Common use of Use Clause in Contracts

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

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

Use. 2.01 Tenant Subtenant shall use the Sublease Premises solely for general office use, dry laboratory (engineering), storage of dry goods only, research and occupy the Demised Premises for executive development and general offices. Provided that Tenant does not utilize any other portion of the Building for lawful uses reasonably related to or incidental to such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereofspecified uses, and if failure otherwise subject to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permitthe Master Lease. At no expense Such permitted uses referred to Landlordin the immediately preceding sentence must be consistent with first class life sciences project in Redwood City, Landlord California and in compliance with, and subject to, applicable laws. As and where the phrases “Permitted Use” and/or “First Class Life Sciences Projects” is/are used in the Master Lease, the same shall sign applications and otherwise cooperate with Tenant be deemed to refer to the uses referred to in connection with securing or maintaining such license or permit. 2.03 Tenant the first sentence of this Section 3.2. Subtenant shall not at store or use any time reagents in the Sublease Premises. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use or occupythe Sublease Premises for, or suffer carry on, or permit anyone to use be carried on, any offensive, noisy or occupydangerous trade, business, manufacture or occupation, nor permit any auction sale to be held or conducted on or about the Demised Sublease Premises, or any portion thereof, or . Subtenant shall not do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord within ten (10) days of Sublandlord’s demand. No such payment by Subtenant shall limit Sublandlord in the Demised Premises, in violation exercise of any zoning laws and/or resolutions other rights or requirements remedies, or constitute a waiver of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, TenantSublandlord’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen)require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained hereinin the Master Lease and/or this Sublease, Tenant acknowledges that no certificate Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located any Hazardous Materials (as defined in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use Section 5.3.1.1 of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for Master Lease) on, in or about the Building shall Sublease Premises, or transport or permit the Demised transportation of any such Hazardous Materials to or from the Sublease Premises, except for limited quantities used or stored at the Sublease Premises and required in connection with the third floor routine cleaning and maintenance of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Sublease Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant then only upon the written consent of Master Landlord and expiration of any Sublandlord and in compliance with applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderlaws. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

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

Use. 2.01 The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall 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 occupy proper manner and will not commit or permit waste, overload the Demised 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 executive 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. Landlord shall be responsible for the compliance of the Premises and general officesthe Common Areas of the Project with Legal Requirements as of the Commencement Date. Provided that Tenant does not utilize Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any other portion alterations or modifications to the Common Areas or the exterior of the Building for such purposethat are required by Legal Requirements. Following the Commencement Date, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license make any alterations or permit and submit modifications to the same for inspection by Landlord. Tenant shall at all times comply with interior or the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements exterior of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises. Notwithstanding any other provision herein to the lack contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of a certificate of occupancy action, damages or pursuant to any certificate of occupancy that is hereafter issuedjudgments, Landlord shall indemnify and hold harmless Tenant from any liability, damage all reasonable expenses incurred in investigating or expense resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using out of or in connection with Legal Requirements related to Tenant’s specific use or occupancy of the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysTenant’s Alterations, and Tenant may terminate this Lease on notice to Landlord. 2.04 In shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants failure of the Building, Tenant will promptly commence curing the condition, that has given rise Premises to such odors including the installation of control devices or the implementation of procedures comply with any Legal Requirement related to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste specific use or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach occupancy of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law Premises or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsTenant’s Alterations.

Appears in 2 contracts

Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Dimension Therapeutics, Inc.)

Use. 2.01 Tenant (a) The Premises shall use be used for general office, administrative, call center use, storage and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any all other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one legal uses (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes“Tenant’s Use”). Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall to be required for done in or about the proper and lawful conduct of Tenant’s business in Premises or the Demised Premises, Building anything which is prohibited by or any part thereof, and if failure to secure such license or permit would in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect Landlord, any fire or other insurance upon the Land Premises or the Building or any of its contents, or cause a cancellation of any insurance policy covering the conduct Premises or the Building or any part thereof or any of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordcontents. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised PremisesPremises or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, andor injure them, in or use or allow the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. Ifany immoral or unlawful purpose, at nor shall Tenant cause, maintain or permit any timenuisance, Tenant is prevented from lawfully using in, on or about the Demised Premises or the third floor premises Building or commit or suffer to be committed any waste in, on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with Tenants’ permitted use of the Premises. Tenant shall have access to the Building and Premises on a 24 hour/7 day a week basis. Building hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., except holidays. Tenant shall be responsible for executive and general offices shall pay for any increased building security costs, HVAC costs and utilities due to Tenant’s occupancy and the lack operation of a certificate of occupancy or HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that Tenant shall have the right to audit such costs in the same manner as Tenant’s right to audit Operating Expenses pursuant to any certificate Article 7 of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devicesLease. (b) Tenant shall not use commercially reasonable efforts to keep the Demised name of the Building in which the Premises free from infestation are located, in connection with any business carried on in the Premises (except as Tenant’s address) without written consent of vermin and other pestsLandlord. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintsshall not manufacture, to emanate from assemble or store materials inside the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants Common Areas outside of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Hazardous material. Tenant shall not cause bring or permit its agents, employees or contractors to bring on the Premises any foodasbestos, waste lead, PCBs, petroleum or other foreign substance to be thrown petroleum products, explosives, toxic materials, or drawn into substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local law or regulation, excluding normal office and janitorial supplies (“Hazardous Materials”) unless licensed by the plumbing or waste linesstate of Utah and approved by Landlord. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any Tenant’s violation of the foregoing prohibition shall constitute a material breach and Tenant Event of Default under Section 18 of this Article. (e) Lease Tenant shall install indemnify, hold harmless and maintain defend Landlord from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys’ fees and court costs) caused by or arising out of (i) a working smoke detector/carbon monoxide detector in violation of the Demised foregoing prohibition or (ii) the use or any release of any Hazardous Materials by Tenant or its agents, employees, contractors, or customers on, under, or about the Premises during Tenant’s occupancy or control of the Premises. Tenant acknowledges that Landlordshall clean up, remove, remediate and repair any soil or ground water contamination and damage caused by the presence or release by Tenant or its agents, employees, contractors, or customers of any Hazardous Materials in, on, under, or about the Premises during Tenant’s damages resulting from occupancy of the Premises in conformance with the requirements of applicable law. Tenant shall immediately give Landlord written notice of any suspected breach of this Paragraph, upon learning of the provisions presence or any release of this Article are difficultany Hazardous Materials, if not impossible and upon receiving any notices from governmental agencies pertaining to ascertain and concedes that among any other remedies Hazardous Materials which may affect the Premises. The obligations of Tenant hereunder shall survive the expiration or earlier termination, for any such breach permitted by law or the provisions reason, of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

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

Use. 2.01 (a) The Premises shall be used and occupied by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes use set forth in the Basic Lease Information and for no other purpose. It is intended Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating Tenant's specific of the Premises. Tenant shall not use or permit the use of the Premises in any manner that should Tenant rent more than one (1) floor (will tend to create waste or part thereof) in a nuisance, or which unreasonably disturbs other tenants of the Building, Tenant nor shall only be able Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any signs on or visible from the exterior of the Premises, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to utilize one (1) of said floors for kitchen purposesthe Premises. Tenant shall have the exclusive right to subsequently petition Landlord for permission exterior sign(s) adjacent to install a kitchen on multiple floorsthe Building, in with such sign(s) installed at Tenant's expense and only with Landlord's prior consent, which event shall not unreasonably be withheld, conditioned or delayed. Tenant shall not conduct any auction at the decision whether to allow Premises. Notwithstanding any other provision of this Lease, Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be required for done anything in and about the proper and lawful conduct of Tenant’s business in the Demised Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any part thereof, and if failure to secure such license or permit would policy of insurance maintained by Landlord in any way affect Landlord, the Land or connection with the Building or the conduct of business thereon Project or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with which would violate the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions covenants, conditions or requirements of the Department of Buildings restrictions affecting the Demised Premises, Building or the Land and/or the Building, and, in the event a certificate of occupancy land on which it is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen)located. Notwithstanding the foregoing or anything to the contrary contained hereinin this Lease, Tenant acknowledges shall not be responsible for compliance with any statutes, ordinances, rules, regulations, orders and requirements that no certificate are not related specifically to Tenant's use and occupancy of occupancy has been obtained for the Demised Premises and/or for Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and that the Demised Premises such measures are located in imposed as a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that general requirement applicable to all tenants rather than as a condition to Tenant’s 's specific use or occupancy of the Demised Premises for executive Premises, such work shall be performed by and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate at the sole cost of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials") which Tenant has allowed or caused to be brought on or about the Premises, the Building or adjacent common area. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall not cause, or allow anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable efforts to keep quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its members and its and their officers, directors, employees and agents, any entity having a security interest in the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of or the Building, Tenant will promptly commence curing the conditionand its and their employees and agents (collectively, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors"Indemnitees") harmless from and against all liabilities, claims, costs, damages, and will complete such installations depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or implementation as commercially reasonable as possible thereafter. Should indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant fail to take commercially reasonable stepsor any person claiming under Tenant, Landlordincluding, after notice to Tenant and expiration without limitation, the cost of any applicable cure periodrequired or necessary investigation, shall (i) have monitoring, repair, cleanup, or detoxification and the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach preparation of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste closure or other foreign substance required plans, whether such action is required or necessary prior to be thrown or drawn into following the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall be entitled to enjoin excuse Tenant from any violation Tenant's obligation of said provisionsindemnification set forth above.

Appears in 2 contracts

Sources: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)

Use. 2.01 (a) Tenant shall use and the Premises only for the Permitted Use (as defined in the Basic Lease Information). Tenant shall not occupy or use the Demised Premises for executive and general offices. Provided that Tenant does not utilize Premises, or permit any other portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way invalidate or increase the rate of insurance on the Building for such purpose, or its contents. Tenant shall also be able promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant’s failure to utilize comply with the Demised Premises for provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a kitchen for manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the testing and preparation management of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, the Property or the Park. Subject to Landlord’s maintenance, operation and repair obligations expressly set forth in this Lease, Tenant shall only be able to utilize one (1) will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of said floors for kitchen purposes. Tenant shall have all state, federal, municipal and other agencies or bodies having jurisdiction over the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsPremises and governing the use, in which event condition or occupancy of the decision Premises, whether to allow Tenant existing as of the ability to do so shall be in the sole and absolute discretion of LandlordCommencement Date or enacted subsequent thereto. 2.02 (b) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, Premises or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for inspection by Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, occupy the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation any manner which (i) violates the existing, permanent Certificate of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained Occupancy for the BuildingPremises; (ii) causes or is likely to cause injury to the Buildings or any equipment, Tenant’s use of the Demised Premises shall not be in facilities or systems therein; (iii) constitutes a violation of the certificate of occupancy for Legal Requirements; (iv) materially impairs the Demised Premises character, reputation or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use appearance of the Demised Premises for executive Buildings as Class A office Buildings; or (v) materially impairs the proper and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises economic maintenance, operation and the third floor repair of the Building to be used for office purposes. Ifand/or its equipment, at any time, Tenant is prevented from lawfully using the Demised Premises facilities or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlordsystems. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)

Use. 2.01 (a) Tenant shall use the Premises only for activities legal under local ordinances and occupy the Demised Premises for executive other applicable laws and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes regulations and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in purpose without the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices's prior written consent. (b) Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any Insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws, including any and all environmental regulations, concerning the Premises or Tenant's use commercially reasonable efforts of the Premises, including without limitation, the obligation at Tenant's cost to keep alter, maintain, or restore the Demised Premises free from infestation in compliance and conformity with all laws relating to the condition, use or occupancy of vermin and the Premises by Tenant during the term of this Lease. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other peststenant. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from hereby accepts the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants Premises in their condition existing as of the Buildingdate that Tenant possess the Premises, Tenant will promptly commence curing subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the conditionuse of the Premises, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odorsall applicable environmental rules and regulations, and will complete such installations accepts this Lease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges that neither the Landlord nor Landlord's agent has made any representation or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice warranty to Tenant and expiration as to the suitability of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant Premises for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation conduct of Tenant’s tenancy hereunder's business. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)

Use. 2.01 Tenant shall be entitled to use the Premises solely for office/research and occupy development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Demised Premises for executive and general officessuch purpose for the entire Lease Term. Provided that Tenant does not utilize any other portion Any discontinuance of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises use for a kitchen for period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the testing and preparation terms of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesthis Lease. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, use the Common Areas in which event conjunction with its Permitted Use of the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required Premises solely for the proper purposes for which they were designed and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same intended aid for inspection by Landlordno other purposes whatsoever. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for Common Areas or the Building, Tenant’s use of Property which does or could (i) jeopardize the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor structural integrity of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach cause damage to any part of a material obligation of Tenant’s tenancy hereunder. (d) the Premises, the Building, the Common Areas or the Property. Tenant shall not cause operate any foodequipment within the Premises which does or could (i) injure, waste vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other foreign substance to be thrown waste materials in the drainage systems of the Premises, the Building, the Common Areas or drawn into the plumbing or waste linesProperty. Tenant agrees to maintain shall not drain or discharge any fluids in the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation landscaped areas or across the paved areas of this Article. (e) the Property. Tenant shall install not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and maintain a working smoke detector/carbon monoxide detector in all such materials, supplies, inventory or equipment shall at all times be stored within the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from shall not commit nor permit to be committed any breach of waste in or about the provisions of this Article are difficultPremises, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law the Building, the Common Areas or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsProperty.

Appears in 2 contracts

Sources: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)

Use. 2.01 Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Demised Premises for executive in a safe and general offices. Provided that careful manner, without committing or permitting waste, and Tenant does not utilize shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any other portion governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Building for such purposePremises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall also be able immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to utilize eliminate the Demised disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for a kitchen for the testing and preparation any other tenant of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the BuildingLandlord’s Property, then Tenant shall only be able to utilize one (1) of said floors reimburse Landlord or such other tenant, as the case may be, for kitchen purposessuch additional cost upon demand. Tenant shall have not display or store any merchandise outside of the right to subsequently petition Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord for permission to install a kitchen on multiple floorsprovides rubbish removal services, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required reimburse Landlord for the proper and lawful conduct of Tenant’s business in the Demised Premisescost thereof within ten (10) days after demand, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantTenant shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained provide for the Building, Tenant’s use removal of its rubbish as and when necessary as required to keep the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws clean, safe and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that healthy condition, but in any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, event at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense least one (including, without limitation, reasonable attorneys’ fees1) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposestime per week. If Tenant is prevented from using fails to provide for the Demised Premises or third floor premises for more than ninety (90) daysremoval of its rubbish, Tenant then Landlord may terminate this Lease on notice cause the same to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install be removed and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which reimburse Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; immediately upon demand. Tenant will not permit the Premises to be vacant or (ii) treat such failure as abandoned or be used in any way which may be a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any foodnuisance, waste annoyance or inconvenience or which may result in damage to Landlord or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation tenants of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsProperty.

Appears in 2 contracts

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

Use. 2.01 The Premises shall be used and occupied by Tenant solely for the purposes of general office, lab, warehouse and other related ancillary uses and such use by Tenant shall at all times be in full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord set forth on Exhibit C. Tenant agrees not to commit or permit any act to be performed on the Premises or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Premises and occupy its occupancy and shall promptly comply with all governmental orders, rulings and directives for the Demised correction, prevention and abatement of any violation upon, or in connection with the Premises for executive or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s sole cost and general officesexpense. Provided Without limiting the scope of the foregoing provisions of this Article 11, Tenant’s use of the Premises shall comply with all applicable requirements of the 1998 Minnesota Uniform Fire Code, as amended and as may hereafter be amended from time to time and of any replacement and/or successor law, ordinance, code or rule or regulation, including, without limitation, the 2▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Fire Code, expressly including requirements relating to the types of materials that may be stored in the Premises, the storage containers that may be used, the heights such storage containers may be stacked and the separation that must exist between materials and stacks. Tenant does shall not utilize any disturb other portion occupants of the Building for such purpose, by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises or Building anything which will be dangerous to life or limb. The employees of Tenant shall also not be able permitted, during their breaks or otherwise, to utilize congregate or loiter in any of the Demised Premises for common areas of the Building, including the Common Areas, in such a kitchen for manner that would be disruptive of the testing and preparation of recipes and for photo shoots and online marketing use of such recipes Common Areas by the other tenants and for no occupants of the Building or that would obstruct access to, from or within the Building. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or equipment in or about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) tenant in the Building, then Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantprovide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall duly procure and thereafter maintain such license or permit and submit be installed by Tenant in the same for inspection by Premises without the prior written consent of Landlord. In no event shall Tenant shall at all times comply with (i) permit the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation storage of any zoning laws and/or resolutions materials, equipment or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor other personal property outside of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause permit any food, waste or other foreign substance motor vehicle to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach parked outside of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsBuilding overnight.

Appears in 2 contracts

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

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Leased Premises for a kitchen for the testing distribution center, warehouse facility, fulfillment center and preparation of recipes and for photo shoots and online marketing of such recipes office purposes, and for no other purpose without the prior written consent of Landlord. Tenant will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. It is intended that should Tenant rent more than one (1) floor (shall not cause, maintain or part thereof) permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so No use shall be in made or permitted to be made of the sole and absolute discretion Leased Premises, nor acts done, which will increase the existing rate of Landlord. 2.02 If insurance upon the Building or cause the cancellation of any governmental license or permit shall be required for insurance policy covering the proper and lawful conduct of Tenant’s business in the Demised PremisesBuilding, or any part thereof. Tenant shall not sell, and if failure to secure such license or permit would to be kept, used, in or about the Leased Premises, any way affect Landlord, article which may be prohibited by the Land or the Building or the conduct standard form of business thereon or therein, then Tenantfire insurance policy. Tenant shall, at its sole cost and expense, shall duly procure comply with any and thereafter maintain such license all requirements, pertaining to the Leased Premises, of any insurance organization or permit company, necessary for the maintenance or reasonable fire and submit public liability insurance covering the same for inspection by LandlordLeased Premises, Building and appurtenances. Tenant shall at all times comply with not place on any floor a load exceeding the terms and conditions of each floor load per square foot which such license or permit. At no expense floor was designed to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permitcarry. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Standard Industrial Lease Agreement (Innotrac Corp), Standard Industrial Lease Agreement (Innotrac Corp)

Use. 2.01 Tenant Lessee warrants and represents to Lessor that the Leased Premises may be used and occupied only for the purpose as set forth in Section 1.06. Lessee shall use and occupy the Demised Premises for executive Leased Premises, conduct its business and general offices. Provided that Tenant does control its agents, employees in such a manner as is lawful, reputable, will not utilize any other portion create a nuisance, interfere with standard Building operations, or affect the structural integrity or design capabilities of the Building for such purposeBuilding. Lessee shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Buildingreasonable opinion of Lessor, Tenant shall only be able to utilize one (1) extra hazardous on account of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in fire or which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, render void the Land or fire insurance on the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by LandlordBuilding. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not If at any time use or occupy, or suffer or permit anyone to use or occupyduring the Term, the Demised PremisesState Board of Insurance or other insurance authority disallows any of Lessor’s sprinkler credits or imposes an additional penalty or surcharge in Lessor’s insurance premiums because of Lessee’s original or subsequent placement or use of storage racks or bins, method of storage or nature of Lessee’s inventory or any portion thereofother act of Lessee, or do or permit Lessee agrees to pay as additional rent the increase in Lessor’s insurance premiums. Notwithstanding anything to be done set forth in the Demised Premisesthis Section 3.01, in violation of any zoning laws and/or resolutions no way does Lessor warrant or requirements of the Department of Buildings affecting the Demised Premisesrepresent, the Land and/or the Buildingeither expressly or impliedly, and, in the event a certificate of occupancy is obtained for the Building, Tenantthat Lessee’s use of the Demised Leased Premises shall not be is in violation accordance with applicable codes or ordinances of the certificate of occupancy for the Demised Premises or for municipality within which the Building so long is located. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Leased Premises for executive and general offices is permitted under applicable zoning lawsby Lessee. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises The foregoing indemnification and the third floor responsibilities of Lessee survive the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises termination or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Commercial Lease (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

Use. 2.01 Tenant Subtenant shall use and occupy the Demised Sublease Premises only for executive the purposes permitted under, and general offices. Provided that Tenant does not utilize any other portion in a manner consistent with, the provisions of the Master Lease. Subtenant will pay for any damage to any part of the Sublease Premises, Building or Center, subject to any applicable waiver of subrogation provision, if (i) caused by any act or omission by Subtenant or Subtenant’s employees, agents, licensees, contractors or invitees and (ii) Sublandlord would be required to pay for such purpose, Tenant shall also be able to utilize damage under the Demised Premises for a kitchen for Master Lease. Subtenant will comply with applicable provisions of the testing Master Lease and preparation of recipes the Center’s Rules and for photo shoots Regulations and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) will not cause anywhere in the BuildingCenter, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be Building or permit in the sole and absolute discretion Sublease Premises, (i) any activity or thing contrary to applicable law, ordinance, regulation, restrictive covenant, or insurance regulation; or which is in any way immoral or extra hazardous or could jeopardize the coverage of Landlord. 2.02 If any governmental license normal insurance policies or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisesincrease their cost; (ii) waste or nuisance, or any part thereof, and if failure to secure such license activity causing odors perceptible outside the Sublease Premises; or permit would in any way affect Landlord, (iii) overloading the Land floors or the Building structural or mechanical systems of the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by LandlordBuilding. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant Subtenant shall not at erect or place any time use item in or occupy, or suffer or permit anyone to use or occupy, upon the Demised areas outside the Sublease Premises, or any portion thereof, or do or permit anything to be done except as expressly provided in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises this Sublease. Subtenant shall not be in violation of the certificate of occupancy for the Demised Premises erect or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding place any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense item (including, without limitation, reasonable attorneys’ feessigns) arising therefrom in, upon or visible from the exterior of the Building without the consent of Master Landlord and Fixed Rent Sublandlord, except as expressly provided in this Sublease. Subtenant shall at Subtenant’s sole cost and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using expense faithfully observe and promptly comply with all local, state and federal laws, statutes, ordinances and governmental resolutions, orders, rules, regulations and requirements now in force or which may hereafter be in force with respect to Subtenant’s use, occupancy or possession of the Demised Sublease Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking and Subtenant’s business conducted in the Demised Premises: (a) Tenant, at is sole expense, shall install Sublease Premises and keep in good order and condition exhaust fans, ventilating systems, with the requirements of any board of fire underwriters or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts body now or hereafter constituted relating to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing or affecting the condition, that has given rise to such odors including use or occupancy of the installation of control devices Sublease Premises. Subtenant shall also comply with any covenant, condition or restriction affecting the implementation of procedures to eliminate such odors, and Building. Subtenant’s obligations under this Paragraph 8 will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have survive the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation termination of this ArticleSublease. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Sublease Agreement (Avanir Pharmaceuticals), Sublease Agreement (Tenby Pharma Inc)

Use. 2.01 The Leased Premises are leased to Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use set forth in Article 1.9 above and for no other purposepurpose whatsoever. It is intended that should Tenant rent more than one (1) floor (shall not use or part thereof) occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, Tenant shall only be able to utilize one (1) the Project or any of said floors for kitchen purposestheir respective contents, or make void or voidable or cause a cancellation of any insurance policy covering the Building, the Project or any part thereof or any of their respective contents. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or the Project or injure them. Tenant shall not use or allow the Leased Premises to be required used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the proper and lawful conduct Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Project. Tenant shall not use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of Tenant’s business in the Demised Premisesrecord, or any part thereoflaw, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantshall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the terms and conditions requirements of each such license any Board of Fire Underwriters or permitother similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with The judgment of any court of competent jurisdiction or the admission by Tenant in connection with securing any action against Tenant, whether Landlord be a party thereto or maintaining such license not, that Tenant has violated any matters of record, or permit. 2.03 any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not at place a load upon any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building Leased Premises which exceeds the load per square foot, which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due transmitted to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants structure of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

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

Use. 2.01 Tenant The Premises shall use and occupy the Demised Premises be used for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes business office purposes --- and for no other use or purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have comply with all present and future Laws relating to Tenant's use or occupancy of the right Premises (and make any repairs, alterations or improvements as required to subsequently petition Landlord for permission comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 -Rules and Regulations). Tenant shall not be required to install a kitchen on multiple floorsconstruct or pay the cost of complying with any covenants, in which event the decision whether to allow Tenant the ability to do so shall be conditions, restrictions and encumbrances, underwriter's requirements or rules regulations, statutes, ordinances, laws and building codes requiting construction of improvements in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated solely because of Tenant’s business 's particular use of the Premises. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the Demised Premisesexisting premium for, any insurance policy coveting the Property or any part thereof, and if failure . Tenant shall not permit the Premises to secure such license be occupied or permit would used in any way affect manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, or for any governmental use (including embassy or consulate use). Tenant shall not, without the prior consent of Landlord, (i) bring into the Land Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the conduct of business thereon heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit other systems in the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupyBuilding ("Building Systems"), or suffer or permit anyone to use or occupy, jeopardize the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor structural integrity of the Building to be used for office purposes. If, at or any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due part thereof; (ii) connect to the lack utility systems of a certificate of occupancy or pursuant to the Building any certificate of occupancy that is hereafter issuedapparatus, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, machinery or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and equipment other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rentthan typical office equipment; or (iiiii) treat such failure as a breach connect (directly, or indirectly through use of a material obligation of Tenant’s tenancy hereunder. (dintermediate devices, electrified strip molding, or otherwise) Tenant shall not cause to any food, waste electrical circuit in the Premises any equipment or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines load with aggregate electrical power requirements in good order, repair and condition and to repair any damage resulting from any violation excess of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach 80% of the provisions rated capacity of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionscircuit.

Appears in 2 contracts

Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)

Use. 2.01 Tenant shall use and occupy the 6.1 The Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used only for the testing and preparation purposes of recipes and for photo shoots and online marketing of such recipes “Tenant’s Use” as set forth in Section 1(h) hereof, and for no other purpose. It is intended that should Tenant rent more than one (1) floor (purpose or part thereof) in the Building, purposes whatsoever. 6.2 Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall to be required for the proper and lawful conduct of Tenant’s business done in or about the Demised Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereofthereof or any of its contents, and if failure or adversely affect or interfere with any services required to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then be furnished by Landlord to Tenant, at its sole cost or to any other tenants or occupants of the Building, or with the proper and expense, shall duly procure and thereafter maintain economical rendition of any such license or permit and submit the same for inspection by Landlordservice. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of about the Demised Premises shall not be which will in violation any way obstruct or interfere with the rights of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, or injure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant will promptly commence curing cause, maintain or permit any nuisance in, on or about the conditionDemised Premises or commit or suffer to be committed any waste in, that has given rise on or about the Demised Premises. If anything done, omitted to such odors including be done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about the installation Demised Premises shall cause the rate of control devices fire or other insurance on the implementation of procedures Building in companies acceptable to eliminate such odorsLandlord to be increased beyond the minimum rate from time to time applicable to the Building, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration shall pay the amount of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) increases. Tenant shall not cause or permit the use, generation, storage or disposal in or about the Demised Premises or the Building of any foodsubstances, waste materials or other foreign substance wastes subject to be thrown regulation under federal, state or drawn into the plumbing local laws from time to time in effect concerning hazardous, toxic or waste lines. Tenant agrees to maintain the plumbing and waste lines in good orderradioactive materials, repair and condition and to repair any damage resulting from any violation of this Article. (e) unless Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that have received Landlord’s damages resulting from prior written consent, which Landlord may withhold or at any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionstime revoke in its sole discretion.

Appears in 2 contracts

Sources: Gross Lease (ENDRA Life Sciences Inc.), Gross Lease (Endra Inc.)

Use. 2.01 Tenant shall not use or permit the Premises to be used for any purpose other than as general business offices of an information technology services company, in accordance with all Laws and in keeping with the standards of a first class industrial/office building. Tenant acknowledges that Landlord is making no representation or warranty as to Tenant’s ability to use the Premises for its intended use and occupy the Demised Premises for executive Tenant shall prior to executing this Offer perform such searches and general offices. Provided satisfy itself that its use is permitted under all applicable Laws and that Tenant does not utilize any other portion of will be able to obtain an occupancy permit. In addition to and as ancillary to the Building for such purposeforegoing, Tenant shall also be able entitled to utilize use a portion of Unit 5 as a fitness facility for use by Tenant’s employees only (the Demised Premises for a kitchen for “Exercise Facility”) on the testing following terms and preparation conditions: (i) the Exercise Facility shall not exceed approximately 3,000 square feet of recipes Rentable Area of Unit 5 and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, provided by Tenant at its sole cost and expenseexpense and shall be installed and operated otherwise in accordance with applicable Laws and the applicable provisions of the Lease; (ii) Tenant shall be permitted to install a tread pool (“Tread Pool”) within the Exercise Facility, which shall duly procure not exceed approximately 200 square feet in size. The Tread Pool shall be an above ground, pre-fabricated unit, to be installed and maintained at Tenant’s sole expense by a reputable contractor who has received the prior written approval of Landlord, and Tenant shall thereafter maintain such license be responsible for quarterly inspections of the Exercise Facility by an Approved Consultant (as defined in the Lease) to ensure there is no development of mold or permit and submit other Hazardous Substances within the same for inspection by LandlordPremises as a result of the presence of the Tread Pool or the Exercise Facility. Tenant shall deliver to Landlord copies of its annual maintenance and quarterly inspection contracts for the Exercise Facility and any service reports generated in connection therewith, including confirmation, satisfactory to Landlord, that all maintenance, repairs and/or replacements required or recommended by such service reports have been completed; (iii) the Exercise Facility shall at all times comply with the terms be used and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located operated in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises:first class manner; (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (biv) Tenant shall take every reasonable precaution to ensure that the use commercially reasonable efforts and operation of the Exercise Facility does not disturb any other tenants or any other Persons permitted to keep be on the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors Project and, for which Landlord has received bona fide reasonably based complaintsgreater certainty, to shall ensure no undue noises or vibrations emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.;

Appears in 2 contracts

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

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen Land for the testing and preparation purpose of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Buildingconstructing, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereofmaintaining, and if failure to secure such license or permit would in any way affect Landlordoperating for profit an amusement facility under the trade name Festival Fun Parks, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (LLC including, without limitation, reasonable attorneys’ fees) arising therefrom the following amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysother Festival Fun Parks attractions; provided, however, Tenant can vary the use consistent with the then highest and best use of the Land, as reasonably determined by Tenant from time to time during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and authorize such alternate use; provided however, Landlord may terminate consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and Improvements in giving or withholding its consent. Subject to such right of Landlord, Landlord acknowledges that Tenant may change the use of the Land pursuant to Paragraph 6.1 of this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Lease. Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin use and other pests. (c) Tenant will permit use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant Land for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of purposes permitted by this Paragraph 1 which in Tenant’s tenancy hereunder. reasonable opinion will maximize Gross Income (d) as hereinafter defined). Tenant shall not cause use and shall not permit or suffer the Land or any food, waste or other foreign substance portion of the Land to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines used in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges manner that Landlord’s damages resulting from any breach of would violate the provisions of this Article are difficultany certificate of occupancy or conditional use permit issued with respect to any of the Improvements, if not impossible to ascertain and concedes that among or any other remedies license, permit, or other governmental authorization that is required for the lawful use or occupancy of all or any such breach permitted by law portion of the Land or the provisions Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and maintain the same throughout the term of this Lease, Landlord Lease or throughout the duration of the period the same shall be entitled required. Tenant will not use the Land inconsistent with any private covenant, condition or restriction, currently recorded or hereafter consented to enjoin in writing by Tenant from (“CC&R’s”), any violation of said provisionsconditional use permit (“CUP”) or any other zoning or other restrictive provision to which the Land is subject.

Appears in 2 contracts

Sources: Ground Lease, Ground Lease (Palace Entertainment Holdings, Inc.)

Use. 2.01 Tenant shall continuously occupy and use the Premises only for the Permitted Use and occupy shall comply with all Laws relating to the Demised use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Notwithstanding the foregoing to the contrary, Landlord shall be responsible for executive making all alterations and general offices. Provided improvements required by applicable Laws with respect to those items which are Landlord's responsibility to repair and maintain pursuant to Section 8(b) above; provided, however, that Tenant does not utilize shall reimburse Landlord, within thirty (30) days after invoice, for the costs of any such improvements and alterations and other portion compliance costs to the extent necessitated by or resulting from (i) any alterations or tenant improvements installed by or on behalf of Tenant, (ii) damage caused by a Tenant Party, and/or (iii) Tenant's particular manner of use of the Building Premises. The population density within the Premises as a whole shall at no time exceed one person for such purposeeach 300 rentable square feet in the Premises. Tenant shall not conduct second or third shift operations within the Premises; however, Tenant may use the Premises after normal business hours, so long as Tenant is not conducting second or third shift operations within the Premises after normal business hours. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall also be able bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to utilize time (the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof"Disabilities Acts") in the BuildingPremises, Tenant and (b) Landlord shall only be able to utilize one (1) bear the risk of said floors for kitchen purposes. Tenant shall have complying with the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be Disabilities Acts in the sole and absolute discretion common areas of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in other than compliance that is necessitated by the event a certificate particular manner of occupancy is obtained for the Building, Tenant’s use of the Demised Premises by Tenant or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in violation an increased rate of insurance on the certificate of occupancy for the Demised Premises Building or its contents, or for the Building so long as the certificate storage of occupancy obtained permits Tenant’s permitted use under Section 2.01 any Hazardous Materials (excluding any right to maintain a kitchenother than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s shall not use any substantial portion of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that a "call center." any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposesother telemarketing use, or any credit processing use. If, at any timebecause of a Tenant Party's acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then such acts shall be an Event of Default, Tenant is prevented from lawfully using shall pay to Landlord the Demised Premises or the third floor premises for executive amount of such increase on demand, and general offices due to the lack acceptance of a certificate such payment shall not waive any of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposesLandlord's other rights. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts conduct its business and control each other Tenant Party so as not to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent create any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)

Use. 2.01 Tenant shall use and occupy the 5.01. The Demised Premises for executive shall be used by Tenant solely as and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It No sublease, assignment or other transfer of any of Tenant's rights hereunder shall be inconsistent with the Permitted Use, absent Landlord's consent which shall not be unreasonably withheld, conditioned or delayed. In no event shall Landlord be required to consent to a change in the Permitted Use that, in Landlord's reasonable judgment, is intended inconsistent with the Building's status as a Class A office building in Nassau County, New York. 5.02. Tenant shall not use or permit the use of the Demised Premises or any part thereof in any way that should Tenant rent more than one (1) floor (would violate the Permitted Use or part thereof) any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purpose or in any unlawful manner or in violation of the Certificate of Occupancy for the Demised Premises or the Building, and Tenant shall only not suffer or permit the Demised Premises or any part thereof to be able used in any manner, or anything to utilize one (1) be done therein or anything to be brought into or kept therein, that, in the reasonable judgment of said floors for kitchen purposesLandlord, in any way impairs or tends to impair the character, reputation or appearance of the Building as a high quality office building, impairs or interferes with, or tends to impair or interfere with, any of the Building services or the proper and economic heating, cleaning, air-conditioning, ventilating or other servicing of the Building or the Demised Premises, or impairs or interferes with, or tends to impair or interfere with, the use of any of the other areas of the Building by, or occasions material discomfort, inconvenience or annoyance of, any other tenants or occupants of the Building, or increases, or tends to increase, Landlord's costs of operating the Building. Tenant shall have not install any electrical or other equipment of any kind that, on the right reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Upon ten (10) days written notice to subsequently petition Landlord for permission to install Tenant (except in the case which Landlord, in its reasonable discretion, deems a kitchen on multiple floorsbona fide emergency, in which event the decision whether to allow Tenant the ability to do so case no notice is required) Landlord shall be permitted to take such "peaceable" actions as Landlord reasonably deems necessary to obtain Tenant's compliance with this Section including, without limitation, removal at Tenant's sole cost and expense of any installations of Tenant that violate the terms of this Section in the sole and absolute discretion of Landlord's judgment. 2.02 5.03. Landlord shall at all times comply with all applicable federal, state and local laws with respect to the Building and the Property. If any governmental license or permit permit, other than a Certificate of Occupancy for the Building, shall be required for the proper and lawful conduct of Tenant’s 's business in the Demised Premises, Premises or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, Tenant at its sole cost and expense, expense shall duly procure and thereafter maintain and comply with the terms and conditions of such license or permit and submit the same to Landlord for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permitinspection. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Lease Agreement (1 800 Flowers Com Inc), Lease Agreement (1 800 Flowers Com Inc)

Use. 2.01 (a) Tenant shall use and the Premises only for the Permitted Use. Tenant will not occupy or use the Demised Premises for executive and general offices. Provided that Tenant does not utilize Premises, or permit any other portion of the Building Premises to be occupied or used, for such purpose, Tenant shall also any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would disreputable in any way affect Landlordmanner or extra hazardous on account of fire, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or nor permit anything to be done which will in any way increase the Demised Premisesrate of fire insurance on the Project or contents; and in event that, by reason of acts of Tenant, there shall be any increase in violation rate of insurance on the Project or contents created by Tenant’s acts or conduct of business then Tenant shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the insurance increase to be fully eliminated, and acceptance of such payment shall not constitute a waiver of any zoning laws and/or resolutions or requirements of Landlord’s other rights provided herein. Landlord hereby agrees and acknowledges that based on what Landlord knows of Tenant’s intended use of the Department of Buildings affecting the Demised Premises, the Land and/or Permitted Use shall not increase Landlord’s fire insurance rates. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the BuildingProject. Tenant will maintain the Premises in a clean and safe condition and will comply with all laws, andordinances, in the event a certificate order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to its specific manner of occupancy is obtained for the Building, Tenant’s use of the Demised Premises premises. Tenant will not, without the prior written consent of Landlord, which consent shall not be in violation unreasonably withheld, conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the exterior of the certificate of occupancy for the Demised Premises or for any part thereof. Should Landlord agree in writing to any of the Building so long as foregoing items in the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained hereinpreceding sentence, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is will maintain such permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep item in good order condition and condition exhaust fansrepair at all times. Outside storage, ventilating systems, including but not limited to trucks or other similar exhaust devicesvehicles or equipment shelter, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall use commercially reasonable efforts not permit its employees or invitees to keep the Demised Premises free from infestation of vermin transport or store any Hazardous Substance, except for standard office supplies and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintscleaning products, to emanate to, on or from the Demised Premises. Upon notification from Project and/or Premises except in strict compliance with Environmental Law and shall promptly report to Landlord that Landlord has received complaints from any spill or other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration discharge of any applicable cure periodHazardous Substance caused by Tenant, shall its employees or invitees which occurs (i) have on the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; Premises or (ii) treat in the Project. Tenant shall, promptly, following the occurrence of any such failure spill or discharge caused by Tenant, its employees or invitees, commence all such containment and remediation activities as a breach of a material obligation of Tenant’s tenancy hereunder. (d) may be necessary to comply with Environmental Law. Tenant shall not cause any food, waste or other foreign substance continue such remediation activities until the Premises have been restored to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain condition in which they existed on the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this ArticleCommencement Date. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)

Use. 2.01 Tenant shall Tenant, for the use and occupy benefit of Tenant, its agents, employees, customers and licensees, shall, subject to the Demised Premises rights of tenants in the Property having the exclusive right to use certain portions of the Common Areas and automobile parking areas, have the non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers and licensees, to use said Common Areas and parking areas during the entire Term, or any extension thereof, for executive ingress and general officesegress, and automobile parking. Provided that Tenant does The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said Common Areas and parking areas. Such rules may include but shall not utilize be limited to the following: (i) the restricting of employee parking to a limited, designated area or areas, and (ii) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. Landlord shall have the right, without notice to or consent of Tenant, to alter the Common Areas and/or automobile parking areas from time to time, to change the size, location, elevation and nature of all or any other portion of the Building for such purposeProperty, Tenant shall also be able including the Common Areas, and the stores in the Property; and to remove, repair, alter, improve or rebuild all or any part of the Property, including the Common Areas. Without limiting the foregoing, Landlord expressly reserves the right to modify, from time to time, the Property’s traffic flow pattern, layout of parking spaces and the entrances-exits to adjoining public streets or walkways, to utilize portions of the Demised Premises Common Areas for a kitchen for entertainment and displays, and to do such other acts in and to the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purposeCommon Areas, as in its judgment may be desirable. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant Landlord shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If close any governmental license Common Areas or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisesother facilities, or any part thereoftemporarily to ▇▇▇▇▇ the operations of such facilities, and if failure to secure such license all without being deemed an eviction of Tenant or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection a default by LandlordLandlord hereunder. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, have the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. Ifright, at any time, Tenant to change the location, shape, height, size, nature and configuration of stores, buildings, drive aisles, parking, and entrances, to locate and construct thereon kiosks, additional buildings and improvements of any type, to make alterations or additions and to build additional stories on the Shopping Center and the Premises. Any site plan, drawing or similar exhibit relating to the Property, the Shopping Center and/or the Premises contained in this Lease are diagrammatic and approximate and is prevented from lawfully using not, and shall not be deemed to be, a representation or warranty of any the Demised Premises location or existence of any Common Areas or any existing or future tenant, occupant, or owner of the Shopping Center or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordProperty. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

Sources: Retail Lease Agreement, Retail Lease Agreement

Use. 2.01 Tenant The Premises shall use and occupy be used for office purposes (the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes "PERMITTED USE") and for no other purpose. It Neither Landlord nor its agents or employees have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business. Tenant agrees not to use or permit the use of the Premises for any purpose which is intended that should Tenant rent more than one (1) floor (illegal, dangerous to life, limb or part thereof) property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In the event there shall be any increase in the cost of insurance coverage with respect to the Building which results from Tenant's acts or conduct of business, then Tenant hereby agrees to pay the amount of such increase on demand. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants or Landlord in the management 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 use, condition or occupancy of the Premises. Tenant covenants not to introduce any toxic material into or near Building. Without limiting the generality of the foregoing, Tenant shall only be able to utilize one (1) not store, use or dispose of said floors for kitchen purposesany toxic material in or near the Building. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floorscomply with all applicable federal, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereofstate, and if failure local laws or ordinances pertaining to secure such license the storage, use or permit would in disposal of any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordtoxic material. Tenant shall at all times will comply with the terms rules and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be used for office purposessent by Landlord to Tenant in writing. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants A copy of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, existing rules and will complete such installations or implementation regulations is attached hereto as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant Exhibit "H" and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as made a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste linespart hereof. Tenant agrees not to maintain commit or allow any waste to be committed on any portion of the plumbing Premises, and waste lines in good order, repair and condition and to repair any damage resulting from any violation at the termination of this Article. (e) Lease to deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Tenant shall install and maintain a working smoke detector/carbon monoxide detector in will not conduct or permit to be conducted any sale by auction on the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult(See Addendum, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsSection 5).

Appears in 2 contracts

Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)

Use. 2.01 Tenant shall use and occupy the Demised Leased Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purposeoffice purposes, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose without the prior written consent of Landlord. Tenant will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the Property and the Leased Premises. It is intended that should Tenant rent more than one (1) floor (agrees to operate its business in the Leased Premises during the entire Term and to conduct its business in a reputable manner. Tenant shall not cause, maintain or part thereof) permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so No use shall be in made or permitted to be made of the sole and absolute discretion Leased Premises, nor acts done, which will increase the existing rate of Landlord. 2.02 If insurance upon the Building or cause the cancellation of any governmental license or permit shall be required for insurance policy covering the proper and lawful conduct of Tenant’s business in the Demised PremisesBuilding, or any part thereof. Tenant shall not sell, and if failure to secure such license or permit would to be kept, used, in or about the Leased Premises, any way affect Landlordarticle, which may be prohibited by the Land or the Building or the conduct standard form of business thereon or therein, then Tenantfire insurance policy. Tenant shall, at its sole cost and expense, shall duly procure comply with any and thereafter maintain such license all requirements, pertaining to the Leased Premises, of any insurance organization or permit company, necessary for the maintenance or reasonable fire and submit public liability insurance covering the same for inspection by LandlordLeased Premises, Building and appurtenances. Tenant shall restrict the number of employees, including temporary workers, permitted in the Leased Premises to no more than allowed by the prevailing building code at all times comply with the terms and conditions of each such license or permitany given time. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at place on any time use or occupyfloor a load exceeding the floor load per square foot, or suffer or permit anyone which such floor was designed to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zonecarry. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not to prescribe the obligation to use self-help weight, position and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach manner of a material obligation installation of Tenant’s tenancy hereundersafes and other heavy equipment and fixtures. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 2 contracts

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

Use. 2.01 Tenant Tenant: (a) shall not use and occupy the Demised Premises for executive any unlawful purpose or act; shall not commit waste or damage to the Demised Premises; shall, at Tenant's expense, comply with and general offices. Provided that Tenant does not utilize obey all federal, state, municipal and other applicable laws, regulations, or orders of any other portion governmental authority or agency relating to the operating, managing, insuring, equipping, repairing, replacing and maintaining of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen to the extent the same are otherwise the obligation of Tenant under this Lease; (b) shall comply with all reasonable rules and regulations for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection building as promulgated by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant ; (c) shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises which will in any way materially obstruct or interfere with the rights of other tenants or occupants of the Landlord or injure them; (d) shall not use or permit the use of the Demised Premises as living quarters, sleeping rooms, or overnight accommodations; (e) shall follow and abide by all historic covenants on the building and ensure compliance with any and all applications and approvals by state or local historic organizations; and (f) shall not do or permit anything to be done which will invalidate any fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises, in violation or increase the premium rates therefor. Tenant shall comply with all reasonable requests of any zoning laws and/or resolutions or requirements carrier of the Department foregoing insurance risks. Landlord shall not be responsible to Tenant for non-performance by any occupant of Buildings affecting the Demised Premises of the rules and regulations promulgated by Landlord. Tenant agrees as follows: Tenant shall not engage or cause to engage or condone an activity or activities or performance of activity with respect to lewd or crude behavior including but not limited to profanity, nudity, diverse contests either inside or outside of the Demised Premises or within the property lines including but not limited to advertising, banners, signage, programs, contests, promotional flyers or items, interior or exterior decor, window clings or window signage. All garbage and refuse shall be kept in the size and kind of container specified by Landlord. Tenant shall not burn any trash or garbage in or about Demised Premises. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. Tenant shall not permit or place any obstructions in the outside areas immediately adjoining the Demised Premises including but not limited to the sidewalks in front of and to the side of the Demised Premises or the parking lot to the side of the Demised Premises, the Land and/or the Building, and, . The plumbing facilities in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation used for any purpose other than that for which they are constructed, and no foreign substance of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building kind shall permit the Demised Premises be introduced therein and the third floor expense of the Building to be used for office purposes. Ifany breakage, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systemsstoppage, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any a violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord provision shall be entitled to enjoin Tenant from any violation of said provisionsborne by Tenant.

Appears in 1 contract

Sources: Lease Agreement

Use. 2.01 Tenant shall continuously occupy and use the Premises only for --- general office use (the "Permitted Use") and occupy shall comply with all laws, orders, rules, and regulations relating to the Demised Premises for executive use, condition, access to, and general offices. Provided that Tenant does not utilize any other portion occupancy of the Premises. The Premises shall not be used for any use which is disreputable or creates extraordinary fire hazards. Without the Landlord's written consent, the Premises shall not be used for any use which results in an increased rate of insurance on the Building or its contents, or for the storage of any hazardous materials or substances, provided, however, that Landlord acknowledges that standard office and/or janitorial supplies will be used in the ordinary course of Tenant's business. Tenant agrees that the quantities of the referenced materials located in the Premises shall not exceed the amount reasonably necessary for Tenant to conduct business in the ordinary course. Tenant further agrees to indemnify the Landlord from and against any and all damages and liabilities of any type incurred by the Landlord or the Building as a result of such purposeuse by Tenant. If, because of Tenant's acts, the rate of insurance on the Building or its contents increases, then Tenant shall also be able pay to utilize Landlord the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing amount of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesincrease on demand. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsconduct its business and control its agents, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereofemployees, and if failure invitees in such a manner as not to secure such license create any nuisance or permit would unreasonably interfere with other tenants or Landlord in any way affect Landlord, its management of the Land or the Building or the conduct of business thereon or therein, then Building. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning all laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom any and Fixed Rent all environmental rules, regulations and Additional Rent requirements, and all laws regarding access for handicapped or disabled persons), ordinances and regulations, and all declarations, covenants, and restrictions, applicable to Tenant's use or occupation of the Premises, and with all governmental orders and directives of public officers which impose any duty or restriction with respect to the use or occupation of the Premises. Outside storage, including, without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. No use shall ▇▇▇▇▇ until Tenant is no longer prevented be made of the Premises that would constitute the Building as a place of public accommodation under the Americans with Disabilities Act or similar statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from using time to time (the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install "ADA"); and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep cause the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintsand, to emanate from the Demised extent required by improvements to the Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of , the Building, Tenant will promptly commence curing ) to comply with the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderADA. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Xii Lp)

Use. 2.01 Tenant The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It Tenant agrees not to use or permit the use of the Premises for any purpose which is intended that should Tenant rent more than one (1) floor (illegal, dangerous to life, limb or part thereof) property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. If there shall be any increase in the Buildingcost of insurance coverage with respect to the Building which results from Tenant’s acts or conduct of business, then such acts shall be deemed to be a default hereunder and Tenant shall only be able hereby agrees to utilize one (1) pay the amount of said floors for kitchen purposessuch increase on demand. Tenant shall have will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the right management of the Building and the Property. 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 subsequently petition Landlord the use, condition, configuration or occupancy of the Premises; provided however, that to the extent such laws or changes in laws applicable to the Premises (except for permission laws or changes in laws that pertain particularly to install a kitchen on multiple floorsTenant or to Tenant’s particular use of the Premises, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion responsibility of Landlord. 2.02 If any governmental license or permit Tenant at its sole cost) require expenditures of a “capital” nature (as determined by generally accepted accounting principles consistently applied), then such “capital” expenditures shall be required for amortized (using a market cost of funds as reasonably determined by Landlord) over the proper useful life of such asset and lawful conduct only the amortized cost thereof shall be included in Basic Costs during the remaining Term of the Lease. Tenant’s business in , within ten (10) days after the Demised Premises, or any part receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any such laws, ordinances, orders, rules and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then regulations. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times will comply with the terms rules and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor regulations of the Building to be used for office purposes. If, at any attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, -to-time and will complete cause all of its agents, employees, invitees and visitors to do so. All such installations or implementation as commercially changes to rules and regulations will be reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice and shall be sent by Landlord to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderin writing. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Office Lease Agreement (Epicor Software Corp)

Use. 2.01 The Premises shall be used solely for the 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 the Premises 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. 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 occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion and/or occupancy of the Building 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 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 purposeitems 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 also be able 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 utilize the Demised Premises for a kitchen based upon Tenant's Share as usually furnished for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purposePermitted Use. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required responsible for the proper compliance of the Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Delivery Date (in its then condition and lawful conduct of Tenant’s business in before any work to be undertaken by Tenant pursuant to the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Work Letter). Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license make any alterations or permit and submit modifications, to the same for inspection by Landlord. Tenant shall at all times comply with interior or the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements exterior of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the lack performance of a certificate Tenant's work under the Work Letter and/or Tenant's use or occupancy of occupancy the Premises. Notwithstanding any other provision herein to the contrary, but subject to Landlord's obligations as of the Delivery Date of the Lease, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or pursuant to any certificate of occupancy that is hereafter issuedjudgments, Landlord shall indemnify and hold harmless Tenant from any liability, damage all reasonable expenses incurred in investigating or expense resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises out of or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In in connection with any permissible cooking in failure of the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) the Project to the extent related to Tenant's use or occupancy of the Premises, to comply with any Legal Requirement from and after the Delivery Date, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises, or the Project to the extent related to Tenant's use commercially reasonable efforts to keep or occupancy of the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintsPremises, to emanate comply with any Legal Requirement from and after the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderDelivery Date. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Equinix Inc)

Use. 2.01 Tenant The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant agrees not to use or permit the use of the Premises for any purpose which is intended that should illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant rent more than one (1) floor (will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or part thereof) disturb other tenants or Landlord in the Building, management of the Project. Tenant shall only be able not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to utilize one (1) 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 said floors for kitchen purposesthe Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord agrees to permit Tenant to store certain lab equipment such as cylinders or nitrogen tanks outside in areas adjacent to the Premises as reasonably designated by Landlord without any additional rent. Landlord shall have the right to subsequently petition Landlord for permission require Tenant to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantinstall, at its sole cost and expense, shall duly procure protection or screening around such equipment as Landlord may reasonably deem necessary or advisable. Tenant will maintain the Premises in a clean and thereafter maintain such license healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, condition, configuration or permit and submit occupancy of the same for inspection by LandlordPremises. Tenant shall not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except as set forth in Section 30 below and for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at all times its expense, will comply with the terms rules and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor 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 used for office purposesreasonable and shall be sent by Landlord to Tenant in writing. If, at any time, Tenant is prevented from lawfully using In the Demised Premises or the third floor premises for executive and general offices due to the lack event of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify conflict between the rules and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom regulations and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions terms of this Lease, the terms of this Lease shall control. Landlord shall be entitled to enjoin not enforce the rules and regulations against Tenant from any violation of said provisionsin a discriminatory manner.

Appears in 1 contract

Sources: Industrial Building Lease (Chimerix Inc)

Use. 2.01 (a) After the Commencement Date and throughout the Term, Tenant shall agrees to continuously use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s operate its business in the Demised Premises, fully fixtured, stocked and staffed, only for purposes of conducting business as a hydroponics supplier and retail store. Tenant agrees to conduct its business in the Premises so as not to unreasonably interfere with the operation of the Shopping Center or any part thereofthe business of other tenants, and if failure so as not to secure such license cause the cancellation, reduction or permit would in nonrenewal of any way affect Landlord, the Land or the Building or the conduct insurance policy of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant understands that the parking lot is shared by neighboring retail Tenants and shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone other Tenants to use or occupy, allow the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building shared parking lot to be used for office purposesthe visiting patrons doing business with other Tenants. IfLandlord, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises not responsible for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (includingtheft of Tenants inventory. No sales, without limitationgrowing, reasonable attorneys’ fees) arising therefrom storage or distribution of any marijuana or products containing marijuana shall be permitted on the premises at any time during the Primary Lease term and Fixed Rent any Option Periods. Should Tenant be found in violation, the lease shall be terminated immediately and Additional Rent Tenant shall ▇▇▇▇▇ until Tenant is no longer prevented from using vacate the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devicespremises. (b) Tenant shall and its employees and customers have a nonexclusive license to reasonably use commercially reasonable efforts exterior areas of the Shopping Center that are not leased to keep or intended for the Demised exclusive use of Landlord or others ("Common Areas") for their designed purposes. Landlord retains exclusive management and control of all Common Areas and of all portions of the Premises free outside interior walls (excluding storefront). Tenant agrees to abide by any rules and regulations pertaining to the Common Areas adopted by Landlord from infestation of vermin and other peststime to time. (c) Tenant will use commercially reasonable efforts to prevent All Tenant's signs, displays and advertising of any offensive odors for which kind visible from the exterior of the Premises must be approved in advance by Landlord has received bona fide reasonably based complaintsand comply with governmental requirements, to emanate include local code restrictions. Tenant is responsible for all costs of sign permits, design, fabrication, installation, removal and replacement. All Tenant's signs must be installed within 60 days from the Demised Premisesdate Tenant opens for business. Upon notification from Landlord that Landlord has received complaints from other tenants Tenant shall remove all exterior signs and related equipment then in place in, on or about the Premises within ten (10) days after the end of the BuildingTerm. Tenant shall repair any holes, openings in the building exterior caused by removal of Tenant's signs and shall apply touch up paint to any areas affected by sign. If Tenant will promptly commence curing fails to remove any such signs within the conditiontime permitted, that has given rise to Landlord may hold Tenant's security deposit until such odors including the installation of control devices or the implementation of procedures to eliminate such odorswork is done, and will complete such installations or implementation as commercially reasonable as possible thereaftermay deduct any and all expenses incurred by Landlord in connection with removal, repair and disposal of Tenant's signs from Tenant's security deposit. Should Tenant fail shall also be allowed to take commercially reasonable stepshave signage on the storefront, Landlorddirectly above Tenants leased premise. Tenant shall be responsible for all costs, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant including permits for the cost thereof as Additional Rent; above signage. Tenant signage shall be subject to Landlord approval, not to be unreasonably withheld. Tenant signage shall contain only standard company name and logo, no exterior signage, window decals, banners etc shall not contain any pictures or (ii) treat such failure as a breach depictions of a material obligation marijuana leaf or mention of Tenant’s tenancy hereundermarijuana specifically. (d) Tenant shall not cause any foodagrees to comply with all applicable law, waste or other foreign substance to be thrown or drawn into including environmental laws, in its use and occupancy of the plumbing or waste linesPremises. Tenant agrees not to maintain store, generate, treat, transport or release hazardous substances in, on or about the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law Premises or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsShopping Center.

Appears in 1 contract

Sources: Commercial Lease (GrowGeneration Corp.)

Use. 2.01 Tenant (a) The Premises shall use be used and occupy occupied by the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Lessee as an office and for no other purpose. It is intended that should Tenant rent more than one (1) floor (Lessee agrees to conduct its business at all times in a reputable manner and to operate all of the Premises unless prevented from doing so because of fire, accident or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesforce majeure. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantLessee shall, at its sole own cost and expense, shall duly procure obtain any and thereafter maintain such license or permit all licenses and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained permits necessary for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devicesaforesaid use. (b) Tenant Lessee shall use commercially reasonable efforts not solicit, peddle, canvas or distribute handbills or other written material or permit any such acts in its behalf, in the hallways, corridors, or other Common Areas of the Building, or on the grounds, parking areas, and sidewalks surrounding the Building. All such activities shall be confined to keep the Demised Premises free Premises. Lessee shall not solicit sales from infestation of vermin persons other than accredited retail and other pestswholesale merchants and their representatives. (c) Tenant will use commercially reasonable efforts Lessor reserves the right to prevent any offensive odors prescribe qualifications and time for which Landlord has received bona fide reasonably based complaints, admission to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing including but not limited to the condition, that has given rise to such odors including the installation payment of control devices or the implementation of procedures to eliminate such odorsan admission fee, and will complete to restrict access to the Building or any portion thereof to accredited retail and wholesale merchants and their representatives, and to make admission into the Building conditioned upon presentation and exhibition of such installations credentials as Lessor may deem necessary or implementation as commercially reasonable as possible thereafterappropriate. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, Lessee shall (i) have be furnished with credentials for admission into the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderBuilding if deemed necessary by Lessor. (d) Tenant No sign, tag, label, picture, advertisement, or notice shall not cause any foodbe displayed, waste installed, distributed, inscribed, painted or other foreign substance to be thrown affixed by Lessee on the exterior doors, plate glass or drawn into the plumbing exterior or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach interior walls of the provisions Premises or on any part of this Article are difficultthe outside or inside of the Building without the prior written consent of the Lessor as to the content and design thereof. Lessee shall remove all signs, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or any, at the provisions termination of this Lease, Landlord . Installation and removal of all signs shall be entitled made in a good and workmanlike manner so as to enjoin Tenant from any violation avoid injury to or defacement of said provisionsthe Building, Premises and the improvements therein. No show cases or other fixtures or objects shall be placed by Lessee in front of the Building, in the corridors or elsewhere in or about the Building, other than within the Premises.

Appears in 1 contract

Sources: Lease Agreement (Ambassadors International Inc)

Use. 2.01 The Leased Premises are leased to Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use set forth in Article 1.9 above and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposespurpose whatsoever. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be required for done in or about the proper and lawful conduct Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of Tenant’s business in or affect any casualty or other insurance on the Demised PremisesBuilding or the Property, or any of their respective contents, or make void or voidable or cause a cancellation of any insurance policy covering the Building or the Property, or any part thereof, and if failure to secure such license thereof or any of their respective contents. Tenant shall not do or permit would anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way affect Landlord, obstruct or interfere with the Land rights of other tenants or occupants of the Building or the conduct Property or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of business thereon record, or thereinany law, then Tenantstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the terms and conditions requirements of each such license any Board of Fire Underwriters or permitother similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with The judgment of any court of competent jurisdiction or the admission by Tenant in connection with securing any action against Tenant, whether Landlord be a party thereto or maintaining such license not, that Tenant has violated any matters of record, or permit. 2.03 any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not at place a load upon any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due transmitted to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants structure of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Industrial Lease (Studio One Media, Inc.)

Use. 2.01 Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and occupy shall comply with all Laws relating to the Demised Premises for executive use, condition, access to, and general offices. Provided that Tenant does not utilize any other portion occupancy of the Building for such purposePremises and will not commit waste, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in overload the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land Structure or the Building Building’s Systems or subject the conduct of business thereon or therein, then Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall duly procure obtain and thereafter maintain keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such license laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or permit as a result of any alterations or additions made by Tenant (which risk and submit the same for inspection responsibility shall be borne by LandlordTenant). Tenant shall at all times comply not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the terms and conditions of each such license or permitBuilding. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at knowingly conduct or permit to be conducted in the Premises any time use or occupyactivity, or suffer place any equipment in or permit anyone about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to use or occupy, activity conducted from the Demised Premises, or any portion thereofact or omission by Tenant, or do its agents, employees, representatives, or permit anything contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to be done such act of Tenant or the contents or equipment in or about the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event as a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained hereinresult thereof, Tenant acknowledges that no certificate of occupancy has been obtained shall be liable for the Demised Premises and/or for the Building such increase and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building such increase shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and considered Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using payable with the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation next monthly installment of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of Base Rent due under this Lease, Landlord and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be entitled to enjoin Tenant from kept on the Premises or brought into the Building any violation of said provisionsdangerous, noxious, radioactive or explosive substance.

Appears in 1 contract

Sources: Office Lease Agreement

Use. 2.01 Tenant shall Subject to the use prohibitions and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion Occupancy Threshold provisions described in Section 9 of the Building Master Lease, the Subleased Premises shall not be used or occupied for such purposeany use other than general office, Tenant administrative and training facility uses and other legally permitted uses compatible with first class office buildings, including, but not limited to, an engineering lab. Throughout the Term, Subtenant’s business shall also be able conducted in a first-class manner and so as not to utilize violate any term, provision or condition of the Demised Master Lease or this Sublease. Subtenant shall comply with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record and requirements in effect during the Term hereof regulating the use by Subtenant of the Subleased Premises; provided however, Subtenant shall not be responsible for violations of applicable law relating to the Subleased Premises for (a) occurring prior to Subtenant’s occupancy of the Subleased Premises, or (b) caused by Sublandlord or its agents. Subtenant shall not use or permit the use of the Subleased Premises in any manner that will create waste or create a kitchen for the testing and preparation nuisance or disturb other tenants of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant . Subtenant shall only not do or suffer anything to be able done upon the Subleased Premises which will cause structural injury to utilize one (1) of said floors for kitchen purposesthe Subleased Premises or the Building. Tenant Subtenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use or permit shall be required the use of the Subleased Premises or any part thereof for any purpose which will increase the proper and lawful conduct existing rate of Tenant’s business in insurance upon the Demised Premises, Building or any part thereof, and if failure to secure such license or permit would in cause a cancellation of any way affect Landlord, the Land or insurance policy covering the Building or any part thereof. In the conduct event any act on the part of business thereon Subtenant or thereinuse of the Subleased Premises by Subtenant shall cause, then Tenantdirectly or indirectly, at its sole cost and any increase of Sublandlord’s insurance expense, said additional expense shall duly procure and thereafter maintain be paid by Subtenant to Sublandlord within ten (10) days of demand. No such license payment by Subtenant shall limit Sublandlord in the exercise of any other rights or permit and submit remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlordforegoing, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant Subtenant shall not at be liable for any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done increase in the Demised Premises, in violation Sublandlord’s insurance expense as a result of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, TenantSubtenant’s use of the Demised Subleased Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under compliance with this Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord6. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Sublease Agreement (Avanir Pharmaceuticals, Inc.)

Use. 2.01 Tenant shall use the Premises for only the following use and purpose: general office purposes. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant's use of the Premises. Tenant shall use and occupy the Demised Premises for executive in a safe and general offices. Provided that careful manner, without committing or permitting waste, and Tenant does not utilize any other portion shall, at Tenant's sole cost and expense, conform to and obey all requirements of the Building for such purposeFire Underwriters Association and all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant's activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord's Property, then upon Landlord's request, Tenant shall also be able immediately cease such activity or install ventilating or other equipment sufficient, in Landlord's reasonable judgment, to utilize eliminate the Demised disturbance. If Tenant's use of the Premises increases the cost of Landlord's Insurance (as hereinafter defined) with respect to Landlord's Property or the cost of insurance for a kitchen for the testing and preparation any other tenant of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the BuildingLandlord's Property, then Tenant shall only be able to utilize one (1) of said floors reimburse Landlord or such other tenant, as the case may be, for kitchen purposessuch additional cost upon demand. Tenant shall have not display or store any merchandise outside of the right to subsequently petition Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord for permission to install a kitchen on multiple floorsprovides rubbish removal services, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required reimburse Landlord for the proper and lawful conduct of Tenant’s business in the Demised Premisescost thereof within ten (10) days after demand, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantTenant shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained provide for the Building, Tenant’s use removal of its rubbish as and when necessary as required to keep the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws clean, safe and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that healthy condition, but in any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, event at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense least one (including, without limitation, reasonable attorneys’ fees1) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposestime per week. If Tenant is prevented from using fails to provide for the Demised Premises or third floor premises for more than ninety (90) daysremoval of its rubbish, Tenant then Landlord may terminate this Lease on notice cause the same to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install be removed and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which reimburse Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; immediately upon demand. Tenant will not permit the Premises to be vacant or (ii) treat such failure as abandoned or be used in any way which may be a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any foodnuisance, waste annoyance or inconvenience or which may result in damage to Landlord or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation tenants of this ArticleLandlord's Property. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease (U-Store-It Trust)

Use. 2.01 Tenant shall Lessee may use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other lawful purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the BuildingExcept as set forth below, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall Lessee will at all times comply with during the terms and conditions of each such license or permitLease Term diligently operate its business on the Premises. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant Lessee shall not cease diligent operation of business during the Lease Term, except Lessee may discontinue operation by: (i) giving written notice to Lessor 180 days prior to the day Lessee ceases operation, (ii) providing adequate protection of the Premises during any period of vacancy and (iii) paying all costs necessary to restore the Premises to its condition on the day operation of the business ceased at such time as the Premises is reopened for Lessee's business operations or other substituted use. Notwithstanding anything herein to the contrary, Lessee shall pay monthly as Base Annual Rental and Annual Percentage Rental during any time period in which Lessee discontinues operation an amount equal to the mean average of the sum of the Base Annual Rental and Annual Percentage Rental for the three Lease Years immediately preceding such period. Lessee shall not convert the Premises to an alternative use or occupyduring the Lease Term, or suffer or permit anyone without Lessor's prior written consent, which consent will not be unreasonably withheld. Lessor may consider the following in determining whether to use or occupygrant its consent, the Demised Premises, or any portion thereof, or do or permit anything without being deemed to be done in unreasonable: (i) whether the Demised Premisesrental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, in violation of any zoning laws and/or resolutions or requirements of ii) whether the Department of Buildings affecting proposed rental paid to Lessor is reasonable considering the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s converted use of the Demised Premises shall not and the customary rental prevailing in the community for such use, (iii) whether the converted use will be in violation of consistent with the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building highest and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s best use of the Demised Premises for executive Premises, and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for (iv) whether the Building shall permit converted use will increase Lessor's risks or decrease the Demised Premises and the third floor residual value of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordPremises. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Termination and Modification Agreement (Quality Dining Inc)

Use. 2.01 Tenant shall use and the Premises only for the permitted use (as defined in paragraph 1(g)). Tenant will not occupy or use the Demised Premises for executive and general offices. Provided that Tenant does not utilize Premises, or permit any other portion of the Building Premises to be occupied or used for such purpose, Tenant shall also any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would disreputable in any way affect Landlordmanner or extra hazardous on account of fire, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or nor permit anything to be done which will in any way increase the rate of fire insurance on the building or contents. If Tenants occupancy causes any increase in the Demised Premisesrate of insurance on the Premises Tenant agrees to pay to Landlord the amount of such increase on demand and such increase shall be Additional Rental. Tenant will conduct its business and control its vendors; subcontractors; agents; employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or the Landlord in violation of any zoning laws and/or resolutions or requirements management of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the BuildingProject, Tenant will promptly commence curing maintain the conditionPremises in a clean, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, healthful and safe condition and will complete such installations comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or implementation as commercially reasonable as possible thereafter. Should bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises, Tenant fail to take commercially reasonable stepsshall not, Landlord, after notice to Tenant and expiration without the prior express written consent of the Landlord do any applicable cure period, shall of the following: (i) have install or remove: partitions, electrical system components, or any part of the right but not the obligation to use self-help and ▇▇▇▇ Tenant ceiling system (except for the cost thereof as Additional Rent; or replacing damaged ceiling tiles), (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into alter the plumbing fixtures, (iii) install or waste linesmodify HVAC components (except for any required repairs), (iv) paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises. Access to the roof of the Premises is strictly limited to maintenance and repair activity by Landlord or qualified repair contractors approved in advance by Landlord. Tenant agrees to maintain the plumbing (including its employees, vendors, subcontractors, agent and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (einvitees) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach make no penetrations of the provisions of this Article are difficultroof, if not impossible to ascertain and concedes that among any other remedies party walls or exterior walls for any such breach permitted reason without Landlord's advance written consent. All alterations to the Premises that are approved by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsmaintained in good repair and operating condition.

Appears in 1 contract

Sources: Lease Agreement (Ramp Corp)

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive the Permitted Use and general officesfor no other use or purpose. Provided that Nothing in this Lease shall be deemed to give Tenant does any exclusive right to such use in the Building, the Facility or the Project. Tenant shall not utilize do or permit to be done in or about the Premises nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit H or which is in conflict with or will invalidate any insurance policy covering the Building, the Facility, the Project or any part thereof or which will in any way increase the existing rate of, or affect, any fire or other insurance upon the building or its contents, or which will cause a weight load or stress on the floor or any other portion of the Building for such purpose, Premises in excess of the weight load or stress which the floor or other portion of the Premises is designed to bear. Tenant shall comply with all Applicable Laws affecting the Premises, and the requirements of any board of fire underwriters or other similar body, now or hereafter instituted, and shall also comply with any order, directive or certificate of occupancy issued pursuant to any Applicable Laws, which affect the condition, use or occupancy of the Premises, including but not limited to, any requirements of structural changes or other alterations necessitated by or in connection with Tenant's acts, particular manner of use or occupancy of the Premises or alteration of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether or not Landlord is a party to such action, shall be able conclusive as between Landlord and Tenant in establishing such violation. Notwithstanding the foregoing, (a) Landlord represents that to utilize Landlord's actual knowledge, without any additional inquiry or investigation, Tenant's intended use of the Demised Premises for will not cause any change in the insurance ratings of the Facility or impose any special structural requirements, and (b) Landlord shall be responsible to remove any violation and to correct any condition existing as of the date hereof (whether or not a kitchen for the testing and preparation notice of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereofviolation has been issued) in the Building, Tenant shall only event such violation or condition must be able corrected as a prerequisite to utilize one (1) the issuance of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required approval for the proper Tenant Improvements or prevents Tenant from obtaining a Certificate of Occupancy for the Premises; it being understood and lawful conduct of Tenant’s business in agreed, however, if any such violation or condition is deemed to exist within the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, outside of the Land or Premises (including the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant Base Building) in connection with securing or maintaining such license as a result of Tenant's particular manner of use of (as opposed to general office use), or permit. 2.03 particular operation of its business in, the Premises, including the Tenant Improvements, then Tenant shall not at any time use be responsible for curing such violation or occupycondition, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposescase may be. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation by reason of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance 's failure to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of comply with the provisions of this Article are difficultArticle, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions fire insurance rate shall at the beginning of this LeaseLease or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for that part of all fire insurance premiums thereafter paid by Landlord which shall be entitled to enjoin Tenant from any violation have been charged because of said provisions.such failure

Appears in 1 contract

Sources: Lease Agreement (Aames Financial Corp/De)

Use. 2.01 Tenant Owner shall use have the right to establish or change the hours of operation for the facility and occupy to promulgate rules and regulations for the Demised Premises for executive safety, care and general offices. Provided that Tenant does not utilize any other portion cleanliness of the Building for such purposestorage space or the preservation of good order on the facility. ▇▇▇▇▇▇ agrees to follow all rules and regulations now in effect, Tenant shall also or that may be able put into effect from time to utilize time. Tenant’s access to the Demised Premises for a kitchen for storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesstorage facility. Tenant shall have the right to subsequently petition Landlord use the entrance, driveways, parking areas (not specifically assigned to other tenants), elevators, stairs and hallways that are generally available to all tenants, for permission the sole purpose of access to install a kitchen on multiple floors, and from Tenant’s space. Tenant’s access to its space shall only be during the days and hours of the days established by Owner in which event the decision whether to allow Rules and Regulations. Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required responsible for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, its guests and invitees at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordall times while they are on Owner’s property. Tenant shall at all times comply with not store any property in the terms and conditions space that is inflammable, explosive, hazardous, dangerous to the health of each such license humans, or permitwhich will increase the rate of Owner’s fire insurance premium. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupythe space for residential purposes, or suffer or nor shall Tenant permit anyone to use or occupyoccupancy by animals, the Demised Premises, or any portion thereof, or and Tenant shall not do or permit anything to be done any act that may create, or does create, a nuisance or which may disturb or interfere with the use of the facility by the Owner or its other tenants. Tenant shall not store any goods or engage in the Demised Premises, any other act in violation of any zoning laws and/or resolutions applicable law, ordinance, code, rule, regulation or requirements order of any governmental agency or any of the Department Rules and Regulations of Buildings affecting Owner as may be adopted and/or revised by Owner from time to time in Owner’s sole discretion. Owner is not engaged in the Demised Premisesbusiness of storing goods for hire and no bailment is created under this Agreement. Owner does not exercise care, custody, nor control, over ▇▇▇▇▇▇’s stored property. Tenant agrees to use the storage space only for the storage of property wholly owned by Tenant. Tenant shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Tenant. Tenant waives any claim for emotional or sentimental attachment to the stored property. Tenant agrees not to store property with a total aggregate value in excess of $5,000 without the prior written permission of the Owner. If such written permission is not obtained, the Land and/or the Building, and, in the event a certificate aggregate value of occupancy is obtained for the Building, Tenant’s use of the Demised Premises property shall be deemed not be in violation of the certificate of occupancy for the Demised Premises to exceed $5,000. Nothing herein shall constitute any agreement or for the Building so long as the certificate of occupancy obtained permits admission by Owner that Tenant’s permitted use under Section 2.01 (excluding stored property has any right to maintain a kitchen). Notwithstanding value, nor shall anything to the contrary contained herein, in this Section 22 limit or otherwise alter the releases by Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located Owner's liability as set forth elsewhere in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordAgreement. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Self Storage Rental Agreement

Use. 2.01 Tenant 7.1 The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used only for the testing and preparation purposes of recipes and for photo shoots and online marketing of such recipes "Tenant's Use" as set forth in Section 1(j) hereof, and for no other purpose. It is intended that should Tenant rent more than one (1) floor (purpose or part thereof) in the Building, purposes whatsoever. 7.2 Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall to be required for the proper and lawful conduct of Tenant’s business done in or about the Demised Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereofthereof or any of the contents, and if failure or adversely affect or interfere with any services required to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then be furnished by Landlord to Tenant, at its sole cost or to any other Tenants or occupants of the Building, or with the proper and expense, shall duly procure and thereafter maintain economical rendition of any such license or permit and submit the same for inspection by Landlordservice. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation or about rights of any zoning laws and/or resolutions or requirements other Tenants of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, andor injure or annoy them, in the event a certificate of occupancy is obtained for the Buildingor use unlawful or objectionable purpose, Tenant’s use of the Demised Premises nor shall not be in violation of the certificate of occupancy for Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises or for commit or suffer to be committed any waste in, on or about he Demised Premises. If anything done, omitted to be done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about he Demised Premises shall cause the rate of fire or other insurance on the Building so long as in companies acceptable to Landlord to be increased beyond the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right minimum rate from time to maintain a kitchen). Notwithstanding anything time applicable to the contrary contained hereinBuilding, Tenant acknowledges that no certificate shall pay the amount of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of any such increases. 7.3 Tenant shall not utilize the Demised Premises for executive a massage parlor, tennis club, skating facility (including roller skating, skateboard and general offices is permitted under applicable zoning laws. Landlord agrees that ice skating), racquet sports facility (including handball or racquetball court), hot tub facility, suntan facility, health club facility, and any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be facility primarily used for office purposes. If, at any time, Tenant gambling or an operation the principal business of which is prevented from lawfully using the Demised Premises or the third floor sale of alcoholic beverages for off premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlordconsumption. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Critical Home Care Inc)

Use. 2.01 Tenant shall use and occupy the 7.1 The Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purposeshall be used, Tenant shall also be able to utilize the Demised Premises for a kitchen if at all, only for the testing and preparation purposes of recipes and for photo shoots and online marketing of such recipes "Tenant's Use" as set forth in Section 1 (h) hereof, and for no other purpose. It is intended that should Tenant rent more than one (1) floor (purpose or part thereof) in the Building, purposes whatsoever. 7.2 Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall to be required for the proper and lawful conduct of Tenant’s business done in or about the Demised Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or, except for office use, affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereofthereof or any of its contents, and if failure or, except for office use, adversely affect or interfere with any services required to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then be furnished by Landlord to Tenant, at its sole cost or to any other tenants or occupants of the Building, or with the proper and expense, shall duly procure and thereafter maintain economical rendition of any such license or permit and submit the same for inspection by Landlordservice. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises which will in any way materially or adversely obstruct or interfere with the rights of other tenants of the Building, or use or allow the Demised Premises to be used for any unlawful purpose nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises. Except for office use, in violation of any zoning laws and/or resolutions if anything done, omitted to be done or requirements of the Department of Buildings affecting the Demised Premisessuffered to be done by Tenant, the Land and/or the Buildingor kept or suffered by Tenant to be kept in, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of upon or about the Demised Premises shall not be in violation cause the rate of the certificate of occupancy for the Demised Premises fire or for other insurance on the Building so long as in companies acceptable to Landlord to be increased beyond the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right minimum rate from time to maintain a kitchen). Notwithstanding anything time applicable to the contrary contained hereinBuilding, Tenant acknowledges that no certificate shall pay the amount of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zoneany such increases. Tenant shall indemnify Landlord represents that the Building was constructed before certificates against any loss resulting from breach of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building this Section 7.2. 7.3 Tenant shall not cause or permit the Demised Premises and the third floor of the Building to be used for office purposes. Ifuse, at any timegeneration, Tenant is prevented from lawfully using storage or disposal in or about the Demised Premises or the third floor premises for executive and general offices due Building of any Hazardous Materials (as hereinafter defined) unless Tenant shall have received Landlord's prior written consent, which Landlord may withhold or at any time revoke in its sole discretion. Tenant hereby covenants to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold Landlord, its successors and assigns, harmless Tenant from any liabilityloss, damage damage, claims, costs, liability or expense cleanup costs arising out of Tenant's use, handling, storage or disposal of Hazardous Materials in violation of applicable laws, rules, regulations or ordinances relating to office use on the Demised Premises. Notwithstanding the foregoing or anything else to the contrary contained in this Lease, without Landlord's approval or consent, Tenant may utilize typical amounts of such Hazardous Materials typically utilized in offices in accordance with all Laws (as hereinafter defined). Tenant shall defend, indemnify and hold Landlord harmless from and against any and all losses, costs (including reasonable attorneys' fees), liabilities and claims arising from any violations of applicable laws by Tenant relating to Hazardous Materials that hereinafter become located in, on or under the Development as a result of the act or omission of Tenant, its agents, employees and contractors and shall assume full responsibility and cost to remedy such violations to a standard which is applicable to office use. Landlord represents and warrants that the Development does not contain any Hazardous Materials in violation of any applicable laws. For purposes hereof, "Hazardous Materials" shall mean any toxic or hazardous waste or substance (including, without limitation, reasonable attorneys’ feesasbestos and petroleum products) arising therefrom which is regulated by applicable law. 7.4 Tenant shall use the telecommunications closets on the 7th floor and Fixed Rent and Additional Rent shall 8'▇ ▇▇▇▇▇▇ until Tenant is no longer prevented from using wing of the Demised Premises solely for cabling, equipment dedicated to the distribution of data, telecommunications, Supplemental Equipment and equipment relating to building systems, such purposesas, without limit? tion, AV equipment. If Tenant is prevented from using Should Tenant's installation of such items exceed the Demised Premises or third floor premises for more than ninety (90) daysapplicable levels in the Building Design Criteria, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenantshall, at is sole its expense, shall install as provided in and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts subject to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficultSection 8.4, if pull electricity from Tenant's panel to support such equipment (the existing UPS circuit will not impossible be available to ascertain Tenant for such purpose) and concedes that among add any other remedies for any necessary cooling equipment. Any cooling equipment installed by Tenant in such breach permitted by law or the provisions of this Lease, Landlord telecommunication closet(s) shall be entitled deemed Supplemental Equipment. Landlord may leave in the telecommunications closet life safety equipment related to enjoin Tenant from any violation the operation of said provisionsa multi-tenant commercial building. Will agree to remove this language for the initial lease term but not for extensions or as it pertains to the 8'h floor.

Appears in 1 contract

Sources: Lease (Covisint Corp)

Use. 2.01 Tenant A. Sublessee shall use and occupy the Demised Sublease Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes office use and for no other purposepurpose without the prior written consent of Landlord and Sublessor. B. Sublessee shall, at .Sublessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the term or any part of the term hereof regulating the use by Sublessee of the Sublease Premises. It Sublessee's business shall be established and conducted through the term hereof in a first class manner. Sublessee shall not use the Sublease Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Sublease Premises. Sublessee shall not do or suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises or the building of which the Sublease Premises form a part. The Sublease Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Sublease Premises which will in any manner injure, vibrate or shake the Sublease Premises or the building of which it is intended that should Tenant rent more than one a part. No use shall be made of the Sublease Premises which will in any way impair the efficient operation of the sprinkler system (1if any) floor (within the building containing the Sublease Premises. No music instrument of any sort, or any noise making device will be operated or allowed upon the Sublease Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Sublease Premises or any part thereof) in thereof for any purpose which will increase the Building, Tenant shall only be able to utilize one (1) existing rate of said floors for kitchen purposes. Tenant shall have insurance upon the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, building in which event the decision whether to allow Tenant Sublease Premises are located, or cause a cancellation of any insurance upon the ability to do so shall be building in which the sole and absolute discretion Sublease Premises are located, or cause a cancellation of Landlord. 2.02 If any governmental license or permit shall be required for insurance policy covering the proper and lawful conduct of Tenant’s business in the Demised Premises, building or any part thereof, and if failure to secure such license . If any act on the part of Sublessee or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Sublease Premises by Sublessee shall not cause, directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in violation the exercise of the certificate any other rights or remedies, or constitute a waiver of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any Sublessor's right to maintain a kitchen). Notwithstanding anything require Sublessee to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises discontinue such act or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlorduse. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Sublease (Celerity Group Inc)

Use. 2.01 Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen ordinances for the testing purpose of general office and preparation of recipes storage uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in accordance with all current and for photo shoots future applicable governmental laws and online marketing of such recipes ordinances and zoning restrictions, and for no other purpose. It Tenant shall not do or permit to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is intended that should Tenant rent more than one (1) floor prohibited by or will in any way increase the existing rate of (or part thereofotherwise affect) in fire or any insurance covering the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, Complex or any part thereof, and if failure to secure such license or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit would to be done anything in, on or about the Premises or the Complex which will in any way affect Landlordobstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Land Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Building Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the conduct structure, or place any harmful fluids or other materials in the drainage system of business thereon the building, or thereinoverload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, then Tenantexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Premises without the prior written consent of Landlord. Tenant shall at all times not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the terms and conditions of each such license this Lease. Tenant shall comply with any covenant, condition, or permitrestriction ("CC&R's") affecting the Premises. At There Multi Tenant/Complex Initial:____________ BUILDING: Westport 5 PROPERTY: 30-0105 UNIT: 3 LEASE ID: 0105-GUPT01-01 are no expense to LandlordCC&R's affecting the Premises at the time of Lease execution. In the event CC&R's are subsequently implemented, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone provide a copy of said CC&R's to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation Tenant. The provisions of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained this Paragraph are for the Building, Tenant’s use benefit of the Demised Premises Landlord only and shall not be in violation construed to be for the benefit of any Tenant or occupant of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordComplex. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Warp Technology Holdings Inc)

Use. 2.01 Tenant shall use the Premises only for general office, electronics design, manufacturing, storage and occupy the Demised Premises for executive laboratory research (including laboratory research with rodents) or only as otherwise outlined and general offices. Provided that Tenant does not utilize any other portion of the Building for such purposestated in this Lease, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purposepurpose without the Landlord’s prior written consent. It Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is intended that should Tenant rent more than one (1) floor (or part thereof) in the Buildingincreased as a result of Tenant’s use, Tenant shall only be able pay to utilize one Landlord within ten (110) days after written demand from Landlord, the amount of said floors for kitchen purposesany such increase. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with all laws concerning the terms and conditions of each such license Premises or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises, including without limitation, the obligation at Tenant’s cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease. Tenant shall not be in violation of use or permit the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Subject to satisfactory completion of Tenant Leasehold Improvements, Tenant hereby accepts the Premises in their condition existing as of the date that Tenant possesses the Premises, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the use of the Premises and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges that neither the Landlord nor the Landlord’s agent has made any representation or warranty to Tenant as to the suitability of the Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation conduct of Tenant’s tenancy hereunderbusiness. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Transoma Medical Inc)

Use. 2.01 Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use could cause material and occupy the Demised Premises for executive irreparable harm to Landlord and general offices. Provided that Tenant does not utilize may entitle Landlord to injunctive relief in addition to any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesavailable remedy. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises, Premises which will in violation any way interfere with the rights or quiet enjoyment of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor other occupants of the Building or the Project, or use or allow the Premises to be used for office purposes. Ifany unlawful purpose, at nor shall Tenant permit any time, Tenant is prevented from lawfully using nuisance or commit any waste in the Demised Premises or the third floor premises for executive Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any industry standard insurance policy(ies) covering the Building, the Project and/or their contents, and general offices due shall comply with all applicable industry standard insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the lack Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of a certificate the Premises. Tenant shall not generate, handle, store or dispose of occupancy hazardous or pursuant toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any certificate of occupancy disclosure form regarding hazardous or toxic materials that is hereafter issuedmay be required by any governmental agency. Tenant shall also, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall time to time upon request by ▇▇▇▇▇ until Tenant is no longer prevented from using ▇▇▇▇, execute such affidavits concerning ▇▇▇▇▇▇’s best knowledge and belief regarding the Demised presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises for and of Tenant’s compliance with this Section. As part of any such purposes. If Tenant is prevented from using assessment, Landlord shall have the Demised Premises or third floor premises for more than ninety (90) daysright, Tenant may terminate this Lease on upon reasonable prior notice to Landlord. 2.04 In Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any permissible cooking assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify Landlord in the Demised Premises: (a) manner elsewhere provided in this Lease from any release of hazardous, or toxic materials caused by Tenant, at is sole expenseits agents, employees, contractors, subtenants or licensees. The foregoing covenants shall install and keep in good order and condition exhaust fans, ventilating systems, survive the expiration or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions earlier termination of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Sirf Technology Holdings Inc)

Use. 2.01 Tenant (a) The Premises shall be used only for general office, research and development, product testing, and light manufacturing use (generally in accordance with the Space Plan attached hereto as Exhibit “A”) and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also other lawful purposes as may be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes incidental thereto and for no other purpose, in each case in strict accordance with applicable Laws. It Tenant shall not use, or permit the use of, the Premises to receive, store or handle any product, material or merchandise that is intended explosive or highly inflammable or hazardous, except in strict compliance with all applicable laws. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises. Tenant and all Tenant Parties shall comply with all rules and regulations governing the use and occupancy of the Premises which are now or hereafter imposed by Landlord. A copy of the rules and regulations now in force are attached as Exhibit “D”. Tenant shall not cause or permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take or permit any other action that should Tenant rent more than one would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor cause or permit the Premises to be used for any purpose or in any manner that would (1) floor void the insurance thereon, (2) materially increase the insurance risk, or part thereof(3) in cause the Building, Tenant shall only be able to utilize one (1) disallowance of said floors for kitchen purposesany sprinkler credits. Tenant shall have the right pay to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be demand any increase in the sole and absolute discretion cost of Landlord. 2.02 If any governmental license or permit shall be required for insurance on the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land Premises or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection incurred by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy which is obtained for the Building, caused by Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant and its employees and invitees shall use commercially reasonable efforts have, at no additional cost to keep Tenant, the Demised non-exclusive right to use, in common with others, a maximum of sixty-one (61) surface parking spaces associated with the Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints designated for such use (including handicapped and visitor parking), 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 of the Buildingand their employees, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, agents and will complete such installations or implementation as commercially reasonable as possible thereafterinvitees. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, Landlord shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant be responsible for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of enforcing Tenant’s tenancy hereunderparking rights against third parties. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Lightwave Logic, Inc.)

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive GENERAL OFFICE USE ------------------------------------------------------------------------------ purposes and general offices. Provided that Tenant does shall not utilize use or occupy the Premises for any other portion purpose without the prior written consent of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, occupy the Premises for sleeping or suffer residence purposes or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions law or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy issued for the Demised Premises or for the Building so long as Building, and shall, upon the certificate shorter of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding a) the period allowed by law, and (b) five (5) days notice from Landlord, discontinue any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices which is permitted under applicable zoning lawsdeclared by either any governmental authority having jurisdiction or the Landlord to be a violation of law or of said certification of occupancy. Landlord agrees makes no representation or warranty that the use permitted above will not violate any certificate law, regulation, or order, such being the responsibility solely of occupancy that it obtains for the Building Tenant. Tenant shall permit the Demised Premises and the third floor comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Building nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due with respect to the lack of a certificate of occupancy use or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposesoccupation thereof. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance do nor permit to be thrown done anything which will invalidate or drawn into increase the plumbing cost of any insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or waste linesany other organization performing a similar function. Tenant agrees to maintain the plumbing and waste lines in good orderWithout waiving any of Landlord's rights hereunder, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from promptly upon demand reimburse Landlord for any breach additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions9.

Appears in 1 contract

Sources: General Office Lease (Micron Electronics Inc)

Use. 2.01 (a) The Premises shall be used only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purposeother lawful purposes as may be incidental thereto; however, Tenant shall also no retail sales may be able to utilize made from the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesPremises. Tenant shall have not use the right Premises to subsequently petition Landlord for permission to install a kitchen on multiple floorsreceive, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If store or handle any governmental license product, material or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, merchandise that is explosive or any part thereof, and if failure to secure such license highly inflammable or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordhazardous. Outside storage is prohibited. Tenant shall at be solely responsible for complying with all times comply with Laws applicable to the terms use, occupancy, and conditions condition of each such license or permit. At no expense to Landlordthe Premises; provided, however, that Landlord shall sign applications and otherwise cooperate with deliver the Premises to Tenant in connection a condition which is in compliance with securing or maintaining such license or permit. 2.03 all Laws. Tenant shall not at permit any time use objectionable or occupyunpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or suffer or permit anyone to use or occupy, the Demised Premises, endanger Landlord or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall other person; nor permit the Demised Premises and the third floor of the Building to be used for office purposesany purpose or in any manner that would (1) void the insurance thereon, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. IfTenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises incurred by Landlord, at any time, Tenant which is prevented from lawfully using caused by Tenant's use of the Demised Premises or because Tenant vacates the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant and its employees and invitees shall use commercially reasonable efforts have the non- exclusive right to keep use, at no additional cost, in common with others, any parking areas associated with the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintsdesignated for such use, subject to emanate (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. Landlord agrees to provide at least one (1) parking space for every two hundred fifty (250) square feet of space leased within the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other Building for the common use of all of the tenants of the Building. Six of the parking spaces shall be designated as "visitor parking spaces", Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, which shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant be for the cost thereof as Additional Rent; or (ii) treat such failure as a breach common use of a material obligation the visitors of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector all tenants in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsBuilding.

Appears in 1 contract

Sources: Lease Agreement (Motive Communications Inc)

Use. 2.01 Tenant Lessee shall use the premises for the purpose of operating a bank and occupy incidental uses related thereto. 5.01 Lessee shall not do, bring, or keep anything in or about the Demised Premises for executive and general officespremises that will cause a cancellation of any insurance covering the premises. Provided that Tenant does Lessee shall not utilize bring to, use, store or dispose of any toxic, hazardous or undesirable material or chemical in, on or about the premises, including but not limited to, oil, solvents, or other material which would violate any current or future environmental protection agency or any other portion of the Building for such purposestate, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (federal or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlordlocal environmental or health agency rules or regulations. 2.02 If any governmental license or permit 5.02 Lessee shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with all laws and ordinances concerning the terms and conditions of each such license premises or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s Lessee's use of the Demised Premises premises. 5.03 Lessee shall not be use the premises in violation of the certificate of occupancy for the Demised Premises any manner that will constitute waste, nuisance, or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense unreasonable annoyance (including, without limitation, reasonable attorneys’ feesthe use of loud speakers or sound or light apparatus that can be heard or seen outside the premises) arising therefrom and Fixed Rent and Additional Rent to owners or occupants of adjacent properties or other tenants in the building or center in which the premises are located. Lessee shall ▇▇▇▇▇ until Tenant is no longer prevented from using not use the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysliving quarters or the preparation, Tenant may terminate this Lease manufacture, or mixing of anything that might emit any odor or objectionable noises or lights into adjacent properties and buildings. Lessee shall not do anything on notice the premises that will cause damage to Landlordthe premises. Lessee shall not sell or display merchandise in the common areas or outside the interior of the leased premises. 2.04 In 5.04 Lessor shall deliver the premises to Lessee clean and free of debris on lease commencement date . Lessee hereby acknowledges that Lessee has inspected the premises and found the plumbing, lighting, air conditioning, heating, electrical system and doors in the premises in good operating condition and repair. Lessee hereby accepts the premises in their condition existing as of the lease commencement date or the date that Lessee takes possession of the premises, whichever is earlier. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the present or future suitability of the premises for the conduct of Lessee's business. Notwithstanding, Lessor agrees to install ceiling tiles, repaint the exterior premises and the interior premises, and install new rugs and drapes. Lessor shall have sole responsibility and have sole discretion in determining the nature, quality, and standards used in connection with any permissible cooking in such improvements provided that Lessor and Lessee shall coordinate their efforts to achieve a result that is aesthetically pleasing to both parties. 5.05 Lessee shall have the Demised Premises: (a) Tenantsole responsibility for complying, at is sole expenseLessee's cost, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of with the provisions of this Article are difficult, if not impossible to ascertain the American With Disabilities Act of 1990 ("ADA") respecting the premises and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsevery portion thereof.

Appears in 1 contract

Sources: Lease (Valley Commerce Bancorp)

Use. 2.01 Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and occupy the Demised Premises for executive irreparable harm to Landlord and general offices. Provided that Tenant does not utilize shall entitle Landlord to injunctive relief in addition to any other portion available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Building Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof, except for those agencies or bureaus whose use is reasonably acceptable to Landlord; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesas radio and/or television stations. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised PremisesPremises which will in any way unreasonably, as determined by Landlord, interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in violation the Premises or the Project. Tenant shall not do or permit to be done anything which Landlord has notified Tenant will invalidate or increase the cost of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or insurance policy(ies) covering the Building, andthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules of which it is provided actual notice. Except to the extent such costs and expenses are properly included in Project Costs, Landlord shall comply with all laws relating to the event Base Building (hereinafter defined), provided that compliance with such laws are not the responsibility of Tenant under this Lease, and provided further that Landlord’s failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy is obtained (or its legal equivalent) for the BuildingPremises, or would unreasonably and materially affect the safety of Tenant’s employees or create a significant health hazard for Tenant’s employees, or a significant liability for Tenant. Landlord shall have the right to contest any such violations in good faith. For purposes herein, "Base Building" shall include the structural portions of the Building and the Project, the public restrooms and Common Areas and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Demised Premises shall Premises, including without limitation all federal and state occupational health and safety and handicap access requirements for the Premises, whether or not be in violation Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use selfIOPLEGAL-10-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.26611 5/11/2018-248639-4.2 11

Appears in 1 contract

Sources: Office Space Lease (BofI Holding, Inc.)

Use. 2.01 Tenant Lessee shall only use and occupy the Demised Premises for executive the Permitted Use described in Section 1.1; provided, however, with the prior written consent of Lessor (which consent will not be unreasonably withheld or delayed), the Permitted Use may be expanded to include other uses which are compatible with a general office use. Lessee agrees, subject to Lessor’s obligation to provide basic janitorial services, to maintain the Premises in a clean, orderly and general officeshealthful condition and to comply with all laws, ordinances, rules and regulations (“Governmental Requirements”) pertaining to Lessee’s occupancy and use of the Premises. Provided that Tenant does Lessee shall not utilize do or permit to be done in or about the Property nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit ”E” or by any standard form fire insurance policy or which will in any way increase the existing rate of, or affect, any fire or other insurance upon the Building or its contents, or which will cause a weight load or stress on the floor or any other portion of the Building for such purposePremises in excess of the weight load or stress which the floor or other portion of the Premises is designed to bear. Lessee, Tenant at Lessee’s sole cost, shall comply with all laws affecting the Premises, and with the requirements of any Board of Fire Underwriters or other similar body now or hereafter instituted, and shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license any order, directive or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for issued pursuant to any laws which affect the Buildingcondition, Tenant’s use or occupancy of the Demised Premises Premises. Lessor shall not be liable to Lessee for any other occupant’s or tenant’s failure to conduct itself in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection accordance with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult6, if and Lessee shall not impossible be released or excused from the performance of any of its obligations due to ascertain and concedes that among any other remedies for any such breach permitted by law or failure. As an element of Operating Expenses, Lessor shall comply with all Governmental Requirements pertaining to the provisions Building and the common areas of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsthe Building and the Property.

Appears in 1 contract

Sources: Office Lease (Icop Digital, Inc)

Use. 2.01 Tenant shall use the premises for general office, research and occupy development, marketing, sales, studio, and distribution and warehousing incidental to general office use and consistent with the Demised City of Menlo Park office use provisions and all other legally related uses, and shall not use or permit the Premises to be used for executive and general offices. Provided that Tenant does not utilize any other portion purpose without the prior written consent of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Premises and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of paid certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction, which shall by reason of the nature of Tenant’s use or occupancy of the Premises impose any duty upon Tenant or Landlord with respect to the Premises, or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Complex and or property located therein. Tenant shall promptly upon demand reimburse Landlord for any additional premiums charged for such policy by reason of Tenant’s failure to comply with the terms and conditions provisions of each this Paragraph. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such license or permitpolicy by reason of Tenant’s failure to comply with the provisions of this Paragraph. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises, Premises which will in violation of any zoning laws and/or resolutions way obstruct or requirements interfere with the rights or other tenants or occupants of the Department of Buildings affecting Complex, or injure or annoy them, or use or allow the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. Ifany improper, at immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any timenuisance in, Tenant is prevented from lawfully using on or about the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste commit or other foreign substance suffer to be thrown committed any waste in or drawn into upon the plumbing Premises. In the event Tenant makes any improvements or waste linesalterations to the Premises and such construction triggers a requirement to make additional improvements to the Premises under the Americans with Disabilities Act (“ADA’’). Tenant agrees shall make and pay for such ADA required improvements. If Landlord improvements or alterations to maintain the plumbing and waste lines in good order, repair and condition and Premises trigger a requirement to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that make additional improvements to Landlord’s damages resulting from Initials: Tenant’s Initials: the Premises under the ADA, or if neither Landlord nor Tenant make any breach of improvements to the provisions of this Article Premises but ADA required improvements to the Premises are difficultrequired during the Lease term, if then Landlord, not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this LeaseTenant, Landlord shall be entitled to enjoin Tenant from any violation of said provisionssolely responsible for making and paying for same.

Appears in 1 contract

Sources: Office Lease (Eidos PLC)

Use. 2.01 Tenant The Demised Premises are hereby leased to the Sublessee upon the express condition that the Sublessee shall use the said Demised Premises for receiving, ordering, production, shipping and occupy selling of products, materials and merchandise made or distributed by Sublessee or its affiliates and for no other purpose without the written consent of the Sublessor first obtained. 1. Will rail be utilized? Yes X No --- --- If Yes, what will the average be? Rail Cars Per Day .5 Month 15 Year 180 ---- ---- ------ 2. Will there be any truck traffic? Yes X No ---- ---- If Yes, what will the average be? Trucks Per Day 25 Month 750 Year 8,900 ---- ----- -------- 3. Number of employees in your local operation: Initial Start Up 50 After One Year approx. 125 ---- ----- 4. Number of employee parking spaces needed: Initial Start Up 65 After One Year 135 ---- ----- All uses to which the Demised Premises shall be put by the Sublessee shall conform to the requirements of any and all local laws, ordinances, rules or regulations adopted or enacted by the municipality having jurisdiction over the Demised Premises and shall also conform to any special use permit or certificate of occupancy or other permit of any kind issued or required to be issued by any governmental authority having such jurisdiction over the Demised Premises and shall not be put to any such use by the Sublessee until all governmental rules and regulations relative to or affecting such use have been complied with and all governmental permits required as a condition precedent to such use shall have been obtained. The Sublessee shall conduct its business throughout the term hereof in a first-class manner and shall not use the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the or carry on or permit upon said Demised Premises for any offensive, unreasonably noisy, or dangerous business, trade, manufacture or occupation or any nuisance or any activity contrary to public policy or any activity causing a kitchen for noxious or offensive odor or causing pollution to the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (atmosphere, nor permit any auction sale to be held or part thereof) in the Building, Tenant shall only be able to utilize one (1) of conducted upon said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, nor shall it use or permit the use of such Demised Premises or part thereof for any immoral or any other purpose prohibited by law or which will increase the rate of insurance upon the building in which said Demised Premises may be located or cause a cancellation of any insurance policy covering said building or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant The Sublessee shall not at any time use or occupy, do or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done upon said Demised Premises which will cause structural injury to said Demised Premises or to the building of which the same form a part, nor shall it cause said Demised Premises to be overloaded, nor shall it permit any machinery, apparatus or other appliance to be used or operated upon said Demised Premises which will injure said Demised Premises or the building of which the same form a part, nor shall the Sublessee permit any noisemaking device to be operated or allowed upon said Demised Premises for the purpose of attracting trade or otherwise. The Sublessee shall not permit any use to be made of the Demised Premises which will in any way impair the efficient operation of the sprinkler within the building containing the Demised Premises. In addition to the Sublessee's liability for Additional Rent in respect of insurance premium rate increases as provided in Paragraph 5 hereof, in violation of if any zoning laws and/or resolutions or requirements act on the part of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s Sublessee or use of the Demised Premises by the Sublessee shall not be in violation cause directly or indirectly any increase of the certificate of occupancy for Sublessor's insurance expense, such additional expense shall be paid by the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything Sublessee to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof Sublessor upon demand as Additional Rent; or (ii) treat . No such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant payment by the Sublessee shall not cause any food, waste or other foreign substance to be thrown or drawn into limit the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector Sublessor in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from exercise of any breach other rights or remedies or constitute a waiver of the provisions of this Article are difficult, if not impossible Sublessor's right to ascertain and concedes that among any other remedies for any require the Sublessee to discontinue such breach permitted by law act or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsuse.

Appears in 1 contract

Sources: Sublease Agreement (Papa Johns International Inc)

Use. 2.01 Tenant shall continuously occupy and use the Premises only for the Permitted Use and occupy shall comply with all Laws relating to the Demised Premises for executive use, condition, access to, and general offices. Provided that Tenant does not utilize any other portion occupancy of the Building for Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Landlord represents and warrants that the condition of the Premises complies with all applicable ordinances and codes, including, but not limited to, the American with Disabilities Act (the "Disabilities Act") and all applicable environmental requirements. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, d)Tenant, upon obtaining possession of the Premises, shall take appropriate action to ensure continued compliance with Title III of the Disabilities Act, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such purposelaws, Tenant as amended from time to time, in the Premises, and e) Landlord shall also be able to utilize bear the Demised Premises for a kitchen for risk of complying with the testing and preparation Disabilities Acts in the common areas of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have other than compliance that is necessitated by the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in violation an increased rate of insurance on the certificate of occupancy for the Demised Premises Building or its contents, or for the Building so long as the certificate storage of occupancy obtained permits Tenant’s permitted use under Section 2.01 any Hazardous Materials (excluding any right to maintain a kitchenother than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any timebecause of a Tenant Party's acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then such acts shall be an Event of Default, Tenant is prevented from lawfully using shall pay to Landlord the Demised Premises or the third floor premises for executive amount of such increase on demand, and general offices due to the lack acceptance of a certificate such payment shall not waive any of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposesLandlord's other rights. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts conduct its business and control each other Tenant Party so as not to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent create any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Cirtran Corp)

Use. 2.01 Tenant The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It Tenant agrees not to use or permit the use of the Premises for any purpose which is intended that should Tenant rent more than one (1) floor (illegal, dangerous to life, limb or part thereof) property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to subsequently petition Landlord for permission to install a kitchen on multiple floorsinterfere with, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license annoy or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisesdisturb other tenants, or any part thereof, and if failure to secure such license or permit would in any way affect interfere with Landlord in the management and 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, the Land or the Building or the conduct of business thereon or therein, then not Tenant, at its sole cost and expenseshall be responsible for complying with any law, shall duly procure and thereafter maintain ordinance, order, rule or regulation of any governmental agency to the extent that such license requires any structural alterations or permit and submit any common area improvements, including common area restrooms, unless the same for inspection need to make a structural alteration or any common area improvements, including common area restrooms, results from Tenant's particular manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Initial Alterations) performed by Landlord. or on behalf of Tenant shall at all times in the Premises; Tenant will comply with the terms rules and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor regulations of the Building adopted and reasonably altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be used for office purposessent by Landlord to Tenant in writing. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants A copy of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, existing rules and will complete such installations or implementation regulations is attached hereto as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant Exhibit D and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as made a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste linespart hereof. Tenant agrees not to maintain commit or allow any waste to be committed on any portion of the plumbing Premises, and waste lines in good order, repair and condition and to repair any damage resulting from any violation at the termination of this ArticleLease to deliver up the Premises to Landlord in accordance with Article XXXV hereof. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Standard Form Office Lease (Long Beach Holdings Corp)

Use. 2.01 Tenant shall use and occupy the The Demised Premises shall be used and occupied by Tenant for executive any office, warehouse or storage use permitted by applicable zoning ordinances so long as such use is in compliance with all applicable laws, ordinances and general officesgovernmental regulations affecting the Building and Demised Premises. Provided that Tenant does The Demised Premises shall not utilize be used in such manner that, in accordance with any other portion requirement of law or of any public authority, Landlord shall be obligated, as a result of the Building for such purposepurpose or manner of said use, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (make any addition or part thereof) alteration to or in the Building, Tenant . The Demised Premises shall only not be able used in any manner which will increase the rates required to utilize one (1) of said floors be paid for kitchen purposespublic liability or for fire and extended coverage insurance covering the Demised Premises. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable, and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Landlord will not lease space adjacent to the Demised Premises to any tenant whose use could reasonably be expected to result in odors, noise, fumes or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct other unreasonable interference with Tenant's use of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised PremisesPremises or whose use of parking, or any portion thereofcombined with other tenants, or do or permit anything could reasonably be expected to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, more than 5 spaces per 1,000 rentable square feet. Tenant’s 's use of the Demised Premises shall not be in violation of conform to all the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything Landlord's rules and regulations relating to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises. Outside storage on the Demised Premises of any type of equipment, property or materials owned or used by Tenant or its customers or suppliers shall not be permitted, without Landlord's prior written consent. Landlord acknowledges and agrees that Tenant's employees may park their vehicles overnight or longer at the Property in connection with business related travel in the area designated on Exhibit B for executive and general offices is permitted under applicable zoning lawssuch purpose. Landlord agrees that any certificate to install, at Landlord's expense, six (6) "Visitor Only" signs on six (6) parking stalls near the front door of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease as depicted on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.Exhibit B.

Appears in 1 contract

Sources: Lease Agreement (Mgi Pharma Inc)

Use. 2.01 6.1 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen only for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purposepurpose or purposes without Landlord’s prior written consent. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time leave the Premises vacant, but shall in good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. 6.2 Tenant shall not occupy or use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or permit any portion thereofof the Premises to be occupied or used, for any use or do purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the Demised Premisesrate of insurance on the Building. Landlord shall not occupy or use the Retained Areas, in violation of or permit any zoning laws and/or resolutions or requirements portion of the Department Retained Areas to be occupied or used, for any use or purpose which is unlawful in part or in whole, disreputable in any manner, or extra hazardous on account of Buildings affecting fire, nor keep anything upon the Demised PremisesRetained Areas nor permit anything to be done on or around the Retained Areas that will in any way invalidate, or increase the Land and/or rate of insurance on the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises . 6.3 Tenant shall not be in violation of the certificate of occupancy for the Demised Premises permit any objectionable or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive unpleasant odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from ; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other tenants projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. Landlord shall not permit any objectionable or unpleasant odors to emanate from the Retained Areas; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the front exterior of the Building; nor take any other action which would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Property. 6.4 Tenant will promptly commence curing shall maintain the Premises and Common Areas in at least its present condition, that has given rise to such odors including ordinary wear and tear excepted. Tenant shall store all trash and garbage on the installation Premises or in portions of control devices or the implementation of procedures to eliminate such odors, Common Areas approved by Landlord in a neat and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant sanitary manner and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant arrange for the cost thereof as Additional Rent; or (ii) treat regular pick-up of such failure as a breach of a material obligation of trash and garbage at Tenant’s tenancy hereunder. (d) expense. Tenant shall not cause any food, waste operate an incinerator or other foreign substance to be thrown burn trash or drawn into garbage upon the plumbing Premises or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this ArticleProperty. (e) 6.5 Tenant shall install procure, at Tenant’s sole expense, any permits and maintain a working smoke detector/carbon monoxide detector licenses required for the transaction of business by Tenant in the Demised Premises. Tenant acknowledges that LandlordPremises and, at Tenant’s damages resulting from sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any breach jurisdiction thereof) with reference to the use, condition or occupancy of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsPremises.

Appears in 1 contract

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

Use. 2.01 Tenant Lessee shall not use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building premises to be used for office purposes. Ifany purpose other than as above stated, at nor keep or store in or about the premises anything which will increase the rate of insurance on the building, nor permit any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of change in occupancy or pursuant to any certificate transfer of occupancy that is hereafter issuedthis Lease by operation of law or otherwise, Landlord shall indemnify and hold harmless Tenant from nor make any liabilityalterations, damage additions or expense (includingimprovements, without limitationthe written consent of the Lessor first obtained. Lessee will not invalidate any policies of insurance now or hereafter in force with respect to said building and will pay all extra insurance premiums if any, reasonable attorneys’ fees) arising therefrom required on account of extra risk caused by the Lessee's use of the premises. Any construction, remodeling, additions, improvements or fixtures, except movable office furniture and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expensetrade fixtures, shall install be made or installed by the Lessee upon the premises only after the Lessor has given written consent hereto, and keep shall become the property of the Lessor, and shall remain and be surrendered in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep with the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure premises as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into part thereof at the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions termination of this Lease, Landlord by lapse of time or otherwise. If Lessor is required in its sole discretion to make alterations or improvements to the premises as a result of the nature of Lessee's business, whether to comply with the provisions of Paragraph 12 or otherwise, Lessee shall bear the cost thereof. Lessee agrees to pay promptly for any work done or material furnished in or about the premises and not to suffer or permit any lien to attach to the premises and Lessee further agrees to cause any such lien or any claims therefor to be released promptly; provided, however, that in the event Lessee contests any such claim, Lessee agrees to indemnify and secure Lessor to Lessor's satisfaction. Notice is hereby given that no mechanic's or materialmen's or other liens sought to be taken or vested on the premises or the building of which the premises is a part shall in any manner affect the right, title or interest of the Lessor therein, and that Lessee shall have no authority from Lessor to permit or create any such lien. No Items of any kind shall be entitled to enjoin Tenant from stored or left for any violation period of said provisionstime outside of the confines of the leased premises without the prior written consent of Lessor. Lessee shall maintain a constant temperature of no less than 35 degrees Fahrenheit in the leased premises.

Appears in 1 contract

Sources: Lease (Advanced Technical Products Inc)

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen facility for the testing and preparation operation of recipes and for photo shoots and online marketing of such recipes a licensed RCFE, and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) purpose whatsoever without Landlord's prior written consent, which consent may be withheld in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesLandlord's sole and absolute discretion. Tenant shall have not do, bring or keep anything in, on or about the right Premises that will cause a cancellation of any insurance maintained by either Landlord or Tenant with respect to subsequently petition Landlord for permission the Premises or any personal property located or used thereon, and Tenant shall comply with all requirements imposed by the insurance companies issuing such insurance. Tenant shall not use the Premises in any manner that will constitute waste of the Premises or a nuisance or unreasonable annoyance to install a kitchen owners or occupants of adjacent properties. Tenant shall not do anything on multiple floors, in which event the decision whether Premises that will cause damage to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, Premises or any part thereof. No machinery, and if failure to secure such license apparatus or permit would other appliance shall be used or operated in, on or about the Premises that will in any way affect Landlord, manner injure the Land Premises or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordany part thereof. Tenant shall pay all payrolls promptly when due respecting all personnel at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or shall file all governmental reports required pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense thereto (including, without limitation, reasonable attorneys’ fees) arising therefrom payroll tax returns), and Fixed Rent shall pay such taxes promptly and Additional Rent before delinquency. Tenant shall ▇▇▇▇▇ until comply with, and the leasehold created by this Lease shall at all times be subject to, all covenants, conditions, restrictions, easements and rights of way affecting the Premises or the real property on which the Premises are located. At Landlord's request, Tenant is no longer prevented shall furnish any bond which may be required by law in connection with the holding of any funds from using the Demised Premises residents, including resident's trust funds, and an accounting therefor. Tenant shall be fully responsible for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odorsfunds, and will complete such installations agrees to indemnify, defend and hold Landlord harmless from and against any losses, liabilities, costs or implementation as commercially reasonable as possible thereafterexpenses arising in connection therewith. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause conduct or permit to be conducted in, from or upon the Premises any foodsale by auction, waste whether such auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Articleinsolvency proceeding. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Emeritus Corp\wa\)

Use. 2.01 Tenant may use the Premises only for the Permitted Use and shall comply with all Laws relating to this Lease and/or the use, condition, access to. and occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Landlord shall deliver the Premises to Tenant in compliance with all applicable laws, and thereafter Tenant shall use and occupy bear the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion risk of complying with Title III of the Building for Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such purposelaws, Tenant shall also be able as amended from time to utilize time (the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof"Disabilities Acts") in the BuildingPremises, Tenant and (b) Landlord shall only be able to utilize one (1) bear the risk of said floors for kitchen purposes. Tenant shall have complying with the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be Disabilities Acts in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements common areas of the Department of Buildings affecting Complex, other than compliance that is necessitated by the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Except for the Permitted Use. the Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards. or results in violation an increased rate of insurance on the certificate of occupancy for the Demised Premises Building or its contents, or for the Building so long storage of any Hazardous Materials (except as the certificate of occupancy obtained permits Tenant’s permitted use under provided in Section 2.01 (excluding any right to maintain a kitchen27 hereto). Notwithstanding anything Outside storage is prohibited without Landlord's prior written consent: provided that Tenant may store trucks, other vehicles and trailers in the parking areas located to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor rear of the Building to be used for office purposes. in the area depicted on Exhibit A. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack because of a certificate Tenant Party’s acts or because Tenant vacates the Premises, the rate of occupancy insurance on the Building or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposesits contents increases. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts pay to keep Landlord the Demised Premises free from infestation amount of vermin such increase within thirty (30) days of demand by Landlord, and acceptance of such payment shall not waive any of Landlord’s other pests. (c) rights. Tenant will use commercially reasonable efforts shall conduct its business and control each other Tenant Party so as not to prevent create any offensive odors for which nuisance. or unreasonably interfere with Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants in its management of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Orthofix Medical Inc.)

Use. 2.01 Tenant agrees that it shall occupy and use the Premises only for business offices (including activities incidental to such use) and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion lawful use in keeping with the class and character of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have Landlord hereby acknowledges and agrees that the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises Building as of the Commencement Date is a permitted use under this Lease. Tenant shall comply with all federal, state and municipal laws, ordinances and regulations and all covenants, conditions and restrictions of record applicable to Tenant’s use or occupancy of the Premises; provided that, Tenant shall not be in violation of required to incur any expense or to perform any additional construction, unless the certificate of occupancy need for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits such compliance is solely caused by Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained hereinmanner of, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s or specific use of the Demised Premises for executive the conduct of Tenant’s specific business. Without limiting the foregoing, Tenant shall not cause, nor permit, any hazardous or toxic substances to be brought upon, produced, stored, used, discharged or disposed of in, on or about the Premises without the prior written consent of Landlord and general offices is permitted under then only in compliance with all applicable zoning environmental laws. If solely as a result of Tenant’s particular use of the Premises (a) the amount of insurance premiums payable by Landlord agrees that any certificate of occupancy that it obtains for insurance maintained by Landlord for or in respect to the Building shall permit the Demised Premises and the third floor of the Building is increased, (b) any such insurance coverage is decreased, or (c) cancellation or refusal to be used for office purposes. If, at renew any time, Tenant such insurance policy is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issuedthreatened, Landlord shall indemnify provide written notice to Tenant (the “Insurance Notice”), which written notice shall include reasonable documentation evidencing the occurrence of an event referenced in (a) through (c) above, whereupon Tenant shall immediately pay any such increased premium or cease any such use. In the event that Tenant fails to pay any such increased premium or cease any such use within five (5) business days after receiving the Insurance Notice, then Landlord shall have the right and hold harmless Tenant from any liabilityoption, damage or expense (includingin addition to Landlord’s other rights and remedies hereunder, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may to terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after upon written notice to Tenant and expiration of any applicable cure period, shall (i) have effective on the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat date set forth in such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) notice. Tenant shall not cause any foodhave access to the Premises 24 hours per day, waste or other foreign substance to be thrown or drawn into seven days per week and 365 days per year during the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this ArticleTerm. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Office Lease (Telvent Git S A)

Use. 2.01 Tenant The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes use set forth in the Basic Lease Information and for no other use or purpose. It is intended ; provided, however, that should Tenant rent more than one (1) floor (or part thereof) Landlord agrees that incidental to Tenant’s permitted use of the Premises as set forth in the BuildingBasic Lease Information, Tenant may conduct animal testing, limited to small rodents and guinea pigs, provided that such activity is conducted in compliance with all applicable Legal Requirements and Tenant has obtained all necessary governmental and quasi-governmental permits required in connection therewith. In the event that any such activity by Tenant shall give rise to a disturbance (including any picket or demonstration) on or about the Premises or the Property, Tenant shall only immediately use its best efforts to eliminate such disturbance, and if Tenant’s discontinuance of animal testing is necessary to eliminate such disturbance, Tenant shall discontinue animal testing and remove all animals from the Premises within six (6) months from Landlord’s notice thereof to Tenant. Notwithstanding the foregoing, if the disturbance at issue is one which interferes with another tenant’s access to or quiet enjoyment of its premises in the Property, and by reason thereof might subject Landlord to liability to such tenant or entitle such tenant to terminate its lease or reduce the rent payable thereunder, Tenant shall cause such disturbance to be able immediately eliminated, and if Tenant’s discontinuance of animal testing is necessary to utilize one (1) of said floors for kitchen purposesimmediately eliminate such disturbance, Tenant shall immediately discontinue animal testing and remove all animals from the Premises. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as Real Property which will in any way obstruct or interfere with the certificate rights of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor other tenants or occupants of the Building or injure or annoy them, or use or suffer or permit the Premises to be used for office purposes. Ifany immoral, at unlawful or objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any timenuisance in, Tenant is prevented from lawfully using on or about the Demised Premises or the third floor premises for executive Real Property. Without limiting the foregoing, Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibration to emanate from the Premises, and general offices due to no loudspeakers or other similar device which can be heard outside the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (includingPremises shall, without limitationthe prior written approval of Landlord, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent be used in or about the Premises. Tenant shall not commit or suffer to be committed any waste in, to or about the Premises. ▇▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises agrees not to employ any person, entity or contractor for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking work in the Demised Premises (including moving Tenant’s equipment and furnishings in, out or around the Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, whose presence may give rise to a labor or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep disturbance in the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts Building and, if necessary to prevent any offensive odors for which such a disturbance in a particular situation, Landlord has received bona fide reasonably based complaints, may require Tenant to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant employ union labor for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderwork. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Net Lease (Renovis Inc)

Use. 2.01 (a) Tenant shall use and the Premises only for the Permitted Use. Tenant will not occupy or use the Demised Premises for executive and general offices. Provided that Tenant does not utilize Premises, or permit any other portion of the Building Premises to be occupied or used, for such purposeany business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, Tenant shall also or which may be able dangerous to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (life, limb or part thereof) in the Buildingproperty, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen or keep any substance or carry on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for any operation which might emit offensive odors from the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereofuse which is extrahazardous on account of fire, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or nor permit anything to be done which will in any way increase the rate of fire insurance on any building in the Demised Premises, in violation of any zoning laws and/or resolutions Project or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, their contents; and in the event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on any building in the Project or their contents created by Tenant's acts or conduct of business then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a certificate waiver of occupancy is obtained for the Buildingany of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, Tenant’s use employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Demised Project. Tenant will maintain the Premises shall not be in violation a clean, healthful and safe condition and will comply with all laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding Premises, including without limitation any right to maintain a kitchen)Environmental Law. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold Landlord harmless Tenant from any liabilityand all costs, damage or expense expenses (includingincluding reasonable attorney's fees) claims and causes of action arising from Tenant's failure to comply with this Section. Tenant will not, without limitationthe prior written consent of Landlord, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type or window awning on or about the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysany part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep will maintain such permitted item in good order condition and condition exhaust fansrepair at all times. Outside storage, ventilating systems, including but not limited to trucks or other similar exhaust devicesvehicles, is prohibited without Landlord's prior written consent. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the comply with provisions of this Article are difficultRider No. 4 attached hereto, if not impossible as it relates to ascertain Hazardous Substances and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsMaterials.

Appears in 1 contract

Sources: Lease Agreement (Applied Digital Access Inc)

Use. 2.01 Tenant agrees that it shall occupy and use and occupy the Demised Premises for executive and only as general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes business offices and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have comply with all federal, state and municipal laws, ordinances and regulations and all covenants, conditions and restrictions of record applicable to Tenant’s use or occupancy of the right to subsequently petition Landlord Premises. Without limiting the foregoing: (a) Tenant shall not obstruct, or use for permission to install a kitchen on multiple floorsstorage, in which event or for any purpose other than ingress and egress, the decision whether to allow sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators or stairways of the Building; or (b) Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not make or permit shall to be required for made any use of the proper and lawful conduct of Tenant’s business in the Demised PremisesPremises that, directly or indirectly, is forbidden by public law, ordinance or governmental regulation or that may be dangerous to persons or property, or that may invalidate or increase the premium cost of any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or policy of insurance carried on the Building or covering its operations; Tenant shall not do, or permit to be done, any act or thing upon the conduct of business thereon or therein, then Premises that will be in conflict with fire insurance policies covering the Building. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with all rules, regulations or requirements of the terms local Inspection and conditions of each such license Planning Bureau or permit. At no expense to Landlordany other similar body, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupydo, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in upon the Demised Premises, or bring or keep anything thereon, in violation of any zoning laws and/or resolutions rules, regulations or requirements of the Department Fire Department, local inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction and then only in such quantity and manner of Buildings affecting storage as not to increase the Demised Premises, the Land and/or rate of fire insurance that is applicable to the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests.; (c) Tenant will use commercially reasonable efforts shall not make or permit any noise or odor that is a nuisance to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder.occupants; (d) Tenant shall not cause install any food, waste locks or other foreign substance similar devices in the Premises without Landlord’s consent (not to be thrown unreasonably withheld or drawn into delayed). Landlord and Tenant acknowledge that there is a key card security system in place at the plumbing or waste lines. Tenant agrees to maintain Premises on the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation date of this Article.Lease. Landlord hereby consents to installation of separate locks or similar devices on room(s) identified by Tenant as “Computer Rooms”. No keys or keycards for any door other than those keys and keycards provided by Landlord or for any locks consented to by Landlord shall be made. Upon termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys, if any, and keycards to the Premises and shall make known to Landlord the combination of all locks on safes, cabinets and vaults that are not removed by Tenant; (e) Tenant shall install be responsible for the locking of doors in and maintain a working smoke detector/carbon monoxide detector in to the Demised Premises. Tenant acknowledges , except that agents of Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Leaseincluding cleaning personnel, Landlord shall be entitled [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to enjoin Tenant from any violation of said provisionsthe omitted portions.

Appears in 1 contract

Sources: Office Space Lease (Blackhawk Network Holdings, Inc)

Use. 2.01 Tenant shall use and occupy the Demised Premises only for executive the use set forth in Article 1.F. of the Basic Lease Provisions and general offices. Provided that Tenant does shall not utilize use or occupy the Premises or permit the same to be used or occupied for any other portion purpose without the prior written consent of the Building for such purposeLandlord, Tenant shall also which consent may be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (given or part thereof) withheld in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the Landlord’s sole and absolute discretion discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of Landlord. 2.02 If any governmental license other tenants or permit shall be required for the proper and lawful conduct of Tenant’s business occupants in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantProject. Tenant shall, at its sole cost and expense, shall duly procure promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), and thereafter maintain such license (ii) improvements installed or permit and submit constructed in the same Premises by or for inspection by Landlordthe benefit of Tenant. Tenant shall at not permit occupancy of the Premises that exceeds any governmental regulations or requirements. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all times rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, provided Tenant shall not be required to make any alterations to the Premises in connection therewith unless such standards or requirements are imposed due to Tenant’s particular use of the Premises, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the terms and conditions provisions of each such license or permitthis Article. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall agrees not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintstrash, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any foodgarbage, waste or other foreign substance to be thrown or drawn into refuse on the plumbing or waste lines. Tenant Premises except in sanitary containers and agrees to maintain regularly and frequently remove same from the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall keep the sewage disposal system free of all obstructions and in good operating condition. If the volume of Tenant’s trash becomes excessive in Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Leasejudgment, Landlord shall have the right to charge Tenant for additional trash disposal services and/or to require that Tenant contract directly for additional trash disposal services at Tenant’s sole cost and expense. Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises not less frequently than once every thirty (30) days for the purpose of eliminating infestation by and controlling the presence of insects, rodents and vermin and shall promptly cause any corrective or extermination work recommended by such service to be entitled performed. Such work shall be performed pursuant to enjoin a written contract, a copy of which shall be delivered to Landlord by Tenant from any violation of said provisionsupon request.

Appears in 1 contract

Sources: Standard Office Lease (Tut Systems Inc)

Use. 2.01 Section 3.1 Subject to the next sentence, the Demised Premises may be used and (i) introduce any new uses of the Demised Premises in addition to those for which the Demised Premises was being used in the sixty (60) day period prior to the Commencement Date (other than the Twenty First Floor Work); (ii) introduce any new occupants of the Twenty First Floor Unit (other than persons engaged in the Twenty First Floor Work) in addition to those who occupied the Demised Premises in the sixty (60) day period prior to the Commencement Date; or (iii) install any new equipment or fixtures in the Demised Premises (other than as part of the Twenty First Floor Work). In addition, Tenant shall use and occupy the Demised Premises solely (x) to wind down those uses for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize which the Demised Premises for a kitchen for was used during the testing sixty (60) day period prior to the Commencement Date and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1y) floor (or part thereof) in to complete the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesTwenty First Floor Work. Tenant shall not use, or permit the use of, the Demised Premises or any part thereof for any purpose, except as otherwise expressly provided in this Lease. Section 3.2 Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any of the provisions of the Declaration or of any of the provisions (of which Tenant shall have received actual notice and which shall not materially adversely affect Tenant’s interest under this Lease) of any lease or mortgage to which this Lease is then subordinate, (ii) violate any Legal Requirements (subject to the right to subsequently petition Landlord for permission contest such requirements as provided in Article 9), (iii) subject to install a kitchen on multiple floorsthe provisions of the Declaration, make void or voidable, or make it impossible or extraordinarily difficult to obtain New York standard form fire, with extended coverage, liability, elevator, boiler or other insurance customarily carried by prudent operators or tenants of comparable office buildings in which event midtown Manhattan or required to be carried by the decision whether Declaration, (iv) cause structural injury to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, Building or any part thereof, and if failure to secure such license (v) constitute a public or permit would in any way affect Landlordprivate nuisance or (vi) impair the appearance, the Land character or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants reputation of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Contract of Sale

Use. 2.01 Tenant shall will use and occupy the Demised Premises for executive the sale and general offices. Provided that Tenant does not utilize any other portion display of contract furnishings relating to the Building for such purposecontract furnishings industry which are manufactured by or sold under Winston Furniture Company of Alabama, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Inc., at wholesale only and for no other use or purpose. It is intended Tenant will not use or permit upon the Premises anything that should will invalidate any policies of insurance now or hereafter carried on the Building or that will increase the rate of insurance on the Premises or on the Building. Tenant rent more will pay all extra insurance premiums on the Building which may be caused by the use which Tenant shall make of the Premises (other than one a use stated in the first sentence hereof). Tenant will not (1a) floor use or permit upon the Premises anything that may be dangerous to life or limb; (or part thereofb) in any manner deface or injure the Building, Tenant shall only be able to utilize one Building of any part thereof or overload the floors of the Premises; or (1c) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license anything or permit shall anything to be required for done upon the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would Premises in any way affect Landlord, the Land tending to create a nuisance or tending to disturb any other tenant in the Building or the conduct occupants of neighboring property, or tending to injure the reputation of the Building. Tenant shall further not carry-on or permit any activities which might: (1) involve the storage, use or disposal of medical or hazardous waste substances or the creation of an environmental hazard; or (2) impair or interfere with (i) the structure of the Building or the operation of Building systems, (ii) the character, reputation or appearance of the Building as a first-class building, (iii) the furnishing of services(including utilities, telephone and communications) to any portion of the Building, or (iv) the enjoyment by any other occupants of the Building or the benefits of such occupancy (for example, free of noise, odors, or vibration emanating from the Premises). The Premises shall not be used for the purposes of any so called "office suites", schools, employment agencies or medical treatment facilities. Unless the Premises shall be closed because of needed repairs, revisions or decorating, Tenant shall otherwise keep the same open, fully lighted and available for business thereon activity during each and every day of the Term hereby demised, Saturdays, Sundays and holidays as established by Landlord from time to time only excepted, and the same shall be kept open by Tenant each day for business during the customary business hours established in the Building which are currently from 9:00 A.M. to 5:00 P.M. and during such additional hours (including Saturdays, Sundays and holidays established by Landlord from time to time) during market exhibitions in the Building when such exhibitions in the Building when such exhibitions include a type of merchandise sold by Tenant in the Premises. Tenant will fully and promptly comply, and operate the Premises in conformity, with all applicable federal, state and municipal laws, ordinances, codes, regulations and requirements respecting the Premises or Tenant's use or occupancy thereof, and activities therein, then Tenantand Tenant will not use the Premises for lodging or sleeping purposes, at its sole cost and expense, shall duly procure and thereafter maintain such license nor conduct or permit to be conducted on the Premises any business or activity which is contrary to the provisions of this Lease or to any applicable governmental laws, ordinances, codes, regulations and submit the same for inspection requirements. Tenant shall promptly pay all taxes of whatever kind are imposed upon Tenant but which are to be collected by Landlord. Tenant shall at all times comply with the terms and conditions of each such license no time sell food on or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach shall at no time sell (within the meaning of the provisions Illinois Liquor Control Act, as now or hereafter amended) alcoholic liquor on or from the Premises, provided, however, that Tenant may occasionally give complimentary food and alcoholic liquor to its guests on the Premises, on condition that Tenant shall comply with all applicable governmental requirements, and on further condition that, prior to the giving of this such alcoholic liquor, Tenant shall procure and maintain continuously thereafter (or cause to be procured and maintained continuously thereafter) in force a policy of host liquor liability insurance or Dram Shop liability insurance, as set forth in Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions25 hereof.

Appears in 1 contract

Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)

Use. 2.01 Tenant shall occupy and use the Premises only for the Permitted Use and occupy shall comply with all Laws relating to this Lease and/or the Demised Premises for executive use, condition, access to, and general offices. Provided that Tenant does not utilize any other portion occupancy of the Building Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed five persons for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) each 1,000 rentable square feet in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesPremises. Tenant shall have may use the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsPremises after normal business hours, in which event so long as Tenant is not generally conducting business from the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s Premises after normal business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordhours. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised The Premises shall not be in violation of the certificate of occupancy used for the Demised Premises any use which is disreputable, creates extraordinary fire hazards, or for the Building so long as storage of any Hazardous Materials, except in full compliance with all applicable Laws and this Lease. To the certificate extent that Tenant's use directly results in an increase rate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding insurance or any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or insurance expenses for the Building and that the Demised Premises are located in a M1-5B Zoneor its contents, then Tenant shall compensate Landlord for such increase. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s Tenant shall not use any substantial portion of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that a "call center," any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposesother telemarketing use, or any credit processing use. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack because of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant's use, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. Tenant's build-out, (c) a Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaintsParty's acts, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not cause waive any food, waste or of Landlord's other foreign substance to be thrown or drawn into the plumbing or waste linesrights. Tenant agrees shall conduct its business and control each other Tenant Party so as not to maintain the plumbing and waste lines create any nuisance or unreasonably interfere with other tenants or Landlord in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach its management of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsProject.

Appears in 1 contract

Sources: Lease Agreement (Aeglea BioTherapeutics, Inc.)

Use. 2.01 11.1 The Premises shall be used and occupied by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes office purposes and for no other purposepurpose without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. It is intended Tenant acknowledges that should Tenant rent more than one (1) floor (neither Landlord nor any agent of Landlord has made any representation or part thereof) in warranty with respect to the Premises, the Building, Tenant shall only be able or the Project, with respect to utilize one (1) the suitability thereof for the conduct of said floors for kitchen purposesTenant's business. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises, Premises nor bring or keep anything therein which will in violation any way increase the existing rate of or affect or cause a cancellation of any zoning laws and/or resolutions fire or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or other insurance covering the Building, andCommon Area, in or the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate any of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained hereinits contents, nor shall Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall sell or permit the Demised Premises and the third floor of the Building to be kept, used for office purposesor sold in or about the Premises any article which may be prohibited by a standard form policy of insurance. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent promptly upon demand reimburse Landlord for any offensive odors additional premium charged for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to any such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation insurance by reason of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance 's failure to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of comply with the provisions of this Article are difficult11. Tenant agrees that it will use the Premises in such manner as not to interfere with the rights of other tenants of the Building or Common Area. Tenant shall neither use nor allow the Premises, if not impossible Building or Common Area to ascertain and concedes that among any other remedies be used for any unlawful purpose, nor cause, maintain or permit any nuisance or waste in, on or about any portion of the Project. Tenant will not place a load upon any floor exceeding the floor load which such breach permitted by law floor was designed to carry, and Landlord reserves the right to prescribe the location of any safe or other heavy equipment in the Premises. Tenant shall not use or allow anything to be done in or about the Premises or the provisions Project which will in any way conflict with any law, ordinance or governmental regulation or requirement of this Leaseany board of fire underwriters or any duly constituted public authority now in force or hereafter enacted or promulgated affecting the use or occupancy of the Premises, Landlord and shall pomptly comply with all such laws or requirements at its sole cost and expense. The judgment of any court of competent jurisdiction or any admission by Tenant that Tenant has violated any such law, statute, ordinance, rule, regulation or requirement shall be entitled to enjoin Tenant from any violation conclusive of said provisionssuch fact as between Landlord and Tenant.

Appears in 1 contract

Sources: Office Lease (Trimark Holdings Inc)

Use. 2.01 Tenant shall use The Premises may be used and occupy the Demised Premises occupied only for executive general business office, sales, administrative, software engineering, and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing software research and preparation of recipes and for photo shoots and online marketing of such recipes development purposes and for no other purposeuse or purpose without Landlord's prior consent, which consent shall not be unreasonably withheld. It 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 intended that should Tenant rent more than one (1) floor (either not compatible with the use as an office building or part thereof) in the Building, Tenant shall only be able to utilize one (1) violates another provision of said floors for kitchen purposesthis Lease. Tenant shall have comply with all present and future Laws relating to Tenant's use or occupancy of the right Premises (and make any repairs, alterations or improvements as required to subsequently petition Landlord 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 permission to install a kitchen on multiple floorsuse as office space, in which event the decision whether to allow Tenant the ability to do so 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 do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, or an increase in the sole and absolute discretion existing premium (unless within fifteen days after Landlord gives Tenant written notice of Landlord. 2.02 If such increase in premium, Tenant agrees in writing to pay for such increase) for, any governmental license or permit shall be required for insurance policy covering the proper and lawful conduct of Tenant’s business in the Demised Premises, Project or any part thereof, and if failure . Tenant shall not permit the Premises to secure such license be occupied or permit would used in any way affect manner that will constitute waste or a nuisance. Tenant shall not, without the prior consent of Landlord, the Land or bring into the Building or the conduct Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Building or any of business thereon the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit other systems in the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupyBuilding ("BUILDING SYSTEMS"), or suffer or permit anyone to use or occupy, jeopardize the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor structural integrity of the Building to be used for office purposes. If, at or any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlordpart thereof. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (3do Co)

Use. 2.01 Tenant A. The Premises shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen used solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the BuildingIn connection with its Permitted Use, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsinstall, maintain, and operate an automated teller machine (an “ATM”), together with related equipment, accessories and identifying signage (collectively, the “ATM Equipment”), in which event the decision whether location within the Premises shown on Exhibit A-2. Tenant shall provide all security measures that are necessary or appropriate for the ATM Equipment (as reasonably determined by Landlord), including, without limitation, mirrors, surveillance cameras, door locks, adequate lighting, exterior visibility, card entry systems, and warning signage. Landlord shall have no responsibility for the ATM Equipment, and shall not be liable for any damage or disruption to allow same however caused, including, without limitation, due to a disruption in electrical or telecommunication service unless due to the negligence or willful misconduct of the Landlord subject to the limitations set forth in Section 35 below. Tenant shall pay all real, personal property, or other taxes or fees assessed or imposed on the ability to do so ATM Equipment. Tenant shall separately arrange with, and pay directly to, the applicable public or private utilities as the case may be, for the furnishing, installation, and maintenance of all telecommunications lines, services, and equipment as may be required by Tenant in the sole use of the ATM Equipment. Landlord makes no representations as to the suitability of the Building or the Premises for an ATM or whether or not an ATM may be installed therein under applicable Laws. Tenant agrees to use the ATM Equipment in a clean, careful, safe, lawful, and absolute discretion proper manner. Tenant acknowledges and agrees that the Permitted Use of the Premises has been precisely defined to achieve a first-class retail use compatible with a first-class office building in the jurisdiction in which the Building is located, as well as a balanced and diversified group of tenants, merchandise and services at the Building. It is understood and agreed that Tenant’s covenant to operate its business in a first-class, appealing and attractive manner is a material inducement to Landlord to enter into this Lease. In connection therewith, Tenant shall (i) maintain a decor and physical layout that is attractive, appealing and consistent with the overall design and quality of the Building; (ii) comply with applicable health and safety codes; and (iii) maintain a high standard of cleanliness and hygiene throughout the Premises and any areas through which Tenant receives deliveries or disposes of refuse, all to the satisfaction of Landlord. Accordingly, it is understood and agreed that without Landlord’s prior written consent, Tenant shall not sell any products, offer any services or undertake any line of business that will directly and materially compete with the use of any other tenant at the Building; it being understood, however, that so long as products, services or lines of business offered by Tenant in the Premises conform with Tenant’s Permitted Use of the Premises, Landlord’s consent for the same shall not be required. Tenant shall not use or occupy the Premises for any unlawful purpose or in any manner that will violate the certificate of occupancy for the Premises or the Building or that will constitute waste. 2.02 If B. 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, in Landlord’s sole judgement, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the Building and the Property. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental license entity (“Laws”) with reference to the use, condition, configuration or permit shall be occupancy of the Premises including, without limitation, procurement by Tenant, at its expense, of all governmental licenses and permits required for the proper and lawful conduct of Tenant’s business in the Demised Premises. If any such law ordinances, orders, rules and regulations require an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Notwithstanding anything in this Lease to the contrary, use of the Premises, the Building and the Land is subject to all covenants, conditions, easements and restrictions of record. Tenant, within ten (10) days after the receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any such Laws. Tenant, at its 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, provided such rules do not conflict with, or materially increase Tenant’s obligations under this Lease. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. Landlord will use reasonable efforts not to enforce any rule or regulation in a manner which unreasonably and adversely discriminates among similarly-situated tenants. In the event of any conflict or inconsistency between terms and provisions of any such rules and regulations, as now or hereinafter in effect, and the terms and provisions of this Lease, the terms and provisions of this Lease shall prevail. C. Throughout the Lease Term, Tenant shall: (a) continuously, actively and diligently use, occupy and operate its business in the entire Premises and use the Premises in a first-class and reputable manner for the Permitted Use; (b) keep the Premises fully staffed with adequately trained personnel; (c) keep the Premises open for business from 9:00 a.m. until 2:00 p.m. Monday through Friday (the “Minimum Hours”), at a minimum; (d) not permit carts of any kind to be stored or left outside the Premises (including, without limitation, on the sidewalks or any part thereof, and if failure public or common area of or adjacent to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct Land) longer than reasonably necessary to unload their contents; (e) not cause or permit any objectionable odors to emanate from the Premises, the loading dock, the dumpster area or any other part of the Building and use best efforts to prevent any odors whatsoever from emanating therefrom; and (f) abide by and observe the terms, rules and regulations specified in this Lease (including, without limitation, those of Section 4.A.). Landlord specifically reserves the right to restrict the loading and curbside pickup from the Premises as required by governmental authorities or as Landlord may deem reasonably necessary to alleviate traffic or congestion or otherwise. Tenant acknowledges that the Building is a first-class office building and that the aforesaid obligations are established to enhance the business thereon activity and patronage of all tenants in the Building, and that Tenant’s failure to comply with such obligations would cause Landlord damages which might be difficult to measure accurately. Tenant shall warehouse, store and stock in the Premises only such goods, wares and merchandise as Tenant intends to offer for retail sale at, in, from or thereinupon the Premises. Tenant shall not use more than the Permitted Storage Percentage of the number of square feet of rentable area in the Premises for such warehouse, then storage or stock purposes. In addition, Tenant shall not use any portion of the Premises located within five (5) feet of any storefront/display window for such warehouse, storage or stock purposes. Tenant shall use for office, clerical or other nonselling purposes only such space in the Premises as is from time to time reasonably required for Tenant’s business in the Premises. D. Tenant’s advertised name, as used by Tenant for identification of the business operated in the Premises as of the date hereof, shall be Tenant’s Advertised Name. Tenant shall not change such advertised name at any time during the Lease Term without the prior written consent of Landlord, which consent shall not be unreasonably withheld, giving due regard for the quality and character of the Building and the other tenants thereof. Tenant represents and warrants that as of the date hereof Tenant has full legal authority to use Tenant’s Advertised Name and that Tenant’s Advertised Name does not violate any law or the rights of any third party. Notwithstanding anything contained in this paragraph to the contrary, in the event Tenant merges with or is acquired by another banking or financial institution which results in change of trade name for Tenant’s business in the Premises, such change in trade name (and Tenant’s Advertised Name) shall be permitted without the consent of Landlord. Throughout the Lease Term, Tenant shall take all actions reasonably necessary to protect its legal authority to use Tenant’s Advertised Name. E. For the purpose of maintaining a uniform and consistent quality of merchandise and merchandising, and for the mutual protection of all retail tenants of the Building, Tenant agrees that Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed) before holding any events (whether special or in the ordinary course of Tenant’s business) which will or may result in crowds, lines, excessive pedestrian or vehicular traffic, noise or other occurrence which is not in conformity with Tenant’s normal and customary day-to-day operations in the Premises permitted by the Permitted Use. Tenant shall not use any space outside the Premises for display, sale or any other similar undertaking, nor use any advertising medium inside the Premises which may be heard outside the Premises. Tenant shall not allow its employees to loiter in or about the Common Areas of the Building or on the p▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ alleys adjacent to the Building or the Land. F. Notwithstanding anything to the contrary contained in this Lease, Tenant shall require all trucks or other vehicles serving Tenant to use the service areas and/or loading docks provided by Landlord, if any. Tenant shall confine all deliveries to travel areas designated by Landlord from time to time. Tenant shall cause all such vehicles serving Tenant to be promptly loaded or unloaded (and only between the hours of 7:00 p.m. and 8:00 a.m.) and removed from such area, and Tenant shall use its best efforts to see that all such trucks or other vehicles owned, operated by or on behalf of, or serving, Tenant shall comply in all respects with all Laws and any applicable rules and regulations governing use of truck or vehicle access, parking, loading and unloading facilities, and permissible hours and places therefor, as the same may be from time to time established, modified or amended by Landlord as aforesaid. Tenant must coordinate with Landlord to gain access to the loading docks and, if necessary, reserve the freight elevator. Immediately after use of such service area is complete, Tenant shall remove any debris and clean such area to its prior condition. Tenant shall not unreasonably impede (a) the use of such area by other tenants, or (b) traffic or parking near such loading area or the Building. G. Tenant shall comply, at its sole cost and expense, shall duly procure with all orders, requirements and thereafter maintain such license conditions (collectively, “Regulations”) now or permit and submit the same for inspection hereafter imposed by virtue of any law, or, reasonably required by Landlord, regarding the collection, sorting, separation, or recycling of waste products, garbage, refuse and trash (collectively, “Waste”), including, but not limited to, the separation of Waste into receptacles reasonably approved by Landlord and the removal of such receptacles in accordance with any collection schedules prescribed by such Regulations. Landlord reserves the right (a) to refuse to accept from Tenant shall any Waste that is not prepared for collection in accordance with any such Regulations, (b) to require Tenant to arrange for Waste collection at Tenant’s sole cost and expense, utilizing a contractor reasonably satisfactory to Landlord, and (c) to require Tenant to pay all times costs, expenses, fines, penalties, or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with any such Regulations. If Tenant is unable to comply with Landlord’s standard procedures regarding the terms internal collection, sorting, separation and conditions recycling of each such license or permit. At no expense Waste, then, upon reasonable advance notice to Landlord, Landlord shall sign applications use reasonable efforts to arrange for alternative procedures for Tenant, provided Tenant shall pay Landlord all additional costs incurred by Landlord with respect thereto. H. All telephone and telecommunications services desired by Tenant shall be ordered and utilized at the sole expense of Tenant. Unless Landlord otherwise cooperate with requests or consents in writing, all of Tenant’s telecommunications equipment shall be and remain solely in the Premises and the telephone closet(s) designated by Landlord. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment (including wiring) nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected (collectively, “Telecomm Equipment”). Landlord shall have the right, upon reasonable prior notice to Tenant (except in the event of an emergency), to interrupt or turn off telecommunications facilities as necessary in connection with securing repairs to the Building or maintaining such license or permit. 2.03 installation of telecommunications equipment for other tenants. Except as otherwise provided in Paragraph IV of Exhibit E, Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, at any time use the Premises or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficultprior written consent, if not impossible to ascertain which may be granted or withheld in Landlord’s sole and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsabsolute discretion.

Appears in 1 contract

Sources: Retail Lease (Alliance Bankshares Corp)

Use. 2.01 Tenant shall use and occupy the Demised The Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also are to be able to utilize the Demised Premises used for a kitchen for the testing bank and preparation of recipes and for photo shoots and online marketing of such recipes incidental or related uses, and for no other purposebusiness or purpose without the prior written consent of Landlord, which shall not be unreasonably withheld. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so No use shall be in made or permitted to be made of the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, nor acts done in or about the Premises, which will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of the Premises which has been or is subsequently enacted or promulgated by any public authority, or which will increase the existing rate of insurance upon the building, or cause a cancellation of any insurance policy covering the building or any part thereof, and if failure to secure such license nor shall Tenant sell, or permit would to be kept, used or sold in or about the Premises, any way affect Landlord, article which may be prohibited by the Land or the Building or the conduct standard form of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordfire insurance policy. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupycommit, or suffer to be committed, any waste upon the Premises or, any public or permit anyone to use or occupy, the Demised Premisesprivate nuisance, or other act or thing which may disturb the quiet enjoyment of any portion thereofother tenant in the building, nor use any apparatus, machinery or device in or about the Premises which shall cause any substantial noise or vibration, or do which shall substantially increase the amount of electricity or permit anything water, if any, agreed to be done in furnished or supplied under this Lease. Tenant further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the Demised Premisesconsent of Landlord, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises which consent shall not be in violation unreasonably withheld. So long as Tenant complies with all present and future ordinances and statutes relating thereto, Landlord agrees not to unreasonably withhold consent for installation by Tenant, on the roof of the certificate Real Property, of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building telecommunications equipment to be used for office purposes. If, at any time, exclusively by Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking only in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation furtherance of Tenant’s tenancy hereunder's business. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Northern Empire Bancshares)

Use. 2.01 Tenant The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupy occupancy thereof (collectively, "LEGAL REQUIREMENTS"). Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any use of the Demised Premises for executive and general officesthat is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Provided that Tenant does not utilize any other portion has prior knowledge of the Building then current terms of Landlord's insurance coverage with respect to the Project, (i) 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, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any such purposeuse, and (ii) Tenant shall also reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of Tenant's failure to comply with the provisions of this Section. 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 uses that would damage the Premises or obstruct or interfere with the rights of Landlord or other guests, invitees, licensees, or other authorized users 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 able to utilize the Demised Premises used for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other any unlawful purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right cause any office equipment or machinery to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be installed in the sole and absolute discretion Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Net Greenhouse Lease ▇.▇. ▇▇▇▇▇▇▇▇▇ Ave., RTP/Paradigm Genetics, Inc.-Page 13 Project. Tenant shall not place any 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. 2.02 If . Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any governmental license manner that will require ventilation, air exchange, heating, gas, steam, electricity or permit shall be required water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Permitted Use. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license make any alterations or permit and submit modifications, to the same for inspection by Landlord. Tenant shall at all times comply with interior or the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements exterior of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy Project, that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, provided that the foregoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. 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 attorneys’ feesexpenses incurred in investigating or resisting the same (including, without limitation, Legal Fees) (collectively, "CLAIMS") arising therefrom out of or in connection with Legal Requirements and Fixed Rent Tenant shall indemnify, defend, hold and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented save Landlord harmless from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises and against any and all Claims arising out of or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In in connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants failure of the BuildingPremises to comply with any Legal Requirement, Tenant will promptly commence curing except to the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odorsextent, and will complete such installations only to the extent, a Claim is attributable to a Construction Defect or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, the gross negligence or willful misconduct of Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)

Use. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantprocure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall duly procure use the Premises solely for the Permitted Use specified in the Summary, and thereafter maintain such license shall 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 submit comply with the Rules and Regulations attached hereto as Exhibit E, as the same for inspection 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. Tenant shall shall, at all times 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 terms Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises; provided, however, that Tenant shall not (and conditions Landlord shall) be required to make any structural or capital modifications, alterations or repairs to the Premises necessary to comply with applicable Laws in effect as of each the Commencement Date of this Lease, unless such license modifications, alterations or permitrepairs are necessitated by Tenant’s specific use of the Premises or on account of any physical requirements of the Tenant Improvements or of Tenant’s subsequent alterations to the Premises (as opposed to being required or triggered because of the cost, extent, value or scope of such work). At no expense To the extent any structural or capital modifications, alterations or repairs to Landlordthe Premises become necessary to comply with applicable Laws which are enacted after the Commencement Date of this Lease (“Post Commencement Structural Items”) and such Post Commencement Structural Items are not necessitated by Tenant’s specific use of the Premises or on account of any physical requirements of the Tenant Improvements or of Tenant’s subsequent alterations to the Premises, Landlord shall sign applications be responsible for all such Post Commencement Structural Items, but the actual and otherwise cooperate documented costs thereof shall be amortized on a straight-line basis over the reasonable useful life of any such Post Commencement Structural Items together with interest at the Interest Rate (as defined in Section 1.13 of the Lease Summary) and Tenant in connection with securing or maintaining shall pay to Landlord monthly, within thirty (30) days of written invoice, such license or permit. 2.03 monthly amortization amount so determined for such Post Commencement Structural Items as Additional Rent during the remainder of the Term of this Lease. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, allow the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposesany improper, immoral, unlawful or reasonably objectionable purpose. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause cause, maintain or permit any foodnuisance in, waste on or other foreign substance about the Premises, nor commit or suffer to be thrown committed any waste in, on or drawn into about the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this ArticlePremises. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Commercial Lease (Orchard Supply Hardware Stores Corp)

Use. 2.01 Tenant shall use and occupy the Demised Premises only for executive the use set forth in Article l.G. of the Basic Lease Provisions and general offices. Provided that Tenant does shall not utilize use or occupy the Premises or permit the same to be used or occupied for any other portion purpose without the prior written consent of the Building for such purposeLandlord, Tenant shall also which consent may be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (given or part thereof) withheld in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the Landlord’s sole and absolute discretion discretion, and Tenant agrees that it will use the Premises in such a manner so as not to materially and unreasonably interfere with or infringe upon the rights of Landlord. 2.02 If any governmental license other tenants or permit shall be required for the proper and lawful conduct of Tenant’s business occupants in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantProject. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. Landlord shall duly procure and thereafter maintain such license be responsible for compliance with all laws, statutes, ordinances, governmental regulations or permit and submit requirements now enforced or which may hereafter be enforced with respect to the same Project, except for inspection by LandlordTenant’s obligations pursuant to the immediately preceding sentence. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in anything (other than the Demised Premises, in violation conduct of general office uses) which would invalidate or increase the cost of any zoning laws insurance policy covering the Project and/or resolutions or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of the Department of Buildings affecting the Demised Premisesany organization which sets out standards, the Land and/or the Buildingrequirements or recommendations commonly referred to by major fire insurance underwriters, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent promptly upon demand reimburse Landlord for any offensive odors additional premium charges for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to any such odors including the installation of control devices insurance policy assessed or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation increased by reason of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance failure to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of comply with the provisions of this Article are difficult, if 7. Tenant shall comply with Landlord’s reasonable sustainability practices and shall not impossible permit any use of the Premises which may affect the continued certification of the Project issued pursuant to ascertain and concedes that among any the LEED rating system (or other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsapplicable certification standard).

Appears in 1 contract

Sources: Standard Office Lease (loanDepot, Inc.)

Use. 2.01 Tenant Lessee warrants and represent to Lessor that the leased premises shall use be used and occupied only for the purpose as set forth in section 1.06. Lessee shall occupy the Demised Premises for executive leased premises, conduct its business and general officescontrol its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance. Provided that Tenant does Lessee shall not utilize permit any operation which emits any odor or matter which intrudes into other portions of the building, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Building for such purposebuilding or otherwise interfere with, Tenant annoy or disturb any other lessee in its normal business operations or Lessor in its management of the building. Lessee shall also neither permit any waste on leased premises nor allow the leased premises to be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) used in any way which would, in the Buildingopinion of Lessor, Tenant shall only be able to utilize one (1) extra hazardous on account of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in fire or which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, increase or render void the Land or fire insurance on the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordbuilding. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not If at any time during the term of this Lease the State Board of Insurance or other insurance authority disallows any of Lessor’s sprinkler credits or imposes an additional penalty or surcharge in Lessor’s insurance premiums because of Lessee’s original or subsequent placement or use of storage racks or occupybins, method of storage or suffer or permit anyone to use or occupy, the Demised Premises, nature of Lessee’s inventory or any portion thereofother act of Lessee, or do or permit anything Lessee agrees to be done pay as additional rent the increase (between fire walls) in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, TenantLessor’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen)insurance premiums. Notwithstanding anything the foregoing, Lessee shall have the option to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice if a Certificate of Occupancy pursuant to LandlordArticle 3.07 is not issued to Lessee and Lessor does not agree to make the changes necessary to allow Lessee to receive its Certificate of Occupancy. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Commercial Lease (Mathstar Inc)

Use. 2.01 Tenant shall use and occupy the Demised Premises only for executive the use set forth in Article 1.G. of the Basic Lease Provisions and general offices. Provided that Tenant does shall not utilize use or occupy the Premises or permit the same to be used or occupied for any other portion purpose without the prior written consent of the Building for such purposeLandlord, Tenant shall also which consent may be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (given or part thereof) withheld in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the Landlord's sole and absolute discretion discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe the rights of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business other tenants in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantProject. Tenant shall, at its sole cost and expense, shall duly procure promptly comply with all laws, statutes, ordinances and thereafter maintain such license governmental regulations or permit requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project excluding structural changes to the Project not related to Tenant's particular use of the Premises, and submit (ii) improvements installed or constructed in the same Premises by or for inspection by Landlordthe benefit of Tenant. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in anything which would invalidate or increase the Demised Premises, in violation cost of any zoning laws fire and extended coverage insurance policy covering the Project and/or resolutions or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of the Department of Buildings affecting the Demised Premisesany organization which sets out standards, the Land and/or the Buildingrequirements or recommendations commonly referred to by major fire insurance underwriters. Tenant shall within thirty (30) days after demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that extent such assessment or increase is attributable to Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building 's failure to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection comply with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article after Tenant's receipt of substantiating documentation. Landlord represents that Landlord has taken or shall take the necessary steps to comply with what Landlord reasonably believes are difficult, if the requirements of ADA in effect as of the date of this Lease as it pertains to the common areas within the Project. Operating Costs shall not impossible include any cost incurred by Landlord in connection with upgrading the Project to ascertain and concedes comply with the requirements of the ADA that among any other remedies for any such breach permitted by law or are in effect as of the provisions date of this Lease, Landlord shall be entitled including penalties or damages incurred due to enjoin Tenant from any violation of said provisionssuch noncompliance.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Kushner Locke Co)

Use. 2.01 (a) The Premises shall be used and occupied by Tenant shall for general office use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating the use by Tenant of the Premises except that should repairs or alterations required to comply with laws general applicable to the condition of the Premises for use 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 shall be included or excluded from Operating Expenses as provided in Section 4 (c) (ix) above). Tenant rent more than one (1) floor (shall not use or part thereof) permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, Tenant nor shall only be able Tenant, its employees, agents or invitees damage the Premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the Premises without Landlord's written consent, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to utilize one (1) of said floors for kitchen purposesthe Premises. Tenant shall have not conduct any auction at the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsPremises. Notwithstanding any other provision of this Lease, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be required for done anything in and about the proper and lawful conduct of Tenant’s business in the Demised Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any part thereof, and if failure to secure such license or permit would policy of insurance maintained by Landlord in any way affect Landlord, connection with the Land Premises or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with which would violate the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions covenants, conditions or requirements of the Department of Buildings restrictions affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that land on which it is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust deviceslocated. (b) Tenant shall use commercially strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials") provided that the foregoing shall not include the obligation to remove, remediate, clean up, detoxify or pay for the cost to investigate or monitor any Hazardous Materials unless the same were caused to be located on or about the Premises by Tenant, its agents, or employees or were disturbed or exacerbated by Tenant, its agents or employees. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity, "radioactive materials, 11 or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. -- --- Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall not cause, or allow anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable efforts quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel reasonably approved by Landlord), indemnify and hold Landlord, its trustees, employees and agents, any entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, "Indemnitees") harmless from and against, and shall reimburse the Indemnitees for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to keep or following the Demised Premises free termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from infestation Tenant's obligation of vermin and other pestsindemnification set forth above. Tenant's obligations under this paragraph 6 shall survive the expiration or termination of this Lease. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord represents and warrants that Landlord has received complaints from other tenants no actual knowledge of any Hazardous Materials in more than de minimus amounts in, on or about the Building, Tenant will promptly commence curing the condition, except as disclosed in that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and certain Phase I report by ▇▇▇▇▇ Tenant for & ▇▇▇▇▇▇▇▇▇▇, Inc. dated March 30, 1998 delivered by Landlord to Tenant. Except to the cost thereof as Additional Rent; extent that the Hazardous Materials in question was released, omitted, used, stored, manufactured, transported or (ii) treat such failure as a breach discharged by Tenant, or its agents, employees or contractors, in violation of a material obligation of Tenant’s tenancy hereunder. (d) applicable laws, Tenant shall not be responsible for and Landlord shall indemnify, defend with counsel reasonably acceptable to Tenant, protect and hold harmless Tenant from any claim, remediation obligation, investigation obligation, monitoring obligation, removal obligation, cause any foodof action, waste penalty, attorneys' fee, cost, expense or other foreign substance damage owing or alleged to be thrown owing to any third party with respect to any Hazardous Materials present on or drawn into about the plumbing or waste lines. Tenant agrees to maintain Premises, the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law Building or the provisions Property, or the soil, groundwater or surface water thereof. Landlord's representations, warranties and indemnification under this paragraph shall survive termination of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Office Lease (Iown Holdings Inc)

Use. 2.01 Tenant shall use and occupy the Demised Premises solely for executive and general officesthe Permitted Use. Provided that Tenant does The Premises shall not utilize be used for any other portion purpose without the prior written consent of the Building for such purposeLandlord which consent shall not be unreasonably withheld, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (conditioned, or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesdelayed. Tenant shall have comply, at Tenant's expense, with (i) all present and future laws, ordinances, rules, requirements, regulations and orders of the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsUnited States of America, in which event the decision whether to allow Tenant Commonwealth of Virginia and any other public or quasi-public federal, state or local authority and/or any department or agency thereof, having jurisdiction over the ability to do so shall be in the sole Premises and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of relating Tenant’s business in the Demised Premises's particular use, or alteration of the Premises performed by Tenant (ii) any part thereof, reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises to the extent the same does not cause expense to Tenant or otherwise interfere with Tenant's use and if failure occupancy of the Premises and does not pertain to secure such license any structural alteration which is Landlord's responsibility. Tenant shall not use or permit would occupy the Premises in any way affect Landlordmanner that is unlawful or dangerous or that shall constitute waste, the Land unreasonable annoyance or a nuisance to Landlord or the Building or other tenants of the conduct of business thereon or therein, then TenantBuilding. Landlord shall comply, at its Landlord's sole cost and expense, shall duly procure with all governmental laws, rules, regulations, and thereafter maintain such license or permit and submit orders of the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions United States of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupyAmerica, the Demised PremisesCommonwealth of Virginia and any other public or quasi-public Federal, State or local authority and/or any portion thereofdepartment or agency thereof having jurisdiction over the Premises with regard to: (a) requirements prior to the Commencement Date including, but not limited to, requirements imposed with respect to Tenant work that is performed by Landlord or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, Landlord's Agent (in the event a certificate of occupancy is obtained for Tenant performs work after obtaining consent from Landlord then Tenant shall have the Buildingsole responsibility to comply with all governmental laws, Tenant’s use rules, regulations and orders); (b) the nature of the Demised Premises shall not be in violation structure of the certificate Premises; (c) the building operating and life safety systems; (d) the Common Area; and/or (e) Landlord's failure to make any repairs required of occupancy for Landlord hereunder. If a fire sprinkler or any additional exits are ever required, the Demised Premises same shall be installed or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building constructed by Landlord at Landlord's sole cost and that the Demised Premises are located in a M1-5B Zoneexpense. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws Tenant's stated use does not conflict with Landlord's insurance and that Tenant shall not be precluded from using the Premises in accordance with the stated Permitted Use or be liable or obligated to reimburse Landlord for any increases in Landlord's insurance premium or rates resulting from Tenant’s 's use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, if Tenant is prevented from lawfully using conducting its normal business in accordance with the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors stated Permitted Use for which Landlord has received bona fide reasonably based complaints, the Premises were leased to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Full Service Lease (Trex Co Inc)

Use. 2.01 (a) Tenant shall use and occupy the Demised Premises only for executive the use set forth in Article 1.G. of the Basic Lease Provisions and general offices. Provided that Tenant does shall not utilize use or occupy the Premises or permit the same to be used or occupied for any other portion purpose without the prior written consent of the Building for such purposeLandlord, Tenant shall also which Landlord consent may be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (given or part thereof) withheld in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the Landlord’s sole and absolute discretion discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business other tenants in the Demised PremisesProject. Except for items which are Landlord’s responsibility hereunder, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then TenantTenant shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times promptly comply with all covenants, conditions and restrictions, laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the terms condition, use or occupancy of the Premises, excluding changes to the Premises or its systems not related to Tenant’s particular use of the Premises (for other than normal and conditions customary general office operations), and (ii) improvements installed or constructed in the Premises by or for the benefit of each such license or permitTenant. At no expense to LandlordNotwithstanding the foregoing, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at be responsible for the cost of complying with any time use existing covenants, conditions and restrictions, laws, statutes, ordinances or occupy, governmental regulations or suffer requirements relating to or permit anyone to use or occupy, the Demised Premises, or affecting any portion thereofof the Project other than the Premises required as a result of such initial tenant improvements installed or constructed in the Premises by or for the benefit of Tenant (e.g., or modifications to the Project parking facilities). Except as otherwise provided in Article 14(e) below, Tenant shall not do or permit anything to be done in anything which would invalidate or increase the Demised Premises, in violation cost of any zoning laws fire and extended coverage insurance policy covering the Project and/or resolutions or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of the Department of Buildings affecting the Demised Premisesany organization which sets out standards, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises requirements or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right recommendations commonly referred to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devicesby major fire insurance underwriters. (b) Tenant shall use agrees not to keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and, except for trash removal which is the Landlord’s responsibility under Article 11 (unless Tenant elects otherwise pursuant to Article 9 below), agrees to regularly and frequently remove same from the Premises in accordance with commercially reasonable efforts to standards. Except for trash removal which is the Landlord’s responsibility under Article 11 (unless Tenant elects otherwise), Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall keep the Demised sewage disposal system free of all obstructions and in good operating condition. If the volume of Tenant’s trash becomes excessive in Landlord’s reasonable judgment, when compared to similar companies and similar business operations, Landlord shall have the right to charge Tenant for additional trash disposal services and/or require that Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises free from not less frequently than once every thirty (30) days for the purpose of eliminating infestation by and controlling the presence of insects, rodents and vermin and other pestsshall promptly cause any corrective or extermination work recommended by such service to be performed. Such work shall be performed pursuant to a written contract, a copy of which shall be delivered to Landlord by Tenant upon request. Tenant shall prevent odors from the Premises from permeating the Project and shall prevent any noises on the Premises which will unreasonably interfere or cause annoyance to any of the occupants of the Project. (c) In the event Tenant will use commercially reasonable efforts ceases operations at the Premises for a period in excess of thirty (30) consecutive days at any time during the last nine (9) months of the Lease Term, and such cessation is not due to prevent any offensive odors for an event of Force Majeure, a subletting of all or a portion of the Premises to which Landlord has received bona fide reasonably based complaintsconsented in writing or has deemed to have consented (with respect to which sublet area Landlord shall not have recapture rights), or any other reason to which Landlord has consented in writing, Landlord shall have the option, by giving thirty (30) days prior written notice to Tenant, to emanate from terminate this Lease with respect to the Demised Premises. Upon notification from Landlord that Landlord has received complaints from entire Premises (other tenants than the portion of the BuildingPremises being subleased); provided, however, that notwithstanding the foregoing, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that vitiate Landlord’s damages resulting from any breach election by delivering written notice to Landlord of its intent to recommence operations at the provisions of this Article are difficult, if not impossible to ascertain Premises and concedes that among any other remedies for any doing so within such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsthirty (30) day period.

Appears in 1 contract

Sources: Standard Office Lease (Capitalsource Inc)

Use. 2.01 The Leased Premises are leased to Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use set forth in Article 1 above and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposespurpose whatsoever. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be required for done in or about the proper and lawful conduct Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of Tenant’s business in or affect any casualty or other insurance on the Demised PremisesBuilding or the Property, or any of their respective contents, or make void or voidable or cause a cancellation of any insurance policy covering the Building or the Property, or any part thereof, and if failure to secure such license thereof or any of their respective contents. Tenant shall not do or permit would anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way affect Landlord, obstruct or interfere with the Land rights of other tenants or occupants of the Building or the conduct Property. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property, or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of business thereon record, or thereinany law, then Tenantstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the terms and conditions requirements of each such license any Board of Fire Underwriters or permitother similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with The judgment of any court of competent jurisdiction or the admission by Tenant in connection with securing any action against Tenant, whether Landlord be a party thereto or maintaining such license not, that Tenant has violated any matters of record, or permit. 2.03 any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not at place a load upon any time use floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done other mechanical equipment in the Demised Premises, in violation of any zoning laws and/or resolutions Leased Premises which cause noise or requirements vibration that may be transmitted to the structure of the Department of Buildings affecting Building. Notwithstanding the Demised Premisesforegoing, the Land and/or the Building, and, in the event a certificate of occupancy is obtained Tenant shall be allowed to operate (a) kitchen and eating facilities solely for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building Tenant's employees and its business invitees, and so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding such facilities do not cause fire hazards or obnoxious odors or in any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from way unreasonably disturb other tenants of the Building, Tenant will promptly commence curing and so long as the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, construction and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the same otherwise comply with all provisions of this Lease (b) computer and telecommunications facilities as ancillary to its other operations on the Leased Premises, (c) data processing and transmission, including roof top satellite communications pursuant to Article are difficult7.7, if not impossible accounting facilities, conference and meeting facilities and copying facilities, all as ancillary to ascertain and concedes its other operations on the Leased Premises. In addition, Tenant may have vending machines on the Leased Premises, provided that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord vending machines shall be entitled to enjoin for the sole use and enjoyment of Tenant from any violation of said provisionsand its employees and business invitees.

Appears in 1 contract

Sources: Lease Agreement (Suntek Corp)

Use. 2.01 Tenant shall use the Premises only for the Permitted Use and occupy shall comply with all Laws relating to the Demised use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for executive each 200 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and general officesother events of a temporary nature. Provided that Tenant does may use the Premises after the Normal Building Hours; however, (a) no more than 10% of Tenant’s desks and workstations in the Premises may be in use after Normal Building Hours other than on an occasional basis, and (b) such hours of operation shall not utilize affect (1) the Normal Building Hours, or (2) Tenant’s obligation with respect to all costs and expenses as a result of Tenant operating in the Premises beyond the Normal Building Hours, including accelerated wear and tear on the Building’s Systems. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other than in compliance with all Laws and this Lease). Tenant shall not use any portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no “call center,” any other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisestelemarketing use, or any part thereof, and if failure credit processing use other than as an ancillary component to secure such license or permit would Tenant’s Permitted Use in any way affect Landlord, the Land or Premises consistent with Class A buildings in the submarket in which the Building is located. Tenant may use any existing wiring or cabling in the conduct of business thereon Premises in its current “AS-IS” condition; however, any additional wiring or therein, then cabling installed by Tenant or modifications made to the existing wiring or cabling shall be at Tenant, at its ’s sole cost and expense. During the Term, Tenant shall duly procure leave any pre-existing but unused wiring and thereafter maintain cabling undamaged and in a neat and organized fashion, labeled, and comparable to its current condition. If, because of a Tenant Party’s acts or omissions or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such license or permit increase with 15 days of written demand with supporting evidence, and submit the same for inspection by acceptance of such payment shall not waive any of Landlord’s other rights. Tenant shall at all times comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements its management of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordProject. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Use. 2.01 Tenant (a) LESSEE shall occupy and use and occupy the Demised Premises for executive general office light manufacturing, research and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes storage purposes and for no other purpose. It is intended LESSEE shall at the termination and/or expiration of this lease return said Demised Premises to LESSOR in as good condition as when received, loss by accidental fire or other casualty not occurring through negligence of LESSEE and ordinary wear and tear excepted. As a material consideration hereto the LESSEE covenants that should Tenant rent more LESSEE shall not permit the Demised Premises to be occupied by any person, firm or corporation other than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen LESSEE whose name appears on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlordthis lease. 2.02 If any governmental license (b) LESSEE shall not use or permit shall be required for upon said Demised Premises anything that will invalidate or alter the proper and lawful conduct classification of Tenant’s business in the policy of insurance now or hereafter carried on the building or which the Demised PremisesPremises are a part, or that will increase the rate of insurance on said Demised Premises or on said building; LESSEE shall not use or permit upon said Demised Premises anything that may be dangerous to life or limb; LESSEE shall not in any manner deface or injure said building or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, overload the Land or the Building or the conduct floors of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordsaid Demised Premises. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant LESSEE shall not at permit any time use objectionable noise or occupy, odor to escape or suffer or permit anyone to use or occupy, the be entitled from said Demised Premises, or any portion thereof, Premises or do anything or permit anything to be done upon said Demised Premises in any way tending to create a nuisance or tending to disturb any tenant in said building or the Demised Premisesoccupants of neighboring properties. LESSEE shall not use the parking areas in any manner for the storage of materials, parts, supplies, trailers, equipment or machinery, nor shall LESSEE use the parking areas in any manner which could obstruct or interfere with the rights and safety of other tenants or persons. LESSEE will not use the premises for any illegal purpose or in violation of any zoning laws and/or resolutions government regulations or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises embarrass LESSOR or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other peststenant. (c) Tenant LESSEE will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from maintain a room temperature of greater than 40 degrees Fahrenheit in the service area and office area of the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant LESSEE shall not cause any foodcomply with all governmental laws, waste or other foreign substance ordinances and regulations and shall obtain and maintain all necessary licenses and permits applicable to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition LESSEE and to repair any damage resulting from any violation the use of this Articlethe Demised Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or connected with the Demised Premises, all at LESSEE's sole expense. (e) Tenant LESSEE shall install be solely responsible for all janitorial needs and maintain a working smoke detector/carbon monoxide detector expenses in connection with the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease (Videolan Technologies Inc /De/)

Use. 2.01 (a) The Antenna shall be used by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing transmission and preparation reception of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (signals to or part thereof) in from the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant Antenna in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupyTenant's business operations in, or suffer or permit anyone and the Permitted Uses of, the Premises and no rights to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to same shall be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, granted by Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issuedthird parties, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more other than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation expressly permitted by Article 38 of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of Lease, but subject, nevertheless to the provisions of this Article are difficultSection 4. Without limiting the foregoing, if not impossible Tenant expressly covenants and agrees that in no event will the Antenna be used, or be permitted to ascertain and concedes that among any other remedies be used, for any such breach permitted by law so called informational or data sale or the provisions commercial carrying of signals by any persons or entities (including any commercial broadcasters) other than Tenant (or a Permitted Tenant) or other assignee or successor-in-interest permitted under this LeaseLease for the operation of its business in the Premises. Landlord will use reasonable efforts not to interfere, or to cause future users not to interfere, with Tenant's rights to use the roof. Subject to the foregoing, Tenant covenants that it will use due diligence and reasonable efforts to avoid use of its Antenna that will, in any manner, cause interference with any Other Equipment now or hereafter installed on the roof of the Building or with any communications equipment located in the Building. (i) Tenant further expressly covenants and agrees that the Antenna will, throughout the Term, operate on only the fixed channel frequency which Tenant has specified in the Plans submitted to Landlord. In the event Tenant should wish to change the frequency utilized by the Antenna to another or other frequencies (the "Frequency Change"), Tenant shall request Landlord's prior written approval of the Frequency Change on not less than sixty (60) days' prior written notice to Landlord shall of such desired Frequency Change(s), specifying in said notice the new frequency or frequencies that will be entitled utilized by the Antenna, the date(s) of the desired change(s) and whether such changed frequency or frequencies will be used for transmission or receiving or both. (ii) Landlord hereby agrees not to enjoin Tenant from any violation of said provisions.unreasonably withhold or delay its consent to

Appears in 1 contract

Sources: Lease Agreement (Paine Webber Group Inc)

Use. 2.01 Tenant shall 10.1 Sublessee may use and occupy the Demised Sublet Premises solely for general office purposes. Sublessee shall not use or occupy the Sublet Premises for executive any unlawful purpose and general officeswill comply with all present and future laws, ordinances, regulations and orders of all governmental units having jurisdiction over the Sublet Premises. Provided Sublessee shall not use the Sublet Premises in any manner incompatible with a first class office building complex. Sublessee acknowledges that Tenant does not utilize any other portion it has had a full opportunity to make its own determination that the configuration and nature of the Building Sublet Premises are suitable for such purposeSublessee's business, Tenant shall also be able and Sublessee is not relying upon any implied-by-law warranty as to utilize the Demised suitability of the Sublet Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of LandlordSublessee's particular business. 2.02 If any governmental license 10.2 Sublessee shall not conduct or permit shall to be required for conducted any activity, or place any equipment in or about the proper and lawful conduct of Tenant’s business in the Demised Sublet Premises, or any part thereof, and if failure to secure such license or permit would which will in any way affect increase the rate of fire insurance or other insurance on the Building; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Sublessee in or about the Sublet Premises, such statement shall be conclusive evidence that such increase in such rate is due to such activity or equipment and, as a result thereof, Sublessee shall be liable for the full amount of such increase and shall reimburse Sublessor and Landlord therefor, and further, if such activity or equipment jeopardizes any insurance coverage, Sublessee shall immediately cause the discontinuance of such conduct or shall remove such equipment. 10.3 Sublessee shall not install, use, generate, store or dispose of in or about the Sublet Premises any Hazardous Material without Sublessor's and Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions 's prior written approval of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises Hazardous Material and the third floor of the Building proposed use. Sublessee hereby agrees to be used for office purposes. Ifindemnify, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify defend and hold Sublessor harmless Tenant from and against any liabilityclaim, damage or expense (includingarising out of Sublessee's installation, without limitationuse, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysgeneration, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systemsstorage, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration disposal of any applicable cure periodHazardous Material, shall (i) have regardless of whether Sublessor has approved the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunderactivity. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Sublease Agreement (Geopetro Resources Co)

Use. 2.01 Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and occupy the Demised Premises for executive ordinances and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen only for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Buildingpurpose of: SOFTWARE DEVELOPMENT, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesOPERATING ADMINISTRATIVE OFFICES, MARKETING, RESEARCH AND DEVELOPMENT, SALES AND MANUFACTURING AND FOR THE DIRECTLY RELATED LEGAL USES THEREOF AND FOR NO OTHER PURPOSE. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall to be required for done in or about the proper and lawful conduct Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of Tenant’s business in (or otherwise affect) fire or any insurance covering the Demised Premises, Premises or any part thereof, and if failure to secure such license or any of its contents, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit would to be done anything in, on or about the Premises which will in any way affect Landlordobstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises or injure or annoy them, or use or allow the Land Premises to be used for any improper, immoral, unlawful or the Building or the conduct of business thereon or thereinobjectionable purpose, then Tenantnor shall Tenant cause, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit any nuisance in, on or about the same Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for inspection that purpose or inside of the building proper where designated by Landlord. No materials, supplies, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall that may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall at all times not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure to comply with the terms and conditions of each such license or permitany applicable law. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at comply with any time use or occupyterm, covenant, condition, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings restriction ("TCC&R's") affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate . The provisions of occupancy is obtained this paragraph are for the Building, Tenant’s use benefit of the Demised Premises Landlord only and shall not be in violation construed to be for the benefit of any tenant or occupant of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordPremises. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (American Multiplexer Corp)

Use. 2.01 Tenant The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupy occupancy thereof (collectively, “Legal Requirements”). Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued any use of the Demised Premises for executive and general officesthat is declared by any governmental authority haying jurisdiction to be a violation of any Legal Requirement. Provided that Tenant does not utilize any other portion has prior knowledge of the Building then current terms of Landlord’s insurance coverage with respect to the Project, (i) 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, and Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued any such purposeuse, and (ii) Tenant shall also reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of Tenant’s failure to comply with the provisions of this Section. 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 uses that would damage the Premises or obstruct or interfere with the rights of Landlord or other guests, invitees, licensees, or other authorized users 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 able to utilize the Demised Premises used for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other any unlawful purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right cause any office equipment or machinery to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be installed in the sole and absolute discretion 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 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. 2.02 If . Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any governmental license manner that will require ventilation, air exchange, heating, gas, steam, electricity or permit shall be required water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Permitted Use. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license make any alterations or permit and submit modifications, to the same for inspection by Landlord. Tenant shall at all times comply with interior or the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements exterior of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy Project, that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) related to Tenants use or occupancy of the Premises, provided that the foregoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. 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 attorneys’ feesexpenses incurred in investigating or resisting the same (including, without limitation, Legal Fees) (collectively, “Claims”) arising therefrom out of or in connection with Legal Requirements and Fixed Rent Tenant shall indemnify, defend, hold and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented save Landlord harmless from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises and against any and all Claims arising out of or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In in connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants failure of the BuildingPremises to comply with any Legal Requirement, Tenant will promptly commence curing except to the conditionextent and only to the extent, that has given rise a Claim is attributable to such odors including a Construction Defect or to the installation gross negligence or willful misconduct of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Assignment and Assumption Agreement (Icoria, Inc.)

Use. 2.01 Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen ordinances for the testing purpose of general office, light manufacturing, research and preparation of recipes development, and storage and other uses necessary for photo shoots Tenant to conduct Tenant's business, provided that such uses shall be in accordance with all applicable governmental laws and online marketing of such recipes ordinances and for no other purpose. It Tenant shall not do or permit to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is intended that should Tenant rent more than one (prohibited by or will in any way increase the existing 1) floor . rate of (or part thereofotherwise affect) in fire or any insurance covering the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, Complex or any part thereof, and if failure to secure such license or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit would to be done anything in, on or about the Premises or the Complex which will in any way affect Landlordobstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Land Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Building Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the conduct structure, or place any harmful fluids or other materials in the drainage system of business thereon the building, or thereinoverload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, then Tenantexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or article of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Premises without the prior written consent of Landlord. Tenant shall at all times not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys' fees, or liability arising out of failure of Tenant to comply with the terms and conditions of each such license or permitany applicable law. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at comply with any time use or occupycovenant, condition, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings restriction ("CC&R's") affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate . The provisions of occupancy is obtained this paragraph are for the Building, Tenant’s use benefit of the Demised Premises Landlord only and shall not be in violation construed to be for the benefit of any tenant or occupant of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to LandlordComplex. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Ipass Inc)

Use. 2.01 Tenant The Premises shall use be used and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen occupied for the testing and preparation of recipes and for photo shoots and online marketing of such recipes purpose described in the Basic Lease Information under “Permitted Use” and for no other use or purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only comply with all present and future Laws regarding Tenant’s use, condition, configuration and occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws, other than any repairs, alterations or improvements which are Landlord’s responsibility under Section 2 or Section 7(b)), and shall observe the Project Rules (as defined in Section 29). Landlord, at its sole cost and expense (except to the extent properly included in Operating Costs due to a change in Law following the date of this Lease), shall be able responsible for correcting any violations of Title III of the Americans with Disabilities Act or of applicable building, fire or other codes with respect to utilize one (1) the Premises and the Common Areas of said floors for kitchen purposesthe Project, provided that Landlord’s obligation with respect to the Premises shall be limited to violations that arise out of the condition of the Premises prior to Tenant’s construction of the initial Tenant Improvements and the installation of any furniture, equipment and other personal property of Tenant. Tenant Notwithstanding the foregoing, Landlord shall have the right to subsequently petition Landlord contest, any alleged violation in good faith, including, without limitation, the right to apply for permission and obtain a waiver or deferment of compliance, the right to install a kitchen on multiple floorsassert any and all defenses allowed by Law and the right to appeal any decisions, in which event judgments or rulings to the decision whether fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to allow appeal or contest (or sooner, if Landlord’s deferral of any work will delay construction of the initial Tenant Improvements or will cause Tenant to incur any liability), will make all repairs, additions, alterations or improvements necessary to comply with the ability to do so terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required responsible for the proper and lawful conduct 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 Demised Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or 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 and any design or configuration of the Premises specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the ADA. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof, and if failure . Tenant shall not permit the Premises to secure such license be occupied or permit would used in any way affect manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be used for any use listed in Exhibit E attached hereto (“Prohibited Use”). Tenant shall not, without the prior consent of Landlord, the Land or (i) bring into the Building or the conduct of business thereon Premises anything that may cause substantial noise, odor or thereinvibration, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit overload the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done floors in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense Building (including, without limitation, reasonable attorneys’ feesby placing in the Premises any object whose weight distribution results in pressure in excess of eighty (80) arising therefrom pounds per square foot) or any of the heating, ventilating and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment (including kitchen equipment that is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In customarily used in connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rentgeneral office use); or (iiiii) treat such failure as a breach connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of a material obligation one hundred percent (100%) of Tenant’s tenancy hereunder. (d) the rated capacity of the circuit. Tenant shall not cause have no rights to use the subsurface of the Land or any foodairspace above the underside of the roof or floor above the Premises or above any paved or landscaped areas on the Land or Common Areas, waste and Landlord reserves the right to use all such subsurface and airspace areas, including, without limitation, the right to perform construction work thereon. Any diminution or other foreign substance to shutting off of light, air or view by any structure which may be thrown erected by Landlord shall in no way affect this Lease or drawn into the plumbing or waste linesimpose any liability on Landlord. Tenant agrees shall have no right whatsoever to maintain the plumbing and waste lines exterior of exterior walls or the roof of the Premises or the Building or any portion of the Property outside the Premises except as provided in good order, repair and condition and to repair any damage resulting from any violation Section 28 of this Article. (e) Tenant shall install Lease and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach Sections 2 and 3 of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsProject Rules Rider.

Appears in 1 contract

Sources: Lease Agreement (Tercica Inc)

Use. 2.01 Tenant a. In no event shall Lessee use and occupy or permit the Demised use of the Premises for executive any purpose other than general office use (which may include, subject to compliance with applicable laws and governmental requirements, use of the Premises for administration, software design and non-destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials, and all in a manner consistent with operation within a first-class general officesoffice use building, so as not to exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Project). Provided Lessor and Lessee hereby acknowledge and agree that Tenant does the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not utilize do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials in, on or below the Premises or any other portion of the Building for such purposeProject. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, Tenant shall also be able to utilize then the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so reasonable costs thereof shall be in reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee’s best knowledge and belief regarding the sole presence of Hazardous Materials at the Premises. Lessee shall indemnify, defend with counsel acceptable to Lessor, and absolute discretion of Landlord. 2.02 If hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisesall claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or any part thereofexpenses (including, and if failure to secure such license or permit would in any way affect Landlordwithout limitation, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant attorneys’ fees) arising in connection with securing the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or maintaining such license material which has been determined or permitis hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq. 2.03 Tenant , the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et. seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et. seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et. seq., the Clean Water Act, 33 U.S.C. §§ 1251., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises, . Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any Hazardous Materials actually known by Lessor to exist in or about the Premises or other portions of the Project at levels in violation of any zoning applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the operation of Lessee’s business from the Premises (including, without limitation, access to and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises and parking areas serving the Project). If requested by Lessee within thirty (30) days following the execution of this Lease, Lessor shall not provide to Lessee copies of any Hazardous Materials reports or other environmental reports respecting the Project then existing in Lessor’s possession, which reports shall be maintained by Lessee in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen)strict confidence. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate Lessee shall not be responsible for costs related to the testing, remediation and/or presence of occupancy has been obtained for Hazardous Materials on or about the Demised Premises and/or for the Building and that the Demised Premises are located or Project except if caused, in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building whole or in part, to be used for office purposes. Ifpresent thereon or thereabout by Lessee, at any timesubtenant of Lessee and/or any of their respective employees, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issuedagents, Landlord shall indemnify and hold harmless Tenant from any liabilityrepresentatives, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlordcontractors and/or invitees. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Net Office Lease (Borland Software Corp)

Use. 2.01 The Leased Premises are leased to Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use set forth in Article 1.9 above and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposespurpose whatsoever. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be required for done in or about the proper and lawful conduct Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of Tenant’s business in or affect any casualty or other insurance on the Demised PremisesBuilding or the Property, or any of their respective contents) or make void or voidable or cause a cancellation of any insurance policy covering the Building or the Property, or any part thereof, and if failure to secure such license thereof or any of their respective contents. Tenant shall not do or permit would anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way affect Landlord, obstruct or interfere with the Land rights of other tenants or occupants of the Building or the conduct Property or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of business thereon record, or thereinany law, then Tenantstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the terms and conditions requirements of each such license any Board of Fire Underwriters or permitother similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with The judgment of any court of competent jurisdiction or the admission by Tenant in connection with securing any action against Tenant, whether Landlord be a party thereto or maintaining such license not, that Tenant has violated any matters of record, or permit. 2.03 any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not at place a load upon any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due transmitted to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants structure of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Office Lease (Pegasus Solutions Inc)

Use. 2.01 (a) The Premises and Truck Park shall be used only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purposeother lawful purposes as may be incidental thereto, Tenant any such other lawful purpose being subject to Landlord's approval which shall also not be able unreasonably withheld or delayed ; however, no retail sales may be made directly from the Premises to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesgeneral public. Tenant shall have not use the right Premises and Truck Park to subsequently petition Landlord for permission to install a kitchen on multiple floorsreceive, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If store or handle any governmental license product, material or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, merchandise that is explosive or any part thereof, and if failure to secure such license highly inflammable or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlordhazardous excluding Permitted Materials hereinafter defined below. Outside storage is prohibited. Tenant shall at be solely responsible for complying with all times comply with Laws applicable to the terms use, occupancy, and conditions condition of each such license or permitthe Premises and Truck Park. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at permit any time use objectionable or occupyunpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises and Truck Park; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or suffer or permit anyone to use or occupy, the Demised Premises, endanger Landlord or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall other person; nor permit the Demised Premises and the third floor of the Building Truck Park to be used for office purposesany purpose or in any manner that would (1) void the insurance thereon, (2) unreasonably increase the insurance risk, or (3) cause the disallowance of any sprinkler credits, however, Landlord agrees that Tenant's planned use is not a breach of this provision. If, at Tenant shall pay to Landlord on demand any time, Tenant is prevented from lawfully using increase in the Demised cost of any insurance on the Premises and Truck Park or the third floor premises for executive Building incurred by Landlord, which is caused by Tenant's use of the Premises and general offices due Truck Park or because Tenant vacates the Premises and Truck Park prior to the lack expiration of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devicesLease. (b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Premises and Truck Park 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. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties but shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from coordinate and/or mitigate parking disputes with other tenants of that may arise from time to time. Notwithstanding the foregoing, Landlord agrees not to enforce rules and regulations, as to this Tenant, in a manner that is more restrictive than to other tenants in the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Commercial Lease Agreement (Homegrocer Com Inc)

Use. 2.01 The Premises shall be used for the Permitted Use and for no other purposes whatsoever. Tenant shall not do or permit to be done in or about the Premises, Building or Property anything which is prohibited by any law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted, including, without limitation, the Americans with Disabilities Act of 1990, as amended (collectively, “Applicable Law”). Tenant shall use and occupy cause all contractors, agents, employees, invitees and visitors of Tenant to use the Demised Premises for executive and general officesany common area of the Property in such a manner as to prevent waste, nuisance and any disruption of other occupants. Provided that Tenant does not utilize No vehicles or materials shall be permitted to block any sidewalks, driveways, loading docks or any other portion common area nor shall any vehicle be parked in the parking lot for longer than is necessary for the customary business purposes of Tenant. Landlord shall have the right, but not the obligation, to remove any vehicles and dispose of any materials, debris, or other items in violation of this section and such removal or disposal shall be at the sole risk of Tenant and Tenant shall pay the cost therefor to Landlord as Additional Rent upon demand. 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 Building Premises except as specifically provided for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesthis Lease. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floorsnot conduct or give notice of any auction, in which event the decision whether to allow Tenant the ability to do so shall be liquidation, or going out of business sale in the sole and absolute discretion of Landlord. 2.02 If any governmental license Premises. Tenant will not use the Premises or permit the Premises to be used as “a place of public accommodation” within the meaning of the Americans with Disabilities Act of 1990, as amended (the “ADA”) and Tenant shall be required for make any changes to the proper Premises and lawful conduct of Building necessary to accommodate Tenant’s business employees with disabilities. Tenant will not place a load upon any floor in the Demised Premises, Premises exceeding the floor load per square foot of area which such floor was designed to carry or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantwhich is allowed by law. Tenant shall, at its Tenant’s sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit make any changes necessary to bring the same for inspection by Landlord. Tenant shall at all times comply Premises into compliance with any Applicable Law to the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, extent those changes arise from Tenant’s unique use of the Demised Premises shall and not be from its use as general office space. The judgment of any court of competent jurisdiction or the admission by Tenant in violation any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any Applicable Law in the use or occupancy of the certificate of occupancy for the Demised Premises Premises, Building or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord Property shall be entitled to enjoin Tenant from any violation conclusive of said provisionsthat fact as between Landlord and Tenant.

Appears in 1 contract

Sources: Lease (Capitol Investment Corp. V)

Use. 2.01 Tenant The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupy occupancy thereof (collectively, "Legal Requirements"). Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any use of the Demised Premises for executive and general officesthat is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Provided that Tenant does not utilize any other portion has prior knowledge of the Building then current terms of Landlord's insurance coverage with respect to the Project, (i) 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, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any such purposeuse, and (ii) Tenant shall also reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of Tenant's failure to comply with the provisions of this Section. 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 uses that would damage the Premises or obstruct or interfere with the rights of Landlord or other guests, invitees, licensees, or other authorized users 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 able to utilize the Demised Premises used for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other any unlawful purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right cause any office equipment or machinery to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be installed in the sole and absolute discretion 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 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. 2.02 If . Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any governmental license manner that will require ventilation, air exchange, heating, gas, steam, electricity or permit shall be required water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Permitted Use. Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license make any alterations or permit and submit modifications, to the same for inspection by Landlord. Tenant shall at all times comply with interior or the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements exterior of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy Project, that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. (S) 12101 et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, provided that the foregoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. 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 attorneys’ feesexpenses incurred in investigating or resisting the same (including, without limitation, Legal Fees) (collectively, "Claims") arising therefrom out of or in connection with Legal Requirements and Fixed Rent Tenant shall indemnify, defend, hold and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented save Landlord harmless from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises and against any and all Claims arising out of or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In in connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants failure of the BuildingPremises to comply with any Legal Requirement, Tenant will promptly commence curing except to the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odorsextent, and will complete such installations only to the extent, a Claim is attributable to a Construction Defect or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, the gross negligence or willful misconduct of Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)

Use. 2.01 (a) The Antenna shall be used by Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen solely for the testing transmission and preparation reception of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (signals to or part thereof) in from the BuildingAntenna, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupyTenant's business operations in, or suffer or permit anyone and the Permitted Uses of, the Premises and no rights to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to same shall be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, granted by Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issuedthird parties, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more other than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation expressly permitted by Article 38 of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of Lease, but subject, nevertheless to the provisions of this Article are difficultSection 4. Without limiting the foregoing, if not impossible Tenant expressly covenants and agrees that in no event will the Antenna be used, or be permitted to ascertain and concedes that among any other remedies be used, for any such breach permitted by law so called informational or data sale or the provisions commercial carrying of signals by any persons or entities (including any commercial broadcasters) other than Tenant (or a Permitted Tenant) or other assignee or successor-in-interest permitted under Article 38 of this LeaseLease for the operation of its business in the Premises. Tenant covenants that it will use due diligence and reasonable efforts to avoid use of its Antenna that will, in any manner, cause interference with any Other Communications Equipment now or hereafter installed on the roof of the Building or with any communications equipment located in the Building. (i) Tenant further expressly covenants and agrees that the Antenna will, throughout the Term, operate on only the fixed channel frequency which Tenant has specified in the Plans submitted to Landlord. In the event Tenant should wish to change the frequency utilized by the Antenna to another or other frequencies (the "Frequency Change"), Tenant shall request Landlord's prior written approval of the Frequency Change on not less than sixty (60) days' prior written notice to Landlord of such desired Frequency Change(s), specifying in said notice the new frequency or frequencies that will be utilized by the Antenna, the date(s) of the desired change(s) and whether such changed frequency or frequencies will be used for transmission or receiving or both. (ii) Landlord hereby agrees not to unreasonably withhold or delay its consent to Tenant's Frequency Change, provided, however, that (x) Tenant shall be entitled to enjoin Tenant from comply with all applicable Legal Requirements of Legal Authorities regarding any violation such Frequency Change; (y) Tenant's Frequency Change will not interfere with the use of said provisionsany Other Communications Equipment then in use on the roof of the Building; and (z) the Frequency Change will not result in, or impose an extra burden on any of the Building Systems.

Appears in 1 contract

Sources: Lease Agreement (U S Trust Corp /Ny)

Use. 2.01 The Premises shall be used and occupied by Tenant solely for the purposes of general office, lab, warehouse and other related ancillary uses and such use by Tenant shall at all times be in full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord set forth on Exhibit C. Tenant agrees not to commit or permit any act to be performed on the Premises or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Premises and occupy its occupancy and shall promptly comply with all governmental orders, rulings and directives for the Demised correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant's use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant's sole cost and expense. Without limiting the scope of the foregoing provisions of this Article 11, Tenant’s use of the Premises shall comply with all applicable requirements of the Minnesota State Fire Code, Minnesota Rules, Chapter 7511, including the 2006 International Fire Code, as amended and as may hereafter be amended from time to time and of any replacement and/or successor law, ordinance, code or rule or regulation, expressly including requirements relating to the types of materials that may be stored in the Premises, the storage containers that may be used, the heights such storage containers may be stacked and the separation that must exist between materials and stacks. Notwithstanding the foregoing, Landlord shall be responsible for executive and general officesmodifications or additions to the Premises or the Building required for compliance (including the ADA) regarding any legal non-conformities that exist prior to the Commencement Date. Provided that Tenant does shall not utilize any disturb other portion occupants of the Building for such purpose, by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises or Building anything which will be dangerous to life or limb. The employees of Tenant shall also not be able permitted, during their breaks or otherwise, to utilize congregate or loiter in any of the Demised Premises for common areas of the Building, including the Common Areas, in such a kitchen for manner that would be disruptive of the testing and preparation of recipes and for photo shoots and online marketing use of such recipes Common Areas by the other tenants and for no occupants of the Building or that would obstruct access to, from or within the Building. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or equipment in or about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) tenant in the Building, then Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenantprovide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-premises employees) shall duly procure and thereafter maintain such license or permit and submit be installed by Tenant in the same for inspection by Premises without the prior written consent of Landlord. In no event shall Tenant shall at all times comply with (i) permit the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation storage of any zoning laws and/or resolutions materials, equipment or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor other personal property outside of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause permit any food, waste or other foreign substance motor vehicle to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach parked outside of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisionsBuilding overnight.

Appears in 1 contract

Sources: Commercial Lease (Celcuity Inc.)

Use. 2.01 2.01. Tenant shall use and occupy the Demised Premises for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes Permitted Use and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord2.02. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions law, ordinance or requirements regulation governing the use and occupation of the Department Demised Premises or the Building. 2.03. In no event shall the population density in the Demised Premises exceed one (1) person for every two hundred (200) rentable square feet, or such lesser amount as may be required by the certificate of Buildings affecting occupancy for the Building. Landlord represents that the Certificate of Occupancy annexed hereto as Exhibit G has not been amended, and Landlord agrees that it will not seek to amend or modify the Certificate of Occupancy in any way that will affect Tenant’s use and occupancy of the Demised Premises. 2.04. The Demised Premises may be used by third parties associated with Tenant’s business (individually a “Desk Sharing Party”, and collectively, “Desk Sharing Parties”) on a temporary basis, upon the following express conditions, unless otherwise agreed to in writing, by 4846-0294-9028.v11 (i) Desk Sharing Parties, in the aggregate, may not occupy more than three thousand (3,000) usable square feet of the Demised Premises; (ii) any such Desk Sharing Party shall not have any rights under this Lease except to occupy space in the Demised Premises, nor shall such occupancy create a landlord-tenant relationship or any privity with the Land and/or Landlord, and any such Desk Sharing Party shall have no right, title or interest in or to the Building, and, Demised Premises; (iii) Tenant continues to actively conduct its business in the event Demised Premises; (iv) there shall be no separate identification of any Desk Sharing Party on any Demised Premises or Building signage; (v) there shall be no construction or other alterations to the Demised Premises to separate space within the Demised Premises for a certificate of occupancy is obtained for the Building, Tenant’s use of Desk Sharing Party (i.e. the Demised Premises shall not be reconfigured to appear to have separate premises within the Demised Premises); (vi) any such arrangement with a Desk Sharing Party will terminate automatically upon the termination of this Lease; (vii) Tenant shall receive no rent or other payment or consideration for the use or occupancy of any space in violation of the certificate of occupancy for the Demised Premises or by any Desk Sharing Party (other than for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchenreasonable charges for office, clerical, secretarial, messenger and similar services). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete (viii) such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail desk sharing arrangement is for a valid business purpose and not to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or circumvent the provisions of this Lease, including, without limitation, Article 8. Any Desk Sharing Party use or occupancy agreement is subject and subordinate to this Lease and all matters to which this Lease is subject and subordinate. In connection with such Desk Sharing Party, Tenant will provide Landlord shall be entitled to enjoin with a copy of a written agreement, (if any), with such Desk Sharing Party and the names and contact information for any such Desk Sharing Party. Tenant hereby indemnifies and holds Landlord harmless hereunder from any violation and all liabilities, expenses or costs of said provisionsany nature whatsoever to Landlord arising in any manner out of or in connection with the Desk Sharing Party’s use of, or presence in, the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (UroGen Pharma Ltd.)

Use. 2.01 Tenant shall agrees to use the Premises in a safe, careful and occupy the Demised Premises for executive proper manner, and general offices. Provided that Tenant does not utilize any other portion to comply, at Tenant’s expense, with all Laws applicable to Tenant’s use, occupancy or alteration of the Building for such purpose, Tenant shall also be able Premises and with any Laws that require any alterations to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall only be able due to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premisesstatus under such Laws, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom the ADA; provided, however, that Landlord shall, at Landlord’s cost and Fixed expense, make any changes or alterations required by Laws, including the ADA, as a result of conditions existing prior to the Commencement Date in the Premises, and not resulting from Tenant’s particular use of the Premises. If, due to the nature or manner of any use or occupancy of the Premises by Tenant, any improvements or alterations to the Building or the Premises are determined to be required to comply with any Laws, then Tenant will pay all costs of the required improvements, alterations or changes in services. Tenant will not keep anything on the Premises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the Premises by Landlord. Tenant will pay, as Rent and Additional Rent shall ▇▇▇▇▇ until upon demand of Landlord, any such increased premium cost due to Tenant’s use or occupation of the Premises. Tenant is no longer prevented from using will not cause, maintain or permit any nuisance or waste in or about the Demised Premises for such purposesBuilding or the Premises. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) daysIn addition, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking except as expressly provided otherwise in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the BuildingLease, Tenant will promptly commence curing keep the conditionPremises free of debris, that has given rise to such odors including and anything of a dangerous, noxious or toxic nature, which could create a fire hazard or undue vibration, heat, noise, fumes, vapors or odors. If any item of equipment, building material or other property brought into the installation of control devices Building or the implementation of procedures to eliminate such odors, and will complete such installations Premises by Tenant or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of on Tenant’s tenancy hereunder. request causes a dangerous, noxious or toxic effect (dincluding an environmental effect) Tenant shall and in Landlord’s reasonable opinion such effect will not cause any food, waste or other foreign substance be permanent but will only be temporary and is able to be thrown or drawn into the plumbing or waste lines. eliminated, then Tenant agrees will not be required to maintain the plumbing remove such item, provided that Tenant promptly and waste lines in good orderdiligently causes such effect to be eliminated, repair pays for all costs of elimination and condition and to repair any damage resulting indemnifies Landlord against all liabilities arising from any violation of this Articlesuch effect. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.

Appears in 1 contract

Sources: Lease Agreement (Encision Inc)

Use. 2.01 A. The Premises shall be used, to the extent permitted by applicable law, and only for the purpose of receiving, storing, manufacturing, shipping, and selling (other than retail) products, materials, and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall at its own cost and expense obtain and at all times maintain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances, and regulations applicable to the use of tile Premises and occupy shall promptly comply with all governmental orders and directives for the Demised Premises for executive correction, prevention, and general officesabatement of nuisances in, upon, or connected with the Premises, all at Tenant's sole expense. Provided that Tenant does not utilize any other portion of the Building for such purposeWithout Landlord's prior written consent, Tenant shall also not receive, store, or otherwise handle any product, material, or merchandise which is explosive or highly inflammable or any material which may be able corrosive or otherwise damaging to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one or any appurtenances thereto or any hazardous substance (1) floor (or part thereof) in the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposesas hereinafter defined). Tenant shall have will not, without Landlord's prior written approval, permit the right Premises to subsequently petition Landlord be used for permission to install a kitchen on multiple floors, in any purpose which would render the insurance thereon void or the insurance risk more hazardous or the premiums therefor more expensive. In the event any such use of the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises, or any part thereof, and if failure whether approved by Landlord or not, shall ever cause the insurance rates for policies carried by Landlord to secure such license or permit would in any way affect Landlordincrease, Tenant shall pay, as additional rent, the Land full amount by which such insurance rates increase as a result of Tenant's use, without regard to whether such policy covers areas other than the Premises so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Further, Tenant will not introduce into the Building Premises or use therein any equipment or fixtures which might be reasonably expected, to cause damage to the conduct Premises or unreasonable interference with the occupants of business thereon adjacent premises. Additionally, Tenant shall not store any products, materials, or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license merchandise outside the exterior walls or permit and submit interior demising walls of the same for inspection by Premises without Landlord's prior written consent. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlordindemnify, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify defend and hold Landlord and Landlord's officers, stockholders, employees, agents, invitees, and guests harmless Tenant from any liabilityall damages, damage or expense costs, losses, expenses (including, without limitationbut not limited to, reasonable attorneys' fees, engineering fees, and clean-up costs) arising therefrom and Fixed Rent and Additional Rent from or attributable to any breach by Tenant of its obligations in this Paragraph 4. Tenant's obligations hereunder shall ▇▇▇▇▇ until Tenant is no longer prevented from using survive the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate termination of this Lease on notice to Landlordlease. 2.04 In connection with any permissible cooking in B. For all purposes herein, the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall term "Environmental Laws" means (i) have the right but not Resources Conservation Recovery Act as amended by the obligation to use self-help Hazardous and ▇▇▇▇ Tenant for the cost thereof Solid Waste Amendments of 1984, as Additional Rent; now or hereafter amended, 42 U.S.C. Sections 6901 et seq., (ii) treat such failure the Comprehensive Environmental Response, Compensation and Liability Act as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into amended by the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.Superfund

Appears in 1 contract

Sources: Lease Agreement (Omniquip International Inc)

Use. 2.01 The Tenant shall use and occupy the Demised Premises for executive offices, warehousing and general offices. Provided that Tenant does not utilize any other portion distribution of the Building for such purposecosmetics, Tenant shall also be able to utilize the Demised Premises for a kitchen for the testing fragrances and preparation of recipes personal care items, and for photo shoots repackaging of cosmetics, fragrances and online marketing of such recipes personal care items only, and for no other purpose. It is intended that should If Tenant rent more than one (1) floor (desires to expand or part thereof) in change the Buildingaforementioned uses, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to not do so without first obtaining Landlord’s written consent. Landlord agrees not to unreasonably withhold its consent, if the use is for warehousing only of products which are consumer products, and are non-hazardous and are not toxic pollutants. In all other events, Landlord may, for no reason or for any reason, not consent to a change or expansion of use. It being a consideration of this Lease, that the use of the premises shall be in limited, to those uses as otherwise hereinbefore specified, and Tenant may not, use the sole and absolute discretion premises for manufacturing or the warehousing of Landlord. 2.02 If any governmental license product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not permit the stacking of merchandise or permit shall be required for materials against the proper and lawful conduct of walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant’s business in racking systems with such walls, nor the Demised Premises, hanging of equipment from (or any part thereof, and if failure to secure such license otherwise loading) the roof or permit would in any way affect Landlord, structural members of the Land or building without the Building or express written consent of the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 The Tenant shall not at any time use or occupy, or suffer occupy or permit anyone to use or occupy, the Demised PremisesPremises to be used or occupied, or any portion thereof, or nor do or permit anything to be done in or on the Demised PremisesProperty, in violation a manner which will in any way violate any Certificate of any zoning laws and/or resolutions or requirements of the Department of Buildings Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Land and/or Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the BuildingBuilding or any part thereto, andor which will constitute a public or private nuisance, in or which would adversely affect the event a certificate of occupancy is obtained for the Buildingthen value thereof, Tenant’s and shall not use of or occupy or permit the Demised Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority. Except for the products contemplated by the permitted uses in this Section 2.01, Tenant shall not not, during the term of this Lease store upon the premises, hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to Section 311 of the “Federal Water Pollution Act, amendments of 1972” (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of products contemplated by the permitted uses in this Section 2.01 shall during the term of this Lease be in violation compliance with all applicable laws and regulations, whether federal, state or local, and whether environmental or otherwise. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. In the event the Tenant cannot obtain the continued certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use uses of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate described in the first sentence of occupancy that it obtains for this Section 2.01, then in such event, Tenant shall have the Building shall permit the Demised Premises and the third floor right, prior to Tenant taking occupancy, to terminate this Lease; such right of the Building termination in all events to be used for office purposesexercised no later than ten (10) days from the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. IfTenant acknowledges and recognizes that Tenant will have to undertake ordinary and usual improvements required by the municipality, at any timesuch as, Tenant is prevented from lawfully using but not limited to, in rack sprinklers, exit areas marked on the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issuedfloor, Landlord shall indemnify and hold harmless Tenant from any liabilityexit signs, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposesetc. If Tenant is prevented from using required to undertake other improvements in order to obtain the Demised Premises or third floor premises for continued certificate of occupancy, such improvements specifically required by the municipality by reason of Tenant’s peculiar use, and if the collective cost thereof is more than ninety FIVE THOUSAND and NO/100 Dollars (90) days$5,000.00), Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) then Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of terminate this Lease, Landlord shall such right to be entitled to enjoin Tenant from any violation of said provisionsexercised, in all events, within the ten (10) day time period as heretofore provided, TIME BEING OF THE ESSENCE.

Appears in 1 contract

Sources: Lease Agreement (Inter Parfums Inc)