claims”) arising out of or in connection with Tenant’s obligation to comply with Legal Requirements"). The Premises , and Tenant shall not be used as a place indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or in connection with any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation failure of the Premises. Tenant will not use or permit the Premises to be used for comply with any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLegal Requirement.
Appears in 1 contract
Sources: Lease Agreement (Omeros Corp)
Use. The (a) Subject to the terms and provisions hereof, Tenant may use and enjoy the Premises shall be used only for the purpose sale, lease, trade or repair of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such motor or other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks vehicles and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy uses in the Premises in compliance with all laws, course of prudent business practices normally associated therewith including, without limitation, the Americans With Disabilities Actsale of parts and services. Without limiting the generality of the foregoing, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable the provisions relating to use of the Premises (collectivelyshall be broadly construed to encompass all uses normally associated with premises occupied by automobile, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeboat and recreational vehicle dealerships. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or occupy, permit the Premises to be used for any purpose or occupied, nor do or permit anything to be done in any manner 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 in a manner which would constitute a public or private nuisance, or which would violate (i) any laws, regulations, ordinances, or requirements of any Governmental Authority having jurisdiction in the Project is caused by Premises including, without limitation, those which relate to Hazardous Materials, or (ii) any recorded restrictive covenants covering the Premises provided that such restrictive covenants do not impair Tenant's use of the Premises for the purposes set forth herein.
(b) Tenant covenants and agrees that Tenant shall not at any time maintain on, dispose of or occupation of generate on or discharge or release to or from the Premises, or because permit any party in possession through or under Tenant vacates to maintain on, dispose of, discharge from or generate or release on the Premises, then any "Hazardous Materials" (hereafter defined), except for (i) any Hazardous Materials that may be used, generated or maintained in the ordinary course of Tenant's operations at the Premises for the use permitted under Section 6.1(a), and (ii) any asbestos in any form existing on the Premises as of the date of this Lease. Subject to the foregoing, Tenant or any party in possession through or under Tenant or any persons occupying or present on the Premises with the consent of Tenant shall pay not at any time discharge from, spill or release to the amount Premises any Hazardous Materials. Except for any asbestos in any form existing on the Premises as of the date of this Lease (the proper disposition of which shall always be the responsibility of Landlord), Tenant agrees to comply, and to cause all its employees, agents, contractors, invitees, customers and any other persons occupying or present on the Premises with the consent of Tenant to comply, with all applicable building codes and other federal, state and municipal laws, directives, orders, ordinances and regulations (collectively "Laws") relating to Hazardous Materials with respect to any use by Tenant of such increase Hazardous Materials and with all Laws relating to Landlordthe environment. Any occupation The term "Hazardous Materials" as used herein shall include any hazardous waste, hazardous substances or any pollutant or contaminant as defined by 42 U.S.C. Section 9601, and any toxic substances, petroleum, oil, asbestos or other hazardous materials, chemical or substances now or hereafter regulated by any Laws relating to hazardous or toxic materials, wastes or substances and/or the environment. The foregoing covenants and agreements of Tenant shall survive the term and expiration or termination of this Lease, and Tenant shall immediately notify Landlord of its receipt of any report, citation, notice or other writing by, to or from any governmental or quasi-government authority and power to regulate or oversee any of the Premises by Tenant prior foregoing activities or in any way related to the Commencement Date shall be subject to all obligations of Tenant under this Leaseor connected with Hazardous Materials.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receivinggeneral office functions, storingsales, shipping hardware and selling (but limited to wholesale sales) productssoftware development, materials and merchandise made and/or distributed by Tenant research and for such development and other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written Written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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, but in no event shall Tenant separately reimburse Landlord for the increased insurance premiums if such expenses (including increased premiums) are already being billed to Tenant as Operating Expenses pursuant to Section 6. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Atroad Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With with Disabilities ActAct of 1990 (as amended) (the “ADA”), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "“Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Inogen Inc)
Use. The Premises (a) Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for purposes consistent with Tenant's current operations at the Premises, general warehouse, office, light manufacturingassembling and manufacturing purposes and in accordance with all Applicable Laws, and with all Licenses (as hereinafter defined), and for no other use without the prior written consent of Landlord (which consent may be withheld in Landlord's sole, but reasonable, discretion). Tenant shall operate its business in an efficient and reputable manner and Tenant shall not at any time discontinue business operations from the Premises (except for legal holidays and periods of renovation and repair) for more than ten (10) consecutive business days, but shall in good faith continuously throughout the term of this Lease conduct or give notice of any auction, liquidation, or going out and carry on from Premises the type of business sale on for which the Premises are leased to Tenant.
(b) In no event shall the use of the Premises, now or in the future, nor the design and construction (or any future alterations) of the Improvements be such to violate any Applicable Laws (including, without limitation, the Access Laws). Tenant will use shall, at its sole cost and expense, comply with (and be responsible for compliance with) all legal requirements and all Applicable Laws (including, without limitation, the Premises in a careful, safe and proper manner and will not commit waste, overload Access Laws) at all times during the floor or structure term of the Premises or subject the Premises to use that would damage the Premises. this Lease.
(c) Tenant shall not permit any objectionable noises or unpleasant odors, smoke, dust, gas, noise, or vibrations odors to emanate from the PremisesBuilding; nor place or permit any radio, television, loudspeaker or amplifier on the roof or outside the Building or where the same can be seen or heard from outside the Building; nor place any antenna, equipment, awning or other projection on the exterior of the Building; nor use the areas outside the Building for conducting any advertising or marketing program, or for the sale or distribution of goods; nor take any other action that which would constitute a nuisance or would disturb, endanger other or unreasonably interfere with, with others; nor permit any unlawful or endanger Landlord immoral practice to be carried on or any tenants of committed on the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. TenantPremises.
(d) Tenant shall, at its sole cost and expense, shall use and occupy maintain the Premises in compliance a neat, attractive condition at all times during the term of this Lease.
(e) Tenant shall procure, at its sole cost and expense, any and all permits and licenses necessary, required or desirable for the transaction of business in the Premises (collectively, the "Licenses") and shall otherwise comply with all laws, Applicable 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"Access Laws). The Premises shall not Tenant may not, without the prior written consent of Landlord, which consent may be used as a place of public accommodation under withheld by Landlord in its sole and absolute discretion, (1) assign or transfer the Americans With Disabilities Act or similar state statutes or local ordinances Licenses or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make interest therein; (2) permit any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation assignment of the Premises. Tenant will not use Licenses or any interest therein by operation of law; (3) grant any license, concession, or other right(s) in connection with the Licenses to a third party; (5) mortgage, pledge, or otherwise encumber its interest in the Licenses; or (6) permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler 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 Licenses by any parties other than Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseand its employees.
Appears in 1 contract
Sources: Contract of Sale (Ultrak Inc)
Use. The Premises shall be used only for the purpose of marketing and testing of electronic equipment, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupancy of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used only for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of receivinginsurance coverage with respect to the Building. Tenant will conduct its business and control its agents, storingservants, shipping employees, customers, licensees, and selling invitees in such a manner as not to unreasonably interfere with or unreasonably disturb other tenants or Landlord in the management of the Property. Tenant will maintain the Premises in a clean and sanitary condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to (i) Tenant’s particular use of the Premises or (ii) any Alterations undertaken by or on behalf of Tenant or anyone claiming by, through, or under Tenant (but limited in no event shall the need for compliance be deemed to wholesale sales) products, materials and merchandise made and/or distributed result from Alterations undertaken by or on behalf of Tenant and for if non-compliance is merely discovered as a result of such other lawful purposes Alterations as may be incidental theretoopposed to being caused by the Alterations undertaken by Tenant); provided, however, that in no event shall Tenant be responsible for bringing the Premises into compliance with Landlord's prior written consentapplicable laws, Tenant may also use ordinances, orders, rules and regulations of any governmental entity in effect as of the Commencement Date to the extent applicable to the use, condition, configuration or occupancy of the Premises for light manufacturinggeneral and executive offices, generally, as opposed to Tenant’s particular use. Tenant shall not, and shall not conduct allow its employees, agents, contractors or give notice of any auctioninvitees, liquidation, to bring into the Building or going out of business sale on the Premises. Tenant will use the Premises in a carefulany dangerous or hazardous materials, safe except for customary office and proper manner cleaning supplies, provided Tenant uses, stores and will not commit waste, overload the floor or structure disposes of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentsame in compliance with all applicable law. Tenant, at its sole expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall use be sent by Landlord to Tenant in writing. In the event of a conflict between the rules and occupy regulations and the Premises in compliance with all laws, including, without limitationterms of this Lease, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")terms of this Lease shall control. The Premises Landlord shall not be used as knowingly enforce the rules and regulations against Tenant in a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasediscriminatory manner.
Appears in 1 contract
Sources: Office Lease (Enernoc Inc)
Use. The Premises shall be used only solely for the purpose Permitted Use set forth on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, the PID Permit applicable to the Project, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Landlord shall not voluntarily encumber title to timethe Project after the date hereof with covenants, conditions or restrictions nor amend any existing covenants, conditions or restrictions encumbering title nor grant easements or make public dedications which materially and adversely (i) affect Tenant’s use of the Premises for the Permitted Use, (ii) affect access to the Premises or the parking facilities, (iii) affect Tenant’s rights under this Lease, (iv) increase Tenant’s obligations under this Lease, and (v) decrease Tenant’s rights under this Lease. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modificationsuse of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement; provided, within or without the Premiseshowever, that are required by Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements related to Tenant's continue the use or occupation of in question while the Premisesmatter is being contested. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, increase as defined in the ADA or any similar legal requirement. If at any time during the Term any portion of the Project is leased to any third party(ies), Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance riskpolicy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause the disallowance of any sprinkler credits. If any increase equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which exceeds the structural capacity of the applicable floor within the Premises. Tenant shall not, without the prior written consent of Landlord which shall not be unreasonably withheld, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall, at its sole expense, make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s particular use or occupation occupancy of the Premises; provided, however, that if as a matter of law Tenant is entitled to not implement or because delay implementation of an applicable Legal Requirement Tenant vacates may not implement or delay such implementation for as long as legally permitted. Except as provided for in the Premisespreceding sentence, then Tenant shall pay Landlord shall, as an Operating Expense (to the amount extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of such increase to Landlord. Any occupation Tenant’s particular use of the Premises by Tenant prior or Tenant’s Alterations) make any alterations or modifications to the Commencement Date Project that are required by Legal Requirements. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with Legal Requirements (excepting Landlord’s obligations with respect to the Premises as expressly set forth herein), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (excepting Landlord’s obligations of Tenant under this Leasewith respect to the Premises as expressly set forth herein).
Appears in 1 contract
Sources: Lease Agreement (Illumina Inc)
Use. (a) The Premises shall be used only for the purpose of receiving, storing, shipping shipping, warehousing and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auctionauction (except as provided in Paragraph 3(c) below), liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside Except as set forth in Paragraph 3(b) below, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its it sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements enacted or applicable to the Project after the date of this Lease related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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 occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Subject to compliance with all Legal Requirements, Landlord hereby consents to Tenant's use of diesel powered forklifts in the Premises provided that Tenant shall not store diesel on the Premises or the Project.
(b) Subject to compliance with all Legal Requirements and restrictive covenants applicable to the Project, Tenant shall be entitled to use the truck court area adjacent to the Premises shown on Exhibit E attached hereto as an exterior staging area for storing, assembly and packing of portable storage containers; provided that such use does not interfere with the ingress and egress of other tenants of the Project. Tenant agrees to screen the staging area in a manner reasonably acceptable to Landlord. Tenant agrees that at all times during the Lease Term, it will keep the staging area in the truck court in good condition and repair and will keep the area free of all trash or waste materials generated by Tenant, its agents, employees or contracts.
(c) Subject to compliance with all Legal Requirements and restrictive covenants applicable to the Project, Tenant (but not any assignee or subtenant of Tenant) shall be entitled to conduct one (1) auction per month inside the Premises for contents of containers of customers of Tenant that have defaulted in payment; provided that (i) such auction is conducted after 5:00 p.m., (ii) no advertising or signage shall be placed in any location within the Project with respect to such auction, and (iii) attendees of the auction(s) shall not interfere with the ingress and egress of tenants of the Project.
Appears in 1 contract
Sources: Lease Agreement (Pods Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, administrative offices, a call center, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided however, that Tenant shall have the right to park operable trucks and trailers overnight at the truck loading docks and truck parking areas adjacent to the Premises. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or 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. Additionally, in the event the use of any other tenant at the Project increases the cost of any insurance at the Project, Tenant shall not be responsible for its Proportionate Share of such increase. Any 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 which shall commence on the Commencement Date.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises for general office purposes only and for no other use or purpose without the prior written consent of Landlord, which consent Landlord may withhold in it sole and absolute discretion. Landlord agrees that Tenant may ship, receive and store software and related items as an incident to its use of the Premises for general office purposes upon compliance with applicable zoning and other governmental requirements. Tenant acknowledges that pursuant to that certain Lease by and between Landlord and Entertainment Industry Development Corporation ("EIDC") dated April 26, 1996, Landlord has granted EIDC the exclusive right within the Building to procuring for others, permits necessary for motion picture and television filming within Los Angeles, Orange, Ventura, San Bernardino and Riverside Counties. Tenant shall not use or occupy the Premises in violation or in conflict with any "Governmental Requirement" (defined below) but shall, at Tenant's expense, promptly comply with all present and future laws, includingordinances, statutes, including without limitation, limitation the Americans With with Disabilities Act, orders, judgmentsrules, ordinancesrestrictions, regulationsregulations and requirements of all governmental authorities having jurisdiction over the Premises whether or not the same is substantial, codesforeseen or unforeseen, directivesordinary or extraordinary, permits, licenses, covenants and restrictions now or hereafter applicable whether the same shall necessitate Tenant making structural changes or improvements to the Premises or interfere with the use and enjoyment of the Premises (herein collectively, "Legal Governmental Requirements"). The Premises Tenant shall not do or permit anything to be used as a place done in or about the Premises which will in any way obstruct or interfere with the rights of public accommodation under other tenants or occupants of the Americans With Disabilities Act Project or similar state statutes of property adjacent to the Project, or local ordinances injure or any regulations promulgated thereunderannoy them, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises or the Projet. Without limiting the generality of the foregoing, Tenant shall not (i) obstruct or store anything in the common areas (including service or exit corridors), (ii) place a load upon any manner that would void Tenant's or Landlord's insurance, increase floor of the insurance riskPremises which exceeds the floor load per square foot which such floor was designed to carry, or (iii) permit any objectionable sound or odors to carry outside the Premises. In particular, Tenant agrees that business machines and mechanical equipment used by Tenant which cause vibration or noise that may be transmitted to any other portion of the disallowance Building, to such a degree as to be reasonably objectionable to Landlord or to any occupant, shall be placed and maintained by Tenant at its expense in setting of any sprinkler creditscork, rubber or spring-type vibration isolators sufficient to eliminate such vibrations or noise. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any insurance on policy(ies) covering the Premises or Building, the Premises, the Project is caused and/or property located therein and shall comply with all applicable insurance underwriters rules, orders regulations and requirements of the Pacific Fire Rating Bureau or other applicable organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy(ies) by reason of Tenant's use failure to comply with the provisions of this Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not, under any circumstances, allow alcoholic beverages to be served or occupation consumed within any portion of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Office Space Lease (DVD Express Inc)
Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof (collectively, "Legal RequirementsLEGAL REQUIREMENTS"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase in additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the cost provisions of any insurance on the Premises this Section or the Project is otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or occupation structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, 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 Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises. Landlord, as part of Operating Expenses, shall be responsible for compliance of the Project (other than the Premises) with ADA. Landlord shall not be responsible for ADA compliance of the Project to the Commencement Date extent such compliance is related to or required by Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.
Appears in 1 contract
Sources: Lease Agreement (Viacell Inc)
Use. The Premises shall be used only for the purpose of receivingresearch, storingdevelopment, shipping general office, and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be legally related uses necessary or incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storageTenant shall be permitted to have outside storage in the parking areas so long as Tenant complies with all Legal Requirements, including without limitation, any such storage of trucks areas do not eliminate parking required by code and other vehicles, is prohibited without Landlord's prior written consentare screened in a manner reasonable acceptable to Landlord so that the contents therein are not visible from the street. 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, "the “Legal Requirements"”). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. In the event that Landlord receives written notice from a governmental authority that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the date of this Lease without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense (subject to amortization pursuant to Paragraph 6 below). Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s specific use or occupation of the PremisesPremises (but not research, development or office use in general) and in connection with any Tenant-Made Alterations or Tenant requests for governmental permits or approvals. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler creditscredits or the disallowance of the existing roof warranty. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s specific use or occupation of the PremisesPremises (but not warehouse, research, development or office use in general), or because Tenant vacates the PremisesPremises prior to the end of the Term, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract