Common use of Use Clause in Contracts

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

Appears in 6 contracts

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

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

Appears in 4 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Use. 10.1. (a) Tenant shall use the Premises only for the purpose set forth in Section 2.12Permitted Uses, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2purpose. Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of Applicable Laws; zoning ordinances; which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any restrictions currently on record which will affect Tenant’s use of the Premises that is declared for the Permitted Uses), (ii) any law or claimed by ordinance or any Governmental Authority having jurisdiction to be a violation Certificate of any of Occupancy issued for the aboveBuilding or the Premises, or that in Landlord’s (iii) any reasonable opinion violates any Rules and Regulations issued by Landlord for the Building of the abovewhich Tenant has been given a copy. Tenant shall comply with any direction directive of any Governmental Authority having jurisdiction that shall, by reason of the nature of governmental authority with respect to Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use the Premises or allow the Premises them to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the Premises, or commit or allow any waste in or upon the Premises. (b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 5.1(e)), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises. (c) Tenant shall keep the Premises equipped with all safety appliances required by law because of any use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses. (d) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant’s business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or the Project. 10.10. Notwithstanding to any other provision herein to space in the contrary, Building. Tenant shall be responsible for the cost of all liabilitiesstructural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant. (e) Tenant shall not keep or use any article in the Premises, costs or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and expenses arising out improvements similar to the Building and Leasehold Improvements, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant’s activity, a schedule issued by the organization computing the insurance rate on the Building or in connection the Leasehold Improvements, showing the various components of the rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the compliance insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises with by Tenant or by anyone Tenant allows on the Americans with Disabilities ActPremises causes or threatens cancellation or reduction of any insurance carried by Landlord, 42 U.S.C. § 12101Tenant shall remedy the condition immediately upon notice thereof. Upon Tenant’s failure to do so, et seqLandlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. (together with regulations promulgated pursuant thereto, the “ADA”)Landlord shall not be liable for any damage or injury caused as a result of such an entry, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out not waive its rights to declare a default because of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefailure.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 2 contracts

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

Use. 10.1. 8.1 Tenant shall use the Premises for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purpose set forth operation and occupancy of a technology company headquarters in Section 2.12the South of Market District, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written consentapproval of plans therefore, which consent Landlord may withhold Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and absolute discretion. 10.2expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or other air-removal/circulation system, and any required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, upon . Upon five (5) days’ business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the aboveCertificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s reasonable opinion violates any notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the aboveCompliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s specific use or occupancy alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Site, the ProjectBuilding, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, and Tenant shall promptly, upon demand, promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 8. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Site, the Building, and/or the Premises that shall in any way which will unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the PremisesSite, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Project. 10.10Site, the Building and/or the Premises. Notwithstanding Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect Huntsman Architectural Group, with the partitions to be considered a part of the live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other provision herein space in the Building shall be so installed, maintained and used by Tenant as to the contrary, eliminate such vibration or noise. Tenant shall be responsible for all liabilitiesstructural engineering required to determine structural load. Tenant shall fasten all files, costs bookcases and expenses arising out like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. 8.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in connection amounts commensurate with the compliance Tenant’s permitted use and occupancy of the Premises with Premises, Tenant shall not use, introduce to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant theretoSite, the “ADA”)Building and/or the Premises, and generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below in this Paragraph 8.2) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall indemnifynot permit the Premises to be in violation of any laws regarding Hazardous Materials brought onto the Premises by Tenant, defend its employees, agents or contractors; provided however that nothing in this Lease shall be construed to impose responsibility on Tenant for the remediation of Hazardous Materials that (i) were present in, on or under the Building on the Lease Commencement Date, (ii) are introduced into the Premises by Landlord’ its employees, agents or contractors, or (iii) which may migrate to the Premises through the air, water or soil through no fault of Tenant, its employees, agents or contractors. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations, of which Tenant has notice. Landlord shall give immediate written notice to Tenant of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Landlord’s operations, of which Landlord has notice. (a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, managers, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any lossand all claims arising from Tenant’s use, costgeneration, liability manufacture, production, storage, release, discharge or expense disposal of Hazardous Materials on the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of this Paragraph 8. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation,’ (a) all actual damages; and (b) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including reasonable attorneys’ without limitation all costs of monitoring and all fees and disbursements) arising out expenses of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs consultants and expenses arising out of or in connection with the compliance experts retained by and of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAParties. The provisions of this Section 10.10 This indemnity shall survive the expiration or earlier termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party. Landlord shall indemnify and hold harmless Tenant, its directors, officers, members, employees, agents, successors and assigns (collectively “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from the use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises occurring prior to the Lease Commencement Date or during the Lease Term as a result of Landlord’s or Landlord Parties’ use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises. (b) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term “Hazardous Material” shall include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall be amended from time to time, petroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of petroleum or petroleum-related substances, asbestos, and any other materials requiring remediation now or in the future under federal, state or local statutes, ordinances, regulations or policies.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 1 contract

Sources: Lease (Infinity Oil & Gas Co)

Use. 10.1. Tenant shall use the Premises for the purpose set forth use specified in Section 2.12Subparagraph 1(k), and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2purpose. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; such Rules and Regulations as Landlord may from time to time reasonably adopt for the safety, care and cleanliness of the Premises or of any recorded covenants, conditions and restrictions (“CC&Rs”) affecting the certificate Premises or of occupancy any law or of the Certificate of Occupancy issued for the BuildingPremises including, without limitation, the Americans With Disabilities Act, ▇▇▇ ▇▇▇▇. ▇▇▇, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code § 12101, et. seq., as amended from time to time (the “ADA”), and shall, upon five (5) days’ days written notice from Landlord, discontinue any use of the Premises that which is in violation of any CC&Rs or is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or of said Certificate of Occupancy. Tenant shall make such repairs or alterations to the Premises as may be required to comply with the ADA during the Term, and as a condition to effective vacation of the abovePremises. Tenant shall not install any radio or television antenna, loudspeaker or that in Landlord’s reasonable opinion violates any other device on the roof or exterior walls of the abovePremises. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Premises and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and any applicable fire rating bureau or any other organization performing a similar function. Tenant shall promptly, promptly upon demand, demand reimburse Landlord as Additional Rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 8. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any improper, immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall not commit or suffer to be responsible committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for all liabilitiesthe Premises by Landlord’s architect, costs and expenses arising out of or in connection with the compliance partitions to be considered part of the Premises with live load. Landlord reserves the Americans with Disabilities Actright to prescribe the weight and position of all safes, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), files and heavy equipment which Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements desires to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or place in connection with the compliance of the existing structural portions and tenant improvements of the Premises so as of to distribute properly the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseweight thereof.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Galaxy Gaming, Inc.)

Use. 10.1. (a) Tenant shall acknowledges and agrees that (i) as of the Sixth Amendment Effective Date, Tenant has not yet determined its use the Premises for the purpose set forth in Section 2.12, and shall not use the First Floor Expansion Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5ii) days’ written notice from Landlord, discontinue any use of the First Floor Expansion Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet , which shall be inscribedgranted or withheld in Landlord’s reasonable discretion as provided below, painted or affixed and (iii) Tenant may not use the First Floor Expansion Premises prior to Landlord’s approval of an Approved Use and Tenant’s receipt of all Operations Permits for such Approved Use pursuant to the terms of this Sixth Amendment. Tenant by Landlord shall be solely responsible for obtaining any and all Operations Permits for Tenant’s use of the First Floor Expansion Premises. Tenant’s use of the First Floor Expansion Premises shall at all times be in full compliance (at Tenant’s sole cost cost) with all Laws and expense, and shall be of a size, color and type acceptable zoning restrictions applicable to Landlord. The directory tablet shall be provided exclusively for the display First Floor Expansion Premises. (b) Prior to any use of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. FurtherFirst Floor Expansion Premises, Tenant shall not place submit its proposed use in writing (“Approved Use Request”) to Landlord along with all pertinent information relating to the proposed use, all pertinent information relating to any equipment weighing five hundred (500) pounds modifications or greater within the Premises without Landlord’s prior written approvalAlterations contemplated by Tenant in connection with such proposed use, and all such equipment information as Landlord may reasonably request concerning the proposed use. Landlord will not unreasonably withhold its consent to Tenant’s proposed use set forth in Tenant’s Approved Use Request. However, Tenant acknowledges that it shall be placed in reasonable for Landlord to withhold its consent to a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall proposed use in any way obstruct or interfere with of the following instances: (1) the proposed use is not permitted by applicable Laws; (2) the proposed use would violate the rights in the lease of other tenants or occupants of another tenant in the Building or the Project, ; (3) the propose use is inconsistent with the nature of the Building as a first-class office/UMU/PDR building; (4) the proposed use is inconsistent or injure or unreasonably annoy them, or (b) use or allow in conflict with the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, general image of the Building or Project; or (5) the proposed use could unreasonably disturb, annoy, or have a material adverse impact on other tenants of the Building or Project. 10.10. Notwithstanding The foregoing criteria shall not exclude any other provision herein reasonable basis for Landlord to refuse its consent to such proposed use. In addition, as a condition to its approval of any proposed use, Landlord (in its reasonable discretion) may require modifications to the contraryLease, provided such modifications are related to Tenant’s proposed use. Tenant acknowledges and agrees that Landlord’s review and approval, if granted, of an Approved Use is solely for the benefit of Landlord and to protect the interests of Landlord in the Building and the First Floor Expansion Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises Approved Use with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAapplicable Laws. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date any contrary provision of this Lease, if Tenant claims that Landlord has unreasonably withheld its consent to a proposed use or otherwise has breached its obligations under the “path of travel” into and within Section 8(b), its sole remedy shall be to seek a declaratory judgment and/or injunctive relief without any monetary damages, and, with respect thereto, Tenant, to the Building (but extent not within prohibited by Law, hereby waives all other remedies against Landlord, including, without limitation, the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability right to seek monetary damages or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of terminate this Lease. (c) In the event Landlord approves of Tenant’s proposed use (upon such approval, “Approved Use”), Tenant shall, at is sole cost, promptly apply for any necessary permits and/or approvals required by applicable Law for the Approved Use and diligently pursue the same. Landlord, at no cost to itself, shall reasonably cooperate with Tenant in any such applications. Once an Approved Use has received all necessary permits and approvals required under applicable Law, it shall become part of the Permitted Use as it pertains to the First Floor Expansion Premises only.

Appears in 1 contract

Sources: Office Lease (Airbnb, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord may withhold in its sole acknowledges Tenant’s intent to handle and absolute discretionhouse research animals within the Building, subject to Applicable Laws. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.312.3. Tenant shall not knowingly do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. Landlord hereby confirms that the use of the Premises for the Permitted Use (as set forth in Section 2.7) shall not result in an additional premium. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentconsent provided, however, that (a) Tenant shall have the right to install a card key security or lock system for the Premises, including Common Area stairways, provided that such card key or lock system: (i) has been approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; (ii) does not limit Landlord’s access rights under this Lease to any areas other than those designated by Tenant as high security areas (“High Security Areas”) in the Premises; (iii) does not prohibit others from accessing Common Areas, but only prevents them from entering the Premises; and (iv) is installed and maintained at Tenant’s expense in accordance with all Applicable Laws, and (b) Tenant shall also have the right, at its election, to install its own locks and access systems (without giving keys or codes to Landlord) in the Premises in High Security Areas as Tenant designates, and restrict access to the High Security Areas (provided that Tenant (i) notifies Landlord in writing of such High Security Areas, (ii) is reasonable in its designation of such High Security Areas, (iii) gives Landlord escorted entry into the High Security Areas upon Landlord’s reasonable request (such request to be at least twenty-four (24) hours in advance, except in an emergency, in which case no notice shall be required) and (iv) maintains a reasonable system to allow immediate, unrestricted access and entry into such High Security Areas by Landlord and emergency personnel in the event of an emergency. Except for the High Security Areas, Tenant shall give Landlord keys and access codes for the entire Premises. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No Unless Landlord otherwise consents (such consent not to be unreasonably withheld, conditioned or delayed), no curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings as set forth in Exhibit B attached hereto, which shall be installed as of the Term Commencement Date. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. 10.712.7. No Except as otherwise set forth in this paragraph, no sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant , which shall not be unreasonably withheld, conditioned or delayed. Signage shall conform to Landlord’s design criteria and shall comply with Applicable Laws. Subject to the foregoing requirements, as of the Term Commencement Date the Building shall have the right to install a sign with its name at the Project distinguishing the Building as “The Omeros Building” and corporate logo as a part of the Tenant Improvements, Landlord shall (a) install Building-top Signage on the exterior northeast, southeast and east sides of the Building, as shown on Exhibit K attached hereto, (b) install exterior signage on the sizehelipad and monument sign, appearance as shown on Exhibit K, (c) remove the existing blade sign and characteristics artwork on the east side of which shall be subject to Landlord’s prior written consent. Interior signs on doors the Building and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord (d) at Tenant’s sole request, install mutually agreeable Building-top Signage on the west side of the Building (the “West Signage”), as shown on Exhibit K, so long as (i) Landlord (in its reasonable discretion) believes it has enough extra money in the Tenant Improvement budget to cover the cost of the West Signage or (ii) if Landlord does not believe it has extra money in the Tenant Improvement budget to cover such cost, Tenant agrees to pay the cost of the West Signage. Tenant shall, at Tenant’s own cost and expense, (y) acquire all permits for Signage (except for the Signage set forth on Exhibit K but not including the West Signage unless Landlord pays for such West Signage as set forth above) in compliance with Applicable Laws and (z) design, fabricate, install (except for the Signage set forth on Exhibit K but not including the West Signage unless Landlord pays for such West Signage as set forth above) and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of a sizeTenant’s Signage upon the expiration or earlier termination of the Lease. In addition, color Landlord, as part of the Tenant Improvements, shall provide Tenant with lobby and type acceptable to LandlordBuilding directory signage no later than the Term Commencement Date. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Notwithstanding anything to the contrary in this Lease, Landlord confirms that the exterior Signage and other Signage installed by Tenant pursuant to this Section may, in Tenant’s discretion but subject to Landlord’s reasonable approval, utilize Tenant’s name, business logo and design. 10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrary, but subject to Landlord’s representations, warranties and obligations under Article 5 and Landlord’s obligations under Exhibit B, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12. During the Term, Landlord shall provide two (2) on-site security guards seven (7) days a week, twenty-four (24) hours a day. In the event Tenant reasonably determines that an additional security guard(s) are necessary, Landlord and Tenant shall use reasonable efforts to mutually agree upon an acceptable solution; provided, however, that if Landlord hires additional security for the Building, such costs shall not be considered a Controllable Operating Expense for the purpose of Section 9.3. Landlord further agrees that, as of the Term Commencement Date, the Building and its exterior shall be (a) equipped with a reasonable number (as determined by Landlord) of fully functioning security cameras monitoring the enclosed parking garage, the loading docks, stairwells, elevator banks, all points of access to and from the Building, and any other areas mutually identified by Landlord and Tenant as requiring surveillance, and (b) monitored twenty-four (24) hours per day, seven (7) days per week by one of the on-site security guards, who shall be stationed at the front desk of the Building. The Tenant Improvements shall include Tenant’s Pro Rata Share of the cost of purchasing and installing such security system. Further, all security patrol and monitoring costs shall be included as Operating Expenses. 12.13. As of the Term Commencement Date, the Building shall have a vivarium space for use by Tenant and other tenants of the Building (the “Vivarium”), as depicted on Exhibit L attached hereto. Landlord agrees, at its sole cost, to construct certain Vivarium improvements and to install certain vivarium equipment in such space, as set forth on Exhibit B attached hereto. Tenant shall have the exclusive use of that portion of the Vivarium as shown on Exhibit L (“Tenant’s Vivarium Space”). Tenant shall be entitled to make improvements or alterations to Tenant’s Vivarium Space, pursuant to the terms of Article 17. In the event another tenant leases a portion of the Vivarium, (a) access and use of that certain portion of the vivarium shown on Exhibit L (the “Shared Vivarium Space”) and the vivarium equipment listed on Exhibit M (the “Shared Vivarium Equipment” and, together with the Shared Vivarium Space, the “Vivarium Common Area”) shall be shared between Tenant and such other tenants using the Vivarium and (b) Landlord (either directly or through one of its affiliates or its or its affiliates’ vendors) shall maintain and repair the Shared Vivarium Equipment and the Shared Vivarium Space. Prior to the date that another tenant leases a portion of the Vivarium, Tenant shall maintain and repair the Shared Vivarium Equipment and the Shared Vivarium Space. Landlord acknowledges, however, Tenant’s need to maintain the quality of husbandry services for itself and other potential users of the Vivarium in order to protect the health of Tenant’s research animals housed in Tenant’s Vivarium Space, the quality of the research performed by Tenant and for compliance with Applicable Laws, and agrees that the leases of other tenants of the Building using space in the Vivarium shall require such tenants to comply with Tenant’s standard operating procedures for husbandry services and the maintenance and operation of the Vivarium. Tenant shall provide copies of its then-current standard operating procedures to other tenants of the Building using space in the Vivarium in accordance with a commercially reasonable confidentiality agreement. Tenant may, at its option and if elected by another tenant sharing space in the Vivarium, provide husbandry or other Vivarium-related services to such other tenant(s), in which event Tenant shall be entitled to receive one hundred percent (100%) of any fees collected for such services. Landlord acknowledges that, due to the sensitive nature of the activities in Tenant’s Vivarium Space, any construction or other improvement work on or around the Vivarium by Landlord or other tenants must be done in a manner that does not disturb Tenant’s research animals or research activities in Tenant’s Vivarium Space or Tenant’s use of the Vivarium Common Area in connection with the care of Tenant’s research animals and Tenant’s performance of research activities. 12.14. Landlord shall, at its sole cost and expense, construct the Common Areas of the Building, described in Exhibit N. Tenant shall be entitled to the use of the Common Areas twenty-four (24) hours per day, seven (7) days per week (except during reasonable closures for repairs or maintenance pursuant to the terms of this Lease, or as the result of casualty or other circumstances beyond Landlord’s control) free of any per use fee, but the cost of using, repairing and maintaining such Common Areas shall be included in Operating Expenses. Landlord and Tenant shall work together to select a mutually acceptable café vendor to service the Building café, and Landlord will endeavor to accommodate reasonable café design requests. 12.15. Landlord agrees that the Common Areas (other than the helipad (provided that Landlord shall meet with the other party entitled to use of the helipad pursuant to the applicable reciprocal easement agreement to determine whether Landlord’s tenants may have exclusive use of the same)) shall be for the exclusive use of the tenants of the Building.

Appears in 1 contract

Sources: Lease (Omeros Corp)

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

Appears in 1 contract

Sources: Commercial Triple Net Lease (Extend Health Inc)

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

Appears in 1 contract

Sources: Lease (Sonus Pharmaceuticals Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Lion Bioscience Ag)

Use. 10.1(a) Use as Permitted Facility. Tenant During the Lease Term, each of the Properties shall use the Premises be used solely for the purpose set forth in Section 2.12, operation of a Permitted Facility. Except during periods when a Property is untenantable due to Casualty or Condemnation (and shall not use the Premises, or permit or suffer the Premises provided that Lessee continues to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to strictly comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress other terms and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination conditions of this Lease), return Lessee shall at all times during the Lease Term occupy the Properties and shall diligently operate its business on the Properties. (b) “Go Dark” Right. Notwithstanding any provision contained herein, Lessee shall not be in default under this Section 8.01 and a Property shall not be considered a “go dark” location unless and until Lessee fails to Landlord all keys continue to offices and restrooms either furnished operate its business at the Property for more than forty-five (45) consecutive days; provided, however, that within one hundred eighty (180) days following such forty-five (45) day period, Lessor may require Lessee to substitute such “go dark” property for a Released Property pursuant to Section 14.04 below or, if Lessee is unable to effect a substitution in accordance with Section 14.04, Lessor may permit Lessee to re-open such “go dark” Property or otherwise procured by Tenantexercise Lessee’s assignment and subletting rights as permitted under this Lease. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant Lessee shall have the right to install a sign cease operations for business (“go dark”) for up to two (2) Properties at any given time during the Lease Term; provided, however, that Lessee may not cease operations or otherwise “go dark” with its name and corporate logo respect to the Properties, if any, set forth on the exterior of the Building, the size, appearance and characteristics of which Schedule 8.01 attached hereto. Lessee shall be subject to Landlord’s prior provide Lessor with written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be notice of a size, color and type acceptable “go dark” Property at least ten (10) days prior to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAProperty going dark. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs the terms and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Lease and Lessee’s obligations hereunder (including without limitation, the payment of Base Monthly Rental and other Rental without reduction, the maintenance of insurance as required under Section 10.10 6.03, and Lessee’s maintenance obligations under Section 7.01) shall survive remain in full force and effect with respect to any Property that has gone dark. Notwithstanding the expiration foregoing, in no event shall Lessee go dark on a Property in any manner that would violate any Permitted Encumbrances in any material respect or earlier termination give a third party any right to acquire title to such Property as a result of this Leasea Property going dark.

Appears in 1 contract

Sources: Master Lease Agreement

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.10 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord which shall not be unreasonably withheld, which consent Landlord may withhold in its sole and absolute discretionconditioned or delayed. 10.2. Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state, and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ days written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any of the abovelaw, regulation, zoning ordinance, or that the certificate of occupancy, or which in Landlord’s the reasonable opinion violates any of the aboveLandlord threatens human life and safety. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof.; provided, however, that Tenant shall have the right, at Tenant's sole cost and expense, to contest any such ruling, order or direction of any governmental authority, so long as Tenant shall, at its sole expense, defend and protect itself, Landlord and the Demised Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Demised Premises. If Landlord shall require, Tenant shall furnish to Landlord a letter of credit or surety bond in a form reasonably satisfactory to Landlord and in an amount reasonably requested by Landlord, indemnifying Landlord against liability for Tenant's noncompliance, and, so long as such noncompliance by Tenant does not affect human 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and Tenant shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and Project. In the event Tenant's activities in the Building or Project increase the cost of any insurance policy covering the Building or the Project, and upon Landlord's demand, Tenant shall promptly, upon demand, promptly reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Sectionpolicy. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when not do or permit anything to be done in use for ingress and egressor about the Demised Premises which shall in any way obstruct or interfere with the rights of or injure other tenants or occupants of the Project. 10.5. Tenant shall not use or allow the Demised Premises to be used for immoral or unlawful purposes. 10.6. Tenant shall not knowingly cause, maintain, or permit any nuisance or waste in, on, or about the Demised Premises, the Building, or the Project. 10.7. [Intentionally omitted] 10.8. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord (or, alternatively, without furnishing to Landlord at least two master keys therefor). Tenant shallmust, upon termination of this Lease, return to Landlord all keys to offices and restrooms restrooms, either furnished to or otherwise procured by Tenant. In the event any such key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks lock(s) opened by such lost key if Landlord shall deem it necessary to make such change. Notwithstanding the foregoing, Tenant shall have the right to designate certain areas of the Building as "secure" areas, and, subject to the provisions of Section 30.3, to limit access thereto. 10.610.9. No Unless and until Tenant shall have received the express written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed (i) no awnings or other projections projection shall be attached to any outside wall of the Building. No building; (ii) no curtains, blinds, shades or screens shall be attached to or to, hung in, or used in connection with, with any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither ; (iii) neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentsunscreened, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No window sill▇; ▇▇d (iv) no equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentbalcony. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Digene Corp)

Use. 10.1The LESSEE shall use the Leased Premises only for office uses relating thereto and for no other purposes. Tenant The LESSEE shall only use the Premises for the purpose set forth in Section 2.12this Lease. The LESSEE, at its own expense, shall: a) Comply with all federal, state, county, and shall not municipal laws, ordinances, rules, and regulations related to the LESSEE’s specific business and the LESSEE’s specific use of the Premises, or permit or suffer ; b) Obtain Certificate of Occupancy from the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.local municipality 10.2. Tenant shall not use or occupy c) Use the Premises in violation a safe manner; d) Keep nothing which is hazardous, dangerous or explosive or which might unreasonably increase the risk of Applicable Lawsfire or other casualty at the Premises. e) Comply with all reasonable requirements of the Landlord’s property casualty insurance carrier; zoning ordinances; provided same does not require any structural or exterior repairs to the certificate of occupancy issued for Premises and/or the Building, . f) Allow landlord to provide fire extinguishers and shall, upon five (5“No Smoking” signs in accordance with reasonable instructions from the Landlord’s property casualty insurance carrier; g) days’ written notice from Use the Premises without causing an increase of the Landlord, discontinue ’s property casualty insurance rates or pay the amount of any increase caused by the LESSEE’s use of the Premises that as Additional Rent; (unless such increase is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any based on LESSEE’s use of the above, or that in Premises pursuant to the terms of this Lease). h) Use the Premises without causing a termination of the Landlord’s reasonable opinion violates property casualty insurance policy i) Use the Premises without causing any liens to affect the Premises; j) Maintain the Premises in a neat, clean, habitable condition, free of trash, vermin, and insects; k) Keep the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallwalkways, by reason of the nature of Tenant’s use or occupancy of driving aisles, parking areas, and landscaped areas, which surround and serve the Premises, impose any duty upon Tenant free of trash and free of goods. I) Keep all trash within tied bags within a covered dumpster or Landlord with respect to container; m) Keep no animals at the Premises; n) Use only equipment which does not damage the subfloors; o) Use the Premises without unreasonably disturbing the possession or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost quiet enjoyment of any fireother tenant; p) Keep all vehicles related to its business from parking on the street; q) Use the Premises in accordance with reasonable, environmentalnondiscriminatory regulations established from time to time by the Landlord, extended coverage or any other insurance policy covering the Building and the Project, and shall comply which will not interfere with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of TenantLESSEE’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described provided in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaselease.

Appears in 1 contract

Sources: Commercial Lease (MYnd Analytics, Inc.)

Use. 10.1The demised Premises shall be used only for the purpose of corporate office and warehouse, receiving, storing and testing of materials and merchandise made and/or distributed by Tenant for such other lawful purposes as may be incidental thereto. The storage of any materials or chemicals by Tenant will require the Tenant to utilize MSDA sheets in the handling, storage and utilization of /Tenant’s materials. Tenant shall will use the Premises for in a careful, safe and proper manner an will not commit waste, overload the purpose set forth in Section 2.12, and shall not use floor or structure of the Premises, Premises or permit or suffer subject the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of would damage the Premises. Outside storage, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fireincluding, environmentalwithout limitation, extended coverage or any trucks and other insurance policy covering the Building and the Projectvehicles, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof is prohibited without Landlord’s prior written consent. Tenant shallshall obtain, upon termination of this Leaseat its own cost and expense, return to Landlord any and all keys to offices licenses and restrooms either furnished to or otherwise procured by Tenantpermits necessary for any such use. In the event any key so furnished to Tenant is lost, Tenant shall pay comply with all governmental laws, ordinances and regulations applicable to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall use of the Building. No curtainsPremises, blindsand shall promptly comply with all governmental orders and directives for the correction, shades or screens shall be attached to or hung prevention and abatement of nuisances in, upon, or used in connection withwith the Premises, all at Tenant’s sole expense. Tenant shall not permit any window objectionable or door unpleasant odors, smoke, dust, gas noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building Section Two Page 6 Landlord Initials: /s/ ONB in which the Premises other than Landlord’s standard window coveringsare situated or unseasonably interfere with their use of their respective premises. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls receive, store or corridor doors other than Landlord’s standard lettering. 10.8otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall will not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any purpose or unlawful purposesin any manner (including, nor shall Tenant knowingly causewithout limitation, maintain or permit any nuisance or waste in, on or about method of storage) which would render the Premises, the Building insurance thereon void or the Project. 10.10insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements agrees to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs City of Spring Valley rules and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseregulations regarding flammable substances.

Appears in 1 contract

Sources: Lease Assignment & Assumption (Fulgent Genetics, Inc.)

Use. 10.1. Tenant shall use the Premises for general office use consistent with the purpose set forth character of a first class office building, during such business hours as are typical to a software company operating in Section 2.12a first class office building, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole except that the Expansion Premises shall be used for the purpose of training employees and absolute discretion. 10.2software training sessions directly related to Tenant’s business operations. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; law or of the certificate of occupancy issued for the BuildingBuilding or Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or of the above, or that in Landlord’s reasonable opinion violates any said certificate of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of Insurance Service Offices, formerly known as the Building and the Project, and Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyArticle. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or access to the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any improper, immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of Alameda County, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions of ▇▇▇▇ Center Pleasanton on October 5, 1993 as Instrument Number 93366552, as further amended by that certain Second Amendment to Declaration of Easement and Maintenance Agreement on July 31, 1997 as Instrument Number 97191415, as further amended by that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions on November 17, 2000 as Instrument Number 2000341937, as further amended by that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions on August 17, 2000 as Instrument Number 2000341939 (as amended, the Building "CC&Rs"). Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&Rs, as the same may be amended from time to time, and all Applicable Laws. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the Project. 10.10▇▇▇▇▇▇ Corporate Park Owner's Association in their sole discretion. Notwithstanding Tenant acknowledges that governmental entities with jurisdiction over the Premises may, from time to time promulgate laws, rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. Tenant's use of the Premises shall be subject to and Tenant shall comply with any other provision herein and all such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the contraryPremises, the Building, the Common Area or the Project ("Environmental Laws"). If Tenant does store, use or dispose of any "Hazardous Materials" (as hereinafter defined), Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the Premises. As used herein, "Hazardous Materials" means any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi solid, liquid or gaseous, which is or may be responsible for all liabilitieshazardous to human health or safety or to the environment due to its radioactivity, costs ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Actpetroleum products, 42 U.S.C. § 12101asbestos, et seq. radon, polychlorinated biphenyls (together with regulations promulgated pursuant thereto, the “ADA”PCBs), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense refrigerants (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements those substances defined in the Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencetime) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the Project’s parking lotsfuture listed, walkways and landscaping areas with the ADAdefined or regulated in any manner by any Environmental Law based upon, and Landlord shall indemnifydirectly or indirectly, defend and hold harmless Tenant from and against any loss, cost, liability such properties or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseeffects.

Appears in 1 contract

Sources: Office Lease (Rimini Street, Inc.)

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

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

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

Appears in 1 contract

Sources: Sublease

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

Appears in 1 contract

Sources: Expansion Lease (Senomyx Inc)

Use. 10.1. 7.1 Tenant shall use the Premises solely for the purpose set forth in Section 2.12, and general office use. Tenant shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consentconsent of Landlord which shall not be unreasonably withheld, which consent Landlord may withhold in its sole and absolute discretion. 10.2conditioned or delayed. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; law or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or of said Certificate of Occupancy. 7.2 Tenant acknowledges and agrees that the use to which Tenan▇ ▇▇ ▇ermitted to put the Premises, as set forth above, is a material provision of this Lease. Landlord reserves the right, in its reasonable discretion, to withhold its consent to any other use to which the Tenant or Tenan▇'▇ ▇▇oposed assignee or subtenant may wish to put the Premises. Landlord retains the right, in its reasonable discretion, to determine the type and proportion of business within the Building so that in Landlord’s reasonable opinion violates any it does not increase the burden on the Building's services. Any consent by Landlord to a change of the above. use by Tenant shall not be deemed a waiver of Landlord's right to withhold its consent to any subsequent proposed change of use. 7.3 Tenant, at its expense, shall comply with all certificates, rules, orders and regulations of public authority including Federal, State, County and Municipal authorities and with any direction of any Governmental Authority having jurisdiction that shallpublic officer or officers, by reason including all provisions of the nature of American Disabilities Act which relate to or concern the Premises or Tenant’s 's use or occupancy thereof. 7.4 Notwithstanding anything to the contrary in the Lease, during the term of the Lease (and any extensions), Landlord shall maintain the Building (excluding the Premises), Building systems, common areas, and structural elements of the Building but including the structural elements of the Premises, impose if any, in compliance with all laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, building codes, and the requirements of any duty upon Tenant applicable fire insurance underwriter or Landlord rating bureau, now in effect or which may hereafter come into effect, including, without limitations, the Americans with respect to the Premises or with respect to the use or occupation thereof. 10.3Disabilities Act and laws regulating hazardous material (collectively, "Laws"). Tenant shall not do or permit to be done anything that will invalidate or increase the The cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind compliance shall be placed upon any governed by the terms of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentArticle 5 (Operating Expenses). Tenant shall, upon termination of this Lease, return in respect to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door condition of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not comply with (a) do or permit anything to be done in or about all Laws relating the Premises that shall in any way obstruct or interfere with (excluding the rights structural elements of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs if any); and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.to

Appears in 1 contract

Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. No more than ten percent (10%) of the Rentable Area of the Premises may be used for a vivarium; provided, however, that only movable, disposable cages which are not affixed to the Premises shall be permitted in connection with any such vivarium use. Further, Tenant acknowledges and agrees that Landlord has made no representation or warranty about the suitability of the Premises for vivarium use, that the Building is a multi-tenant building (in which alterations and other construction may occur in areas adjacent, above and below the Premises), and that Tenant is responsible for the design of any vivarium in such a multi-tenant context. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) the Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease (Omega Therapeutics, Inc.)

Use. 10.18.1 Tenant shall, throughout the Term of this Lease (and any extension thereof exercised by Tenant in accordance with the terms and conditions of Section 2.5 hereof), operate the Premises as a restaurant and bar having a "Hard Rock Cafe" ("Trade Name") theme serving lunch and dinner with sit-down service, bar service and offering for retail sale "Hard Rock Cafe" ("Trade Name") branded merchandise and books and recorded music, compact discs and videotapes, and which may, at Tenant's sole discretion, include nightclub operations, live music and/or dancing. Tenant shall use be open for business in the Premises for from 11:00 a.m. to 10:00 p.m. Monday through Saturday and 11:00 a.m. to 9:00 p.m. on Sundays three hundred sixty-five (365) days per year, subject to Tenant's right to close at such earlier time as Tenant deems advisable in its reasonable business judgment, after obtaining the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without consent of Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionshall not be unreasonably withheld, conditioned or delayed. 10.2. 8.2 Tenant shall not use or occupy the Premises in violation permit any portion of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any use or unlawful purposespurpose other than those specifically granted in Section 8.1 of this Lease without the prior written consent of Landlord, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projectwhich consent may be withheld in Landlord's sole discretion. 10.10. 8.3 Notwithstanding any other provision anything herein to the contrary, contrary Tenant agrees not to conduct any business within the Premises which is listed on EXHIBIT "D". 8.4 Tenant shall make a diligent, good faith, reasonable effort to complete all components of the Work and be responsible open for business to the public by not later than the date which is one hundred eighty (180) days after the Possession Date, subject to Force Majeure, condemnation, casualty and Landlord Delays. In the event Tenant shall fail to complete all liabilitiescomponents of the Work and be open for business to the public by not later than the date which is two hundred ten (210) days after the Possession Date, costs subject to Force Majeure, condemnation, casualty and expenses arising out Landlord Delays ("Required Opening Date"), such failure shall constitute a default by Tenant under this Lease, without the necessity of notice of such default or the application of any cure periods. 8.5 Tenant shall have the co-tenancy rights as set forth in connection Section 33.1(d) and (f). 8.6 Tenant covenants and agrees, at all times during the Term and such other times as Tenant occupies the Premises or any part thereof, to comply, at its own cost and expense, with the compliance written, reasonable rules and regulations propounded by Landlord from time to time, and such changes and additions thereto made by Landlord, provided such rules and regulations (i) shall be uniformly and non-discriminatorily applicable to all other tenants in the Project and to Landlord in its operation of other businesses in the Project, and (ii) do not materially and adversely affect the use by Tenant of the Premises with and the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), operation of Tenant's business therein. 8.7 Tenant covenants and Tenant shall indemnify, defend and hold harmless Landlord from and against agrees that it will not use or cause to be used any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements part of the Premises as of for any unlawful conduct or purpose. 8.8 Tenant covenants and agrees that the date of this Lease"Hard Rock Cafe" branded merchandise sold in, at or from the “path of travel” into Premises shall not be sold in, at or from the Retail Store and within that the Building (but "Hard Rock Hotel" and "Hard Rock Casino" branded merchandise sold in, at or from the Retail Store shall not within be sold in, at or from the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Premier Finance Biloxi Corp)

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

Appears in 1 contract

Sources: Residential Lease

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

Appears in 1 contract

Sources: Full Service Lease (Trex Co Inc)

Use. 10.1. 10.1 Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.9 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without the prior written consent of Landlord which may be withheld in Landlord’s prior written consentsole discretion, (provided, however, that Landlord’s approval of a change in use shall not be unreasonably withheld, conditioned or delayed in the case of a change proposed in connection with an assignment or subletting of the Lease and/or the Demised Premises under circumstances where, pursuant to the terms of Section 25 below, Landlord’s consent to such assignment or subletting may not be unreasonably withheld, conditioned or delayed, or is not required). In no event shall Landlord be deemed to have acted unreasonably in the event that Landlord does not approve a change in use which would reduce the number of square feet of the Demised Premises maintained as laboratories (including vivarium rooms) below the level as of the Delivery Date unless Tenant as a condition to Landlord’s consent agrees, upon expiration or earlier termination of this Lease, either (i) to restore such laboratory space or (ii) to pay Landlord may withhold the amount Landlord reasonably estimates it will cost to cause such restoration and, in its sole and absolute discretioneither case, provides such security for such restoration obligation as Landlord shall reasonably require. 10.2. 10.2 Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the above, or that in Landlord’s reasonable opinion violates any said certificate of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. Provided noncompliance therewith shall not constitute a crime or an offense punishable by imprisonment of Landlord and provided non-compliance will not endanger the Demised Premises, Tenant may, at its sole cost and expense, contest the application or validity of any such law and such non-compliance shall not be deemed a breach of this Lease during such contest provided such contest shall be diligently prosecuted. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Project and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, upon demand, within thirty (30) days following written demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Gene Logic Inc)

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 12.7 No exterior sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Signage shall conform to Landlord’s design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition; provided that Tenant provided, however, that, subject to Applicable Laws, Landlord shall have install not later than the right to install a Term Commencement Date, at Landlord’s sole cost and expense, one sign with its name and corporate logo on the top level of the facade on the exterior of the BuildingBuilding displaying Tenant’s corporate logo (with the design, the size, appearance size and characteristics location of which such façade signage to be mutually agreed upon between Landlord and Tenant). Tenant shall be subject responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage in the event of the termination of this Lease prior to Landlordthe Term Expiration Date as a result of Tenant’s prior written consentexercise of the Termination Option or a Default. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. 12.8 Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant shall not may place anything on such equipment only in a location designed to carry the exterior weight of the corridor walls or corridor doors other than Landlord’s standard letteringsuch equipment. 10.8. 12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 12.11 Landlord shall deliver the Premises and the Tenant Improvements to Tenant on the Possession Date in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the Building or “ADA”) and Applicable Laws; provided, however, that if Landlord fails to so deliver the Project. 10.10Premises and the Tenant Improvements in compliance with the ADA and Applicable Laws, then Tenant’s sole and exclusive remedy shall be to deliver written notice to Landlord detailing the nature of such failure and, upon receipt of any such notice, Landlord shall (at its sole cost and expense) promptly make any modifications reasonably necessary correct such failure. Notwithstanding any other provision herein to Except as otherwise provided in the contraryimmediately preceding sentence of this Section 12.11, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Glycomimetics Inc)

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

Appears in 1 contract

Sources: Residential Rental Agreement

Use. 10.1Tenants shall not run any businesses or perform commercial or agricultural activities on the premises. Tenant Tenants shall use not host any parties or gathering at the Premises for (defined as 10 people or more) that disturb the purpose set forth in Section 2.12, peace and quiet of neighbors. Tenants shall not use have kegs of beer or illegal substances on the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2property. Tenant shall not use or occupy smoke any substance inside the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the abovepremises. Tenant shall comply with any direction refrain from excessive noise at all times. Consumption of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy alcohol is not permitted outside of the Premises, impose any duty upon Tenant . No signs or Landlord with respect notices are to be placed in windows or on the Premises or with respect to the use or occupation thereof. 10.3building grounds. Tenant is responsible for, shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Projectliable for, and shall comply with all rules, orders, regulations indemnify and requirements defend the Landlord and owners of the insurers Premise against any claim arising from Tenant’s own actions, as well as the actions of its invitees or guests while on the Premises. Any illegal activities such as providing a place for minors to consume alcohol shall be grounds for termination of the Building Lease. Tenants shall not allow any persons to be on the roofs of any structure on the premises or on the fire escapes. Fire escapes are for emergency use only. Tenants shall not have any items outdoors around the property other than items designed and sold as lawn or patio furniture. Tenants shall not store items in the Projectbasements or attics, and Tenant shall promptly, upon demand, reimburse Landlord or use these spaces for any additional premium charged reason. Tenant Initials: ____________________ Utilities & Services Provided by the Landlord. Utilities shall be paid by the parties as follows: Paid by Landlord Paid by Tenant DESCRIPTION Electricity ____ __ Up to $ for such policy the term of the lease. Heating Fuel ____ _____ Up to $ for the term of the lease Sewer / Water __X_ ______ Up to $ 500.00 for the term of the lease Hot Water ____ _____ ______________________________________ Plow & Mow __X_ __ ___ Tenant responsible for walkways, stairs, egress Cable/Internet ____ __X___ No Dish Satelites on the property. Tenants agree and are required to keep the temperature between 65 and 72 degrees and keep the windows closed between November 1st and April 1st. Landlord may enter the Premises immediately and without notice to close windows left open during this time. Tenants agree to keep items 8” away from heat sources – baseboard, air vents, etc. Tenant is liable for any damage caused by reason of Tenant’s failure to comply with maintain proper temperature and utility service to the provisions of this Section. 10.4Premises. Tenant shall keep all doors opening onto public corridors closedTenants may not change the shower heads as energy efficient ones have been installed. If paying electricity, except when in use for ingress Tenants must call Emera Maine Electric Company at ▇▇▇-▇▇▇-▇▇▇▇ and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively account set up for the display of move in date. Tenants must keep the name and location of tenants only. Tenant shall not place anything electricity turned on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringat all times during their lease. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Residential Lease

Use. 10.1. 10.1 Tenant shall may use the Premises for any of those purposes, and only those purposes, allowed by (i) City of San Jose ▇▇▇ing ordinances in effect from time to time and as applicable to the purpose set forth in Section 2.12Premises, (ii) any other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Real Property, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord. Landlord warrants that, as of the Term Commencement Date, Tenant's intended use of the Premises for manufacture, assembly, distribution and sales of Tenant's products, and for office and other activities related thereto, are permitted uses under applicable zoning ordinances, and, to the best of Landlord's knowledge, under other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises. Landlord represents and warrants that there are no covenants, conditions and restrictions on the Real Property which consent will interfere with Tenant's intended use of the Premises. Landlord may withhold in its sole and absolute discretionacknowledges that Tenant intends to install numerous antennas on the roof of the Building. 10.210.2 Tenant shall use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation, or the certificate of occupancy issued for the Building, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the above, or that in Landlord’s reasonable opinion violates any of the above. occupancy. 10.3 Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of , including any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary duty to make such change. 10.6. No awnings structural or other projections shall be attached to any outside wall of the Building. No curtainscapital improvements, blindsalterations, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.repairs

Appears in 1 contract

Sources: Sublease (Brocade Communications Systems Inc)

Use. 10.1. Tenant The Premises shall use the Premises be used solely for the purpose Permitted Use set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the basic lease provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination on page 1 of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere compliance with the rights of other tenants site development permit applicable to the Project and all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises hereafter applicable to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein and to the contraryuse and occupancy thereof, Tenant shall be responsible for all liabilitiesincluding, costs and expenses arising out of or in connection with the compliance of the Premises with without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, the “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to continue the use in question while the matter is being contested. Tenant shall indemnifynot permit any part of the Premises to be used as a “place of public accommodation”, defend as defined in the ADA or any similar legal requirement. Tenant will use the Premises in a careful, safe and hold harmless Landlord from proper manner and against will not commit or permit waste, overload the floor or structure of the Premises, conduct any lossauction, costliquidation, liability or expense (including reasonable attorneys’ fees and disbursements) arising going out of business sale on the Premises, or use the Premises for any failure unlawful purpose. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of such improvements to comply with the ADALandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing743522686.11 Net Laboratory 10102 ▇▇▇▇ ▇▇▇▇/Arrowhead - Page 9 Landlord, Landlord at its sole expense, shall be responsible responsible, subject to the terms of the Work Letter, (i) for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of Building Shell with Legal Requirements (including the Premises ADA) as of the date of this LeaseSubstantial Completion of Landlord’s Work, and (ii) for the “path compliance of travel” into the balance of Landlord’s Work with Legal Requirements (including the ADA) as of the date the applicable portion of Landlord’s Work is substantially completed. Following the date of Substantial Completion of Landlord’s Work, 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 within at Tenant’s expense (to the Building (but not within extent such Legal Requirement is triggered by reason of Tenant’s particular use of the Premises, except Tenant’s Work and/or Tenant’s Alterations) make any alterations or modifications to the exterior portions of the Project that are required by Legal Requirements. Except as specifically described provided in this sentence) and the Project’s parking lots2 immediately preceding sentences, walkways and landscaping areas Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, Tenant’s Work and/or Tenant’s Alterations. Tenant acknowledges that Landlord, at its sole expense, may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant, without expense to Tenant, agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith; provided, however, the Target Commencement Date, shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make not be extended in connection with such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasecertification.

Appears in 1 contract

Sources: Lease Agreement (Arrowhead Pharmaceuticals, Inc.)

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

Appears in 1 contract

Sources: Sublease Agreement (Eyetech Pharmaceuticals Inc)

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

Appears in 1 contract

Sources: Lease Agreement (Viacell Inc)

Use. 10.1. Tenant shall use and occupy the Premises for the purpose set forth in Section 2.12, GENERAL OFFICE ------------------------------------------------------------------------------ purposes and shall not use the Premises, or permit or suffer occupy the Premises to be used, for any other purpose without Landlord’s the prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2of Landlord. Tenant shall not use or occupy the Premises for sleeping or residence purposes or in violation of Applicable Laws; zoning ordinances; law or of the certificate of occupancy issued for the Premises or the Building, and shall, upon the shorter of (a) the period allowed by law, and (b) five (5) days’ written days notice from Landlord, discontinue any use of the Premises that which is declared or claimed by either any Governmental Authority governmental authority having jurisdiction or the Landlord to be a violation of law or of said certification of occupancy. Landlord makes no representation or warranty that the use permitted above will not violate any of the abovelaw, regulation, or that in Landlord’s reasonable opinion violates any order, such being the responsibility solely of the aboveTenant. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or nor permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers Pacific Fire Rating Bureau or any other organization performing a similar function. Without waiving any of the Building and the ProjectLandlord's rights hereunder, and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle 9. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: General Office Lease (Micron Electronics Inc)

Use. 10.1. The Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, Property for any purpose other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2than the Permitted Use. The Tenant shall not use the Property for any illegal purpose nor for any purpose or occupy in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue its other tenants or any use other owner or occupier of neighbouring property. The Tenant shall not overload any structural part of the Premises that is declared Property nor any machinery or claimed by equipment at the Property nor any Governmental Authority having jurisdiction to be a violation of any of Service Media at or serving the above, or that in Landlord’s reasonable opinion violates any of the aboveProperty. The Tenant shall comply with all laws relating to: the Property and the occupation and use of the Property by the Tenant; the use of all Service Media and machinery and equipment at or serving the Property; any direction works carried out at the Property; and all materials kept at or disposed from the Property. Without prejudice to any obligation on the Tenant to obtain any consent or approval under this lease, the Tenant shall carry out all works that are required under any law to be carried out at the Property whether by the owner or the occupier. Within five working days after receipt of any Governmental Authority having jurisdiction notice or other communication affecting the Property (and whether or not served pursuant to any law) the Tenant shall: send a copy of the relevant document to the Landlord; and take all steps necessary to comply with the notice or other communication and take any other action in connection with it as the Landlord may require. The Tenant shall not apply for any planning permission for the Property without the Landlord's consent not to be unreasonably withheld. The Tenant shall comply with its obligations under the CDM Regulations, including all requirements in relation to the provision and maintenance of a health and safety file. The Tenant shall maintain the health and safety file for the Property in accordance with the CDM Regulations and shall give it to the Landlord at the end of the term. The Tenant shall supply all information to the Landlord that shallthe Landlord reasonably requires from time to time to comply with the Landlord's obligations under the CDM Regulations. As soon as the Tenant becomes aware of any defect in the Property, it shall give the Landlord notice of it. The Tenant shall indemnify the Landlord against any liability under the Defective Premises ▇▇▇ ▇▇▇▇ in relation to the Property by reason of the nature of Tenant’s use or occupancy any failure of the Premises, impose Tenant to comply with any duty upon Tenant or Landlord with respect to of the Premises or with respect to the use or occupation thereof. 10.3tenant covenants in this lease. The Tenant shall not do or permit to be done anything that will invalidate or increase keep the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply Property equipped with all rulesfire prevention, orders, regulations detection and requirements of fighting machinery and equipment and fire alarms which are required under all relevant laws or required by the insurers of the Building Property or reasonably recommended by them or reasonably required by the Landlord and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closedthat machinery, except when in use equipment and alarms properly maintained and available for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlordinspection. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on grant any right or licence over the exterior Property to a third party. If a third party makes or attempts to make any encroachment over the Property or takes any action by which a right may be acquired over the Property, the Tenant shall: immediately give notice to the Landlord; and take all steps (including any proceedings) the Landlord reasonably requires to prevent or license the continuation of the corridor walls that encroachment or corridor doors other than Landlord’s standard lettering. 10.8action. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, The Tenant shall not place obstruct the flow of light or air to the Property nor obstruct any equipment weighing five hundred (500) pounds or greater within means of access to the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9Property. The Tenant shall not (a) do make any acknowledgement that the flow of light or permit anything air to be done in the Property or about that the Premises that shall in any way obstruct or interfere means of access to the Property is enjoyed with the rights consent of other tenants any third party. If any person takes or occupants threatens to take any action to obstruct the flow of light or air to the Property or obstruct the means of access to the Property, the Tenant shall: immediately notify the Landlord; and take all steps (including proceedings) the Landlord reasonably requires to prevent or secure the removal of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projectobstruction. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the purpose Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Section 2.12Exhibit C), and shall not other than compliance that is necessitated by the use the Premises, or permit or suffer of the Premises to for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. Landlord and Tenant agree that is declared the “call center” restriction set forth above shall not restrict Tenant from maintaining an IT “help desk” to provide technical services to its customers or claimed by any Governmental Authority having jurisdiction telemarketing services to be a violation of any its customers, provided that those portions of the abovePremises dedicated to such use shall not exceed 10,000 square feet, and at all times, the population density within that portion of the Premises dedicated to such call center does not exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that in Landlord’s reasonable opinion violates any of the aboveare objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with any direction of any Governmental Authority having jurisdiction that shall, by reason other tenants or Landlord in its management of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises so as to reasonably prevent sounds any activity, or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or injure any act or unreasonably annoy themomission by Tenant, or (b) use its agents, employees, representatives, or allow contractors, such statement or threat shall be conclusive evidence that the Premises increase in such rate is due to be used for immoral such act of Tenant or unlawful purposes, nor shall Tenant knowingly cause, maintain the contents or permit any nuisance or waste in, on equipment in or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryand, as a result thereof, Tenant shall be responsible liable for all liabilities, costs such increase and expenses arising out of or in connection shall be considered Additional Rent payable with the compliance next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into and within the Building (but not within the Premisesany dangerous, except as specifically described in this sentence) and the Project’s parking lotsnoxious, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 1 contract

Sources: Office Lease Agreement (Optio Software Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.. SMRH:418641349.9 18 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant , not to be unreasonably withheld, conditioned or delayed. Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. In the event that the Building becomes a multi-tenant building, Landlord shall install a directory tablet, at its sole cost and expense, exclusively for the display of the name and location of tenants of the Building and shall inscribe, paint or affix Tenant’s information on the directory tablet for Tenant, at Tenant’s sole cost and expense. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Subject to the provisions of this Section and conformance with all Applicable Laws, Tenant shall have the right to have (m) Building top Signage facing Genesee Avenue and/or Science Center Drive at Tenant’s election and (n) in the event there is any monument Signage for the Project with more than one slot, the top slot in such monument Signage, provided in each case, that, such Signage rights shall be contingent upon (y) the Premises being at least as large as on the Execution Date and (z) Tenant occupying the entire Premises. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. SMRH:418641349.9 19 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.1012.11. Notwithstanding any other provision herein to the contrarycontrary (except as otherwise provided in this Section), from and after the Term Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding Landlord, at its sole cost and expense without recovery as Operating Expenses, shall cause the foregoingCommon Areas to comply (as of the Term Commencement Date) with the ADA; provided, however, that the foregoing shall not be deemed to require Landlord to incur any costs to upgrade the Project to meet current requirements under Applicable Laws to the extent not otherwise required by Applicable Laws (i.e., if such requirements do not currently apply to the Project due to a grandfather clause or similar provision under Applicable Laws). In the event that the Building becomes a multi-tenant building, Landlord shall be responsible responsible, at its sole cost and expense (and not subject to recovery as Operating Expenses or otherwise), for all liabilities, costs and expenses arising out of or in connection with causing the compliance of the existing structural portions and tenant improvements of the Premises Common Areas to comply (as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencebecomes multi-tenanted) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against including related to any loss, cost, liability interior or expense exterior modifications to the Building. The Premises have not undergone inspection by a Certified Access Specialist (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAas defined in California Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Affymetrix Inc)

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

Appears in 1 contract

Sources: Lease (Ignyta, Inc.)

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

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Use. 10.1. 10.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute reasonable discretion. 10.2. 10.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. 10.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost (unless Tenant pays such increase) of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectProperty, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProperty, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 10.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent; provided, however, subject to Landlord’s consent as to the details thereof, which consent shall not be unreasonably withheld or delayed, Landlord Tenant shall be permitted to modify or add to the current security system and master key system for the Premises. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 10.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent which shall not be unreasonably withheld or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentconsent which shall not be unreasonably withheld or delayed. 10.7. 10.7 No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or exterior of the Building or on the Property without Landlord’s prior written consent; provided that . Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant signage that is both (a) approved in advance by Landlord at Tenant’s sole cost and expense(b) in compliance with Applicable Laws, and shall be including, without limitation, City of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringFremont codes. 10.8. 10.8 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, . 10.9 Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises Property to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProperty. 10.10. 10.10 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. Landlord shall be responsible for causing the Building core and shell and outdoor walkways to be delivered to Tenant in compliance with Applicable Laws, taking into account the core and shell condition of the Building. From and after such date, Tenant shall be responsible for causing the Building and outdoor walkways to comply with Applicable Laws. Notwithstanding anything to the contrary herein, if such work, if characterized as a repair or replacement, would be the obligation of Landlord to perform under Section 18.4 hereof, then Landlord shall perform such work and Tenant shall reimburse Landlord for such costs, amortized over the useful life of such improvements as Landlord shall reasonably determine, in equal monthly payments on the first day of each month for the remainder of the then-current Term. In all other cases, Tenant shall pay the costs of such compliance directly.

Appears in 1 contract

Sources: Lease (Zosano Pharma Corp)

Use. 10.1. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises for any or all of the purpose set forth in Section 2.12, and shall Permitted Uses. Tenant may not use the Premises, or permit or suffer the Premises to be used, for any purpose other purpose without than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2shall not be unreasonably withheld, qualified or delayed. Tenant shall not use or occupy conduct its operations and activities on the Premises in violation of material compliance with all Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingprovided, and shall, upon five (5i) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign contest the enforcement or attempted enforcement of any Applicable Law, in good faith and with its name and corporate logo on the exterior of the Buildingdue diligence, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. (ii) Tenant shall not place anything on be deemed to have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the exterior same and the period of the corridor walls or corridor doors other than time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s standard lettering. 10.8Work to comply with Applicable Laws. Tenant shall cause any office equipment or machinery its Alterations (if any) to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Buildingcomply with Applicable Laws. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any lossthird party claims and associated lawsuits, costgovernmental actions, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingobligations, Landlord shall be responsible for all liabilities, damages, costs and expenses arising out of (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Tenant’s failure to conduct its operations and activities at the Premises in compliance with Applicable Laws. Tenant shall have the right to discontinue its operations in the Premises, in whole or in connection with part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to require Tenant to use or occupy the compliance of the existing structural portions Premises, and tenant improvements Tenant’s vacation of the Premises as of or failure to use or occupy the date of this Lease, the “path of travel” into and within the Building (but Premises shall not within constitute a default hereunder. Notwithstanding Tenant’s election to discontinue its operations at the Premises, except as specifically described Tenant shall not cancel electric or water service to the Premises, Tenant shall keep the parking lights operational in this sentence) and accordance with its prior practices at the Project’s parking lots, walkways and landscaping areas with the ADAPremises, and Landlord Tenant shall indemnifycause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of until the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLease or Tenant’s right to possession of the Premises.

Appears in 1 contract

Sources: Lease Agreement (American Outdoor Brands Corp)

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Permitted Use and shall comply with all rulesLaws relating to the use, orderscondition, regulations access to, and requirements occupancy of the insurers Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 300 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4a temporary nature. Tenant shall keep 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 generally conducting business from the Premises after normal business hours. 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 doors opening onto public corridors closedrules, except when regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for ingress and egress. 10.5. No additional locks other than the Permitted Use or bolts as a result of any kind alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be placed upon borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other than de minimis quantities found in typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws and in a reasonable and prudent manner). Except as provided below, the following uses are expressly prohibited in the Premises: schools, governmental offices or agencies; personnel agencies; collection agencies; credit unions; data processing, telemarketing, reservation centers or other "call centers"; medical treatment and health care; radio, television or other communications broadcasting; restaurants and other retail; and customer service offices of a public utility company. Notwithstanding the preceding sentence, the following ancillary uses are permitted in the Premises only so long as they do not, in the aggregate, occupy more than 10% of the doors rentable square feet in the Premises or windows any single floor (whichever is less): (1) the following services provided by Tenant exclusively to its employees: schools, training and other educational services; and (2)the following services directly and exclusively supporting Tenant's business: telemarketing; reservations; storage; data processing; debt collection; and similar support services. If, nor shall any changes be made to existing locks because of a Tenant Party's acts or omissions or because Tenant vacates the mechanisms thereof without Landlord’s prior written consent. Tenant shallPremises, upon termination the rate of this Lease, return to Landlord all keys to offices and restrooms either furnished to insurance on the Building or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostits contents increases, Tenant shall pay to Landlord the cost amount of replacing the same such increase on demand, and acceptance of such payment shall not waive any of Landlord's other rights. If Tenant fails to cease or of changing the lock remediate such acts within five days after Landlord's request that Tenant do so, then such acts or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections omissions shall be attached to any outside wall an Event of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyDefault. Tenant shall not place anything on the exterior of the corridor walls or corridor doors conduct its business and control each other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises Party so as not to reasonably prevent sounds create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Red Mountain Resources, Inc.)

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

Appears in 1 contract

Sources: Lease (PMV Pharmaceuticals, Inc.)

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Nothing in this Section is intended to prohibit Tenant from using the Premises to construct the Tenant Improvements. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject of which Tenant is aware or given prior written notice, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 12.5 No additional locks locks, bolts or bolts alarm or access control/monitoring systems of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord acknowledges that Tenant intends to install certain security access controls in the Premises as part of the Tenant Improvements and Landlord shall review such controls as part of the Tenant Improvements in accordance with the provisions of the Work Letter. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings without Landlord’s prior written consent, such consent not to be withheld, conditioned or delayed as long as such proposed window coverings present an external appearance reasonably uniform with Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. 10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that . Subject to the provisions of this Section, Tenant shall have the right to install a sign with its name Building Standard monument, lobby, directory and corporate logo on the exterior of the Building, the size, appearance and characteristics of which suite Signage. Signage shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Subject to Landlord’s approval (which shall not be unreasonably withheld, conditioned or delayed) and consistent with Landlord’s standard building signage program, Tenant may place its logo on the door leading into the Premises. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8 Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s then-current structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall be solely responsible for the cost of any structural upgrades needed to the Building as a result of Tenant’s high density storage equipment, or use thereof, (which structural upgrades shall be made in accordance with the provisions of this Lease and the Work Letter). Any such high density storage equipment, or use thereof, shall in no way compromise the structural integrity of the Building (including the roof of the Building). 12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space other than in a de minimis manner or adversely impact their ability to conduct business in a professional and suitable work environment other than in a de minimis manner. 10.10. 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within causing the Building (but not within the Premises, except as specifically described in this sentence) Common Area and the Project’s parking lots, walkways and landscaping areas facilities to comply with the ADA, and Landlord shall indemnify, save, defend (at Tenant’s option) and hold Tenant and its affiliates, employees, agents and contractors harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims incurred arising out of any failure of Landlord to make such aspects of the Project comply with the ADAfailure. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Depomed Inc)

Use. 10.1. a. Tenant shall covenants with the Landlord not to use the Premises for any purpose other than general office use for the purpose set forth in Section 2.12, and shall not use conduct of the Premises, or permit or suffer the Premises to be used, for any other purpose without LandlordTenant’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2business. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used (i) for immoral any other purpose without the prior written consent of the Landlord; or unlawful purposes(ii) in any manner or for any purpose which violates any applicable Legal Requirements (hereinafter defined). Except as otherwise set forth immediately below or in Section 9.f, nor below, Tenant, at Tenant’s expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant knowingly causewith respect to the condition, maintain maintenance, use, occupation, operation or permit any nuisance or waste in, on or about alteration of the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryconduct of Tenant’s business therein, Tenant shall be responsible for all liabilitiesincluding, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant theretowithout limitation, the “ADA”)ADA and all applicable zoning, recycling and environmental laws and regulations. Tenant shall indemnify, defend hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any loss, cost, damage, claim, liability or and expense (including reasonable attorneys’ fees and disbursementsfees) arising out of any claims or suits brought by third parties (including governmental authorities) against Landlord, its agents, officers, directors and employees alleging or relating to the failure of such improvements the Premises to comply with the ADAterms of the ADA or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Notwithstanding the foregoing, Landlord the indemnity set forth in the immediately preceding sentence shall be responsible for all liabilities, costs and expenses not apply to claims or suits arising out of or in connection the failure by the Sole Occupant Bathrooms (hereinafter defined) to comply with the compliance terms of the existing structural ADA. As used herein, the term “Sole Occupant Bathrooms” means the bathrooms located in those portions and tenant improvements of the Premises as which are located on floors of the date Building on which Tenant occupies one hundred percent (100%) of this Leasethe rentable square footage of space on such floor. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, the “path nuisance or unreasonable disturbances to other tenants of travel” into and within the Building (but or for any disorderly, unlawful or hazardous purpose and will not within the Premisesstore or maintain therein any hazardous, except toxic or highly combustible items other than usual and customary office supplies intended for Tenant’s use and in such event, only in such amounts as specifically described in this sentence) and the Projectpermitted by applicable law. Tenant covenants not to change Tenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects use of the Project comply with Premises without the ADA. The provisions prior written approval of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLandlord.

Appears in 1 contract

Sources: Deed of Lease (K12 Inc)

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

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

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

Appears in 1 contract

Sources: Lease (CardioVascular BioTherapeutics, Inc.)

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

Appears in 1 contract

Sources: Residential Rental Agreement

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings (that Landlord is providing as part of Landlord’s Work). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord, and shall be consistent with the interior signs permitted for comparable tenants in the Building, as Landlord reasonably determines. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. If, at any time during the Term, Tenant leases either (y) more than fifty percent (50%) of the Building or (z) the entire second (2nd) floor, then Tenant, at its sole cost and expense, shall have the right, but not the obligation, to install exterior Signage on the Building subject to this Section 12.7. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.8. 12.8 Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.10. 12.11 Notwithstanding any other provision herein to the contrary, (a) with respect to the Phase 1 Premises, from and after the Phase 1 Commencement Date, and (b) with respect to the Phase 2 Premises, from and after the Phase 2 Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitiesand without limiting Tenant’s responsibilities under this Section, costs and expenses arising out at the time of or in connection with the compliance Landlord’s delivery of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, all base building systems, including HVAC, electrical, life safety and plumbing, shall be in good working condition and suitable for laboratory uses, the Building common areas will be compliant with the ADA and the Premises’ demising walls will be in compliance with the local municipal building code. This Section (as well as any other provisions of this Lease dealing with indemnification of the Landlord Indemnitees by Tenant shall be deemed to be modified in each case by the insertion in the appropriate place of the following: “except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Epizyme, Inc.)

Use. 10.1. (a) Tenant shall use be entitled to use, improve and operate the Premises for the purpose set forth in Section 2.12Property as a resort hotel and casino complex, or complexes, and shall may in connection with such complex or complexes use, improve and operate the Property for related amenities including, but not use limited to, a truck stop on the PremisesWhiskey Pete’s Parcel, a gasoline station or permit or suffer stations on the Premises Property, a recreational vehicle park, retail businesses, amusement park, restaurants and an employee housing facility to be used, for located on the R.V. Park Parcel. While Tenant is not required to make or continue any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any particular use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to Property, Tenant shall at all times be a violation of any deemed in actual possession of the aboveProperty, or that in Landlord’s reasonable opinion violates any pay all rent and other charges required of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect pursuant to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return secure and protect the Property, maintain and repair in a good and working condition all improvements to Landlord the Property, including, without limitation, all keys to offices water and restrooms either furnished sewer rights, permits, applications and facilities at a level equal to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostgreater than that required in connection with Landlord’s Reversionary Water and Sewer Rights, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtainsall landscaping, blindstogether with all equipment, shades or screens shall be attached to or hung inmachinery, systems and utilities comprising a part of, or used in connection with, any window or door such improvements and the Property and otherwise satisfy fully all of the Premises other than LandlordTenant’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentobligations pursuant to this Lease. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; (b) As provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not subparagraph (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contraryimmediately above, Tenant shall be responsible for all liabilitiespermitted to construct and operate an employee housing facility on the R.V. Park Parcel (“Employee Housing Facility.”) Landlord and Tenant agree that residency within the Employee Housing Facility shall be adults only, costs subject to subparagraph (c) of this Subsection 5.1, and expenses arising out shall only be occupied by Tenant’s employees, employees of or in connection with the compliance Tenant’s, affiliates, subsidiaries, parents, sub¬ tenants, employees of tenants of the Premises adjacent Fashion Outlet Mall of Las Vegas, independent contractors under contract with the Americans with Disabilities ActTenant, 42 U.S.C. § 12101and independent contractors who provide services to any parcels of land owned or leased by Tenant, et seq. (together with regulations promulgated pursuant theretoits affiliates, subsidiaries and related entities, within a fifteen mile radius of the “ADA”)Property” as defined in the Lease. All efforts to restrict residency as described within this subparagraph shall be in accordance with all Federal, State and local laws, regulations, ordinances and codes. (c) Landlord and Tenant agree that Tenant shall, in good faith, use commercially reasonable efforts to prevent children from residing in the Employee Housing Facility, Tenant shall indemnifyenter into a written rental agreement (“Housing Agreement”) with each person residing, defend and hold harmless Landlord from and against any lossoccupying or using the Employee Housing Facility (“EHF tenant”) stating that no minors are allowed to occupy the premises. Provided, costhowever, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding not withstanding the foregoing, Landlord Tenant shall be responsible for all liabilities, costs and expenses arising out relieved from such obligation to exclude children from the Employee Housing Facility upon occurrence of or in connection with the compliance either of the existing structural portions and tenant improvements of the Premises following events: (1) A Federal, State or local law, regulation, ordinance or code requires that Tenant permit children as of the date of this Lease, the “path of travel” into and residents within the Building Employee Housing Facility. (but 2) Tenant makes a good faith determination, after seeking the advice of its attorneys, that there is a probability that the exclusion of children from the Employee Housing Facility would constitute a violation of applicable Federal, State or local law, regulation, ordinance or code. In the event that Landlord disagrees with Tenant’s determination, Landlord may require that Tenant continue to exclude children from the Employee Housing Facility if it provides Tenant with a legal opinion rendered to Tenant by legal counsel mutually agreeable to Landlord and Tenant stating unequivocally that Tenant’s continued exclusion of children will not within the Premisesviolate any applicable Federal, except as specifically described in this sentenceState, or local law, regulation, ordinance or code. (d) Tenant agrees that it shall not directly or indirectly, or through its subsidiaries, affiliates, tenants or other related or subservient persons and the Projectentities, object to or oppose or cause any other person or entity to object to or oppose Landlord’s parking lotsor its affiliates’, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability subsidiaries’ or expense (including reasonable attorneysrelated entitiesfees and disbursements) arising out existing or proposed future use or uses of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.any

Appears in 1 contract

Sources: Ground Lease Agreement (Herbst Gaming, LLC)

Use. 10.1. Tenant shall use the Premises only for the purpose set forth permitted use (as defined in Section 2.12, and shall paragraph 1(g)). Tenant will not occupy or use the Premises, or permit or suffer any portion of the Premises to be used, occupied or used for any business or purpose other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not than the permitted use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that or purpose which is declared unlawful in part or claimed by any Governmental Authority having jurisdiction in whole or deemed to be a violation disreputable in any manner or extra hazardous on account of any of the abovefire, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or nor permit anything to be done anything that which will invalidate or in any way increase the cost rate of fire insurance on the building or contents. If Tenants occupancy causes any fire, environmental, extended coverage or any other increase in the rate of insurance policy covering on the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Premises Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure agrees to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost amount of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make increase on demand and such change. 10.6. No awnings or other projections increase shall be attached 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 outside wall of the Building. No curtainsnuisance, blinds, shades or screens shall be attached to or hung in, or used in connection nor interfere with, any window annoy or door of disturb other tenants or the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part Landlord in management of the Premises or the Building without Landlord’s prior written consent; provided that Project, Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in will maintain the Premises so as in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds use, condition or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtheroccupancy of Premises, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within not, without the Premises without Landlord’s prior express written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants consent of the Building Landlord do any of the following: (i) install or the Projectremove: partitions, electrical system components, or injure any part of the ceiling system (except for replacing damaged ceiling tiles), (ii) alter the plumbing fixtures, (iii) install or unreasonably annoy themmodify HVAC components (except for any required repairs), (iv) paint, install lighting or decoration, or (b) use install any signs, window or allow the Premises to be used for immoral door lettering or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit advertising media of any nuisance or waste in, type on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein Access to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance roof of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqis strictly limited to maintenance and repair activity by Landlord or qualified repair contractors approved in advance by Landlord. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees its employees, vendors, subcontractors, agent and disbursementsinvitees) arising out shall make no penetrations of the roof, party walls or exterior walls for any failure of such improvements reason without Landlord's advance written consent. All alterations to comply with the ADA. Notwithstanding the foregoing, Premises that are approved by Landlord shall be responsible for all liabilities, costs maintained in good repair and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseoperating condition.

Appears in 1 contract

Sources: Lease Agreement (Ramp Corp)

Use. 10.1The Leased Premises shall be used and occupied by Tenant (and any of its permitted subtenants and assignees) solely for the engineering, design, storage, warehouse, manufacturing, assembly, distribution and sale of medical devices produced by Tenant or its affiliates and for all related and associated purposes. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Leased Premises to be used, for any other purpose uses without Landlord’s prior written consent, which consent Landlord may withhold be withheld in its Landlord’s sole and absolute discretion. 10.2. Notwithstanding anything contained in this Lease Agreement to the contrary, but subject to Landlord’s representations and warranties set forth in Section 9.C., Tenant shall will not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildinguse, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the aboveoccupy, or that in Landlord’s reasonable opinion violates any of permit the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the PremisesLeased Premises for any purpose which is, impose any duty upon Tenant directly or Landlord with respect indirectly, forbidden by federal, state or local laws, rules, statutes, regulations, court order or decision, governmental directives, restrictive covenants, ordinances, or governmental or municipal regulations or orders (“Laws”) or which may be dangerous to the Premises life, limb or with respect to the use or occupation thereof. 10.3. Tenant shall not do property, or permit to be done anything that will invalidate or increase the cost maintenance of any fire, environmental, extended coverage public or any other insurance policy covering private nuisance. SEC. 4 SECURITY DEPOSIT: $38,333.33 payable on the Building and Effective Date. Upon the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts occurrence of any kind shall be placed upon any Event of the doors or windows Default (as hereinafter defined) by Tenant, nor shall Landlord may, from time to time, without prejudice to any changes be made to existing locks or other remedy, use the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return security deposit paid to Landlord all keys by Tenant as herein provided to offices the extent necessary to make good any arrears of Rent (as hereinafter defined) and restrooms either furnished any other damage, injury, expense or liability caused to or otherwise procured Landlord by Tenantsuch Event of Default. In Following any such application of the event any key so furnished to Tenant is lostsecurity deposit, Tenant shall pay to Landlord on demand the cost amount so applied in order to restore the security deposit to the amount thereof existing prior to such application. Any remaining balance of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections security deposit shall be attached returned by Landlord to any outside wall Tenant within sixty (60) days after the termination of the Building. No curtainsthis Lease Agreement and after Tenant provides written notice to Landlord of Tenant’s forwarding address; provided, blindshowever, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant Landlord shall have the right to install a sign with its name retain and corporate logo on expend such remaining balance (a) to reimburse Landlord for any and all rentals or other sums due hereunder that have not been paid in full by Tenant and/or (b) for cleaning and repairing the exterior Leased Premises if Tenant shall fail to deliver same at the termination of this Lease Agreement in the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlycondition required under this Lease Agreement. Tenant shall not place anything be entitled to any interest on the exterior security deposit. Such security deposit shall not be considered an advance payment of the corridor walls rental or corridor doors other than a measure of Landlord’s standard lettering. 10.8damages in case of an Event of Default by Tenant. Tenant shall cause any office equipment or machinery to be installed If Landlord assigns its interest in the Leased Premises during the Term hereof, Landlord may assign the security deposit to the assignee, and so long as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without such assignee assumes all of Landlord’s prior written approval, and such equipment obligations under this Lease Agreement with respect to the security deposit thereafter Landlord shall be placed in a location designed to carry have no further liability for the weight return of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)security deposit, and Tenant shall indemnify, defend and hold harmless agrees to look solely to the new Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure for the return of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAsecurity deposit. The provisions of this Section 10.10 the preceding sentence shall survive apply to every transfer or assignment made of the expiration security deposit to a new Landlord. Tenant agrees that it will not assign or earlier termination encumber, or attempt to assign or encumber, the monies deposited hereunder as security, and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. Regardless of any assignment of this Lease.Lease Agreement by Tenant, Landlord may return the security deposit to the original Tenant, in the absence of evidence satisfactory to Landlord of an assignment of the right to receive such security deposit or any part of the balance thereof. SEC. 5

Appears in 1 contract

Sources: Build to Suit Lease Agreement

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

Appears in 1 contract

Sources: Hoist Space Lease

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall, subject to Landlord's reasonable security requirements, Force Majeure, casualty and de minimus interruptions, have access to the Premises twenty-four (24) hours per day, seven (7) days per week. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s 's reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnifY, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a "Lender" and, collectively with Landlord and its affiliates, employees, agents and contractors, the "Landlord Indemnitees") harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys' fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, "Claims") of any kind or nature that arise before, during or after the Term as a result of Tenant's breach of this Section. 10.312.3. Tenant shall not do or permit pennit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5▇▇.▇. No ▇▇ additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s 's prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that Tenant may, at Tenant's cost and expense, install its own integrated security system in the Premises (the "Tenant Security System"); provided, however, that Tenant shall obtain Landlord's prior written consent to such Tenant Security System and shall coordinate the installation and operation of any the Tenant Security System with Landlord to assure that the Tenant Security System (a) can accommodate multiple tenants within the Building and (b) integrates and does not interfere with (i) any Landlord security system in place as of the Term Commencement Date, for which Landlord makes no warranties about the functionality or integration of any such Landlord security system, and (ii) the Building's systems and equipment. Tenant shall be solely responsible, at Tenant's sole cost and expense, for monitoring and operating Tenant's Security System. Tenant may configure the Tenant Security System to control access to a full floor leased by Tenant such that Tenant has exclusive (as between Tenant and other occupants of the Building) access to such full floor; provided that Landlord will at all times (subject to the terms and conditions of this Lease) be permitted access to the Premises and will be provided with a card key or other method required to achieve such access. 10.6▇▇.▇. No ▇▇ awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s 's prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. Notwithstanding anything herein to the contrary, the solar installations (i.e., tint or film) existing on the windows as of the Execution Date will be permitted to remain in place during the Term, and Landlord will not umeasonably withhold its consent to Tenant's installation, at Tenant's sole cost, of additional substantially similar solar installations as determined to be desirable by Tenant to insulate the North- and South-facing windows of the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s 's prior written consent. 10.712.7. No Except as set forth in Section 12.7(a), no sign, advertisement or notice ("Signage") shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s 's prior written consent. Signage shall conform to Landlord's design criteria. For any Signage, Tenant shall, at Tenant's own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant's Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering. Tenant shall have the right to Building standard lobby, suite identification signage and elevator lobby signage on any floor fully occupied by Tenant. 10.8(a) Subject to the terms, conditions and provisions of this Section 12.7(a), Tenant shall be entitled to maintain, at its sole cost and expense, its one (1) existing exterior Building Sign and its listing on the shared monument sign existing as of the Execution Date (collectively, the "Existing Signage"). In the event Tenant wishes to change the Existing Signage at any time, the graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the replacement Signage (collectively, the "Signage Specifications") shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. In addition, the Signage and all Signage Specifications therefor shall be subject to Tenant's receipt of all required permits and approvals from Governmental Authorities, and shall be subject to any CC&Rs (as defined below). In the event Tenant does not receive the necessary permits and approvals for the Signage, Tenant's and Landlord's rights and obligations under the remaining provisions of this Lease shall not be affected. The cost of installation of all of Tenant's Signage, as well as all costs of design and construction of such Signage and all other costs associated with such Signage, including permits, maintenance and repair, shall be the sole responsibility of Tenant. Should the Signage require maintenance or repairs, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant's sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the period described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant, as Additional Rent, for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause all Signage installed by or on behalf of Tenant to be removed from the Building's exterior and shall cause the Building to be restored to the condition existing prior to the placement of such Signage. If Tenant fails to restore the Building as provided in the immediately preceding sentence on or before the expiration or earlier termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant's receipt of invoice therefor. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Should the name of the original Tenant change, then the Existing Signage may be modified at Tenant's sole cost and expense to reflect the new name, but only if the new name does not (i) relate to an entity that is of a character or reputation, or is associated with a political orientation or a faction that is inconsistent with the quality of the Building or would otherwise reasonably offend an institutional landlord of a project comparable to the Building, taking into consideration the level and visibility of such Existing Signage, or (ii) cause Landlord to be in default under any lease or license with another tenant of the Project. 12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building's structural design unless Tenant obtains Landlord's prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord's reasonable determination in any manner adversely affect other tenants' quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord's prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the "ADA"), and Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). For the foregoingavoidance of doubt, Landlord "Lenders" shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. Landlord will be responsible (at Landlord's expense and not as an Operating Expense) for causing the Common Areas to comply with the ADA in effect and applicable to the Common Areas as of the Execution Date. Any cost incurred by Landlord to cause the Common Areas to continue to comply with the ADA, including due to changes to the Common Areas or the ADA after the Execution Date, may be included in Operating Expenses to the extent permitted by A rticle 9 above.

Appears in 1 contract

Sources: Lease Agreement (Natera, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demandwithin thirty (30) days after written demand (accompanied by reasonable supporting documentation thereof), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall reasonably deem it necessary to make such change. Landlord shall provide Tenant with forty (40) access cards to the Building at no additional cost. 10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.712.7. Subject to compliance with all Applicable Laws, Tenant shall have the right to install and maintain, at Tenant’s sole cost and expense, one (1) exterior sign on the exterior of the Building identifying Tenant (“Exterior Signage”). The size, color, type and location of Exterior Signage shall be subject to Landlord’s reasonable approval. No sign, advertisement or notice (including the Exterior Signage, “Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises Premises, which Signage is visible from outside the Premises, or the Building without Landlord’s prior written consent; provided that Tenant , which consent shall have not be unreasonably withheld. Signage (other than within the right to install a sign with its name and corporate logo on Premises which is not visible from outside the exterior of the Building, the size, appearance and characteristics of which Premises) shall be subject conform to Landlord’s prior written consentstandard design criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Prior to the expiration or earlier termination of this Lease, Tenant shall remove Exterior Signage at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Initial interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a Building-standard size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all reasonable out-of- pocket costs (without ▇▇▇▇-up, overhead or profit) associated with such installation within thirty (30) days after demand therefor (accompanied by reasonable supporting documentation thereof). The right to install Exterior Signage is personal to REGENXBIO Inc., and may not be exercised by any assignee, sublessee or transferee of this Lease, except to Tenant’s Affiliate subsequent to an Exempt Transfer (as defined below). If Landlord elects, in Landlord’s sole and absolute discretion, to make monument Signage available to all tenants of the Project, then Landlord shall make a portion of such monument Signage (with the size and location of such portion to be determined by Landlord in Landlord’s sole and absolute discretion) available to Tenant for purposes of installing and maintaining Signage identifying Tenant (which Signage shall be installed, maintained and removed at Tenant’s sole cost and expense and otherwise in accordance with all of the terms, conditions and provisions of this Section). 10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices leased areas in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.1012.11. Notwithstanding any other provision herein to the contrarycontrary (but subject to Landlord’s obligations in Section 5(y) above), Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding For the foregoingavoidance of doubt, Landlord “Lenders” shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (REGENXBIO Inc.)

Use. 10.1. 10.1 Tenant shall may use the Premises for the purpose set forth purposes described in Section 2.122.1.8 and any other use permitted by (i) the applicable zoning, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Project, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consent, which consent Landlord may withhold in its sole and absolute discretionof Landlord. 10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the above, or that in Landlord’s reasonable opinion violates any of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. 10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the Landlord’s cost (unless Tenant agrees to pay such increased cost) of any fire, environmental, extended coverage or any other insurance policy covering the Building Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and the Projectconditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the Projectregulations promulgated thereunder, as amended from time to time relating to the physical elements of the Premises. All responsibility for compliance with the ADA relating to the physical elements of the Premises shall be exclusively that of Tenant and not of Landlord. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall promptlybe done in accordance with Article 17; provided, upon demandthat Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, reimburse Landlord for any additional premium charged for such policy by reason in whole or in part, of Tenant’s failure to responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this SectionLease shall be construed to require Tenant to make structural improvements, alterations, repairs or replacements to comply with ADA unless required as part of the Tenant Improvements or other improvements made by Tenant. Landlord shall be responsible for such structural improvements (other than those required as part of the Tenant Improvements or other improvements made by Tenant, or because of Tenant’s specific use of the Premises) if required by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Furthermore, Landlord shall be responsible for compliance with ADA to the extent of a violation of Landlord’s warranty in Section 14.3. 10.410.5 Tenant may install signage, and re-install replacement or new signage, on the Building and on and about the Premises, which signage may prominently display Tenant’s name and corporate logo, to the extent permitted by, and in conformity with, the applicable provisions of any governmental law, ordinance or regulation, and to the extent reasonably approved by Landlord. Tenant acknowledges that it understands that other tenants will and do occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of any governmental law, ordinance or regulation governing signage, and is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. The expense of design, permits, purchase and installation of any signs shall keep be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all doors opening onto public corridors closedsigns shall be the property of Tenant and may be removed from the Premises by Tenant, except when in use subject to the provisions of Article 36. Landlord shall install signage and a call box at the entrance to the Building for ingress and egressTenant’s visitors. 10.5. 10.6 No additional locks or bolts of any kind equipment shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of at a location within the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight load of such the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.9. 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease (Acucela Inc)

Use. 10.1. Tenant The Premises shall use the Premises be used and occupied for the purpose set forth in Section 2.12, Permitted Use and shall not for no other use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent. Subject to the other terms of this Lease, which consent beginning on the date Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy delivers the Premises in violation of Applicable Laws; zoning ordinances; or to Tenant with the certificate of occupancy issued for the BuildingTenant Improvements Substantially Completed, Tenant and its employees, licensees, and shallguests, upon five (5) days’ written notice from Landlordshall have access to the Premises at all times, discontinue any use 24 hours per day, every day of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveyear. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of all present and future Laws relating to Tenant’s specific or unique manner of use or occupancy of the Premises, impose Premises or because of any duty upon Alterations made by Tenant or Landlord with respect to the Premises (and make any repairs, alterations or improvements as required to comply with respect to all such Laws), and shall observe the use or occupation thereof. 10.3. Building Rules (as defined in Section 27 - Rules and Regulations); provided, however, Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord responsible for any additional premium charged for such policy outstanding code compliance violations that are the responsibility of Landlord that may be triggered by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in specific use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part occupancy of the Premises or Alterations made by Tenant to the Building without Landlord’s prior written consent; provided that Premises. Tenant shall have the right to may install a sign with its name standard tenant identification logo and corporate logo letter signage on the exterior of the BuildingPremises facing Highway 169, the size, appearance and characteristics of which shall be subject to the Building Rules, reasonable consent of Landlord’s prior written consent. Interior signs on doors , City approval and the directory tablet shall be inscribedsubject to and in compliance with applicable laws, painted or affixed for Tenant by Landlord at Tenant’s sole cost codes and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyordinances. Tenant shall not place do, bring, keep or sell anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any way obstruct manner that will constitute waste or interfere with a nuisance, or unreasonably disturb the rights quiet enjoyment of or otherwise annoy other tenants in the Building. No waste, materials or occupants refuse shall be dumped upon or permitted to remain outside the Premises or upon the Property. Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, 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 Projectutility systems of the Building any apparatus, machinery or injure or unreasonably annoy themother equipment other than that, for which the utility systems have been designed; or (biii) use or allow connect to any electrical circuit in the Premises to be used for immoral any equipment or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out load with aggregate electrical power requirements in excess of or in connection with the compliance 80% of the Premises with rated capacity of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqcircuit. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for complying with all liabilitiesLaws affecting the design, construction and operation of the Building (including the Premises to the extent Tenant is not required to comply therewith as provided for above or as otherwise provided in this Lease) or relating to the performance by Landlord of any duties or obligations to be performed by it hereunder, provided, however, Landlord’s costs and expenses arising out of compliance will be included in Operating Costs. Tenant shall have no obligation to comply with or in connection with pay for the compliance with any Laws requiring alterations, modifications, or repairs to any conduits, pipes, or duct work which is located within the Premises (such as within the plenum area) but which exclusively serves any building wide systems (provided, however, this shall not relieve Tenant of its obligation to pay for costs related to same to the extent permitted to be included in Operating Costs) or premises within the Building other than the Premises, it being the intent of the existing structural portions parties that the cost of such modifications, alterations, and tenant improvements repairs shall be Landlord’s responsibility or the responsibility of the Premises tenant served exclusively by such systems. Landlord represents to the best of its actual knowledge and belief that the Building will be in compliance with all Laws as of the date of this Lease, Landlord initially delivers the “path of travel” into and within Premises to Tenant. Landlord warrants that the Building (but not within the Premises, except Premises will be in compliance with all Laws as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply Lease Date. Landlord warrants that the Tenant Improvements constructed upon the Premises by Landlord will be in compliance with all Laws as of the ADA. The provisions of this Section 10.10 shall survive date Landlord initially delivers the expiration or earlier termination of this LeasePremises to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Mocon Inc)

Use. 10.1. (a) Tenant shall use the Premises for the purpose set forth in Section 2.12, its commercial fish-buying and/or fish- unloading business and shall not use the Premises, or permit or suffer the Premises additional ancillary and compatible uses and services pursuant to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2paragraph 9.1 (b)(vii) of this lease. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony purposes without Landlord’s prior written consent. 10.7(b) Tenant shall develop, operate and maintain a first-rate and complete facility for the purpose of wholesale buying, unloading, storing, and shipment of fish and fish-related products and/or the non-exclusive right to sell fish on a retail basis as stipulated in subsection (ii) below. No sign, advertisement or notice Tenant shall be exhibited, painted or affixed by have all necessary permits for fish processing on display in order to engage in this activity. (i) Tenant shall provide on any part of the Premises all equipment required for the operation of said wholesale fish dealership, including winch and hoist for the purpose of loading or unloading of fish or other merchandise to and from vessels, and scales, skiff or equipment storage. Tenant may provide a second winch and hoist at a location approved in advance by the Building without Landlord’s prior written consent; provided that Harbor Master. (ii) Tenant shall have the non-exclusive right to install sell fish in the same condition as purchased directly from fishing boats at Pillar Point Harbor, on a sign retail basis, on a month-to-month basis, subject to written approval of Landlord of any plans, specifications and engineering and compliance with its name San Mateo County Local Coastal Plan and corporate logo zoning/land use regulations. Landlord shall retain the right to delete this right if storage, traffic, pedestrian or space problems occur. Tenant shall not be allowed to do any advertising for the retail fish operation on or off-site at any time except as may be permitted by Landlord at Landlord’s sole discretion. Violation of this provision will automatically rescind the exterior right by Tenant to sell fish on a retail basis. (iii) Tenant shall not buy fish or other seafood products from any vessel that exceeds eighty (80) feet in length, without permission of the Building, the size, appearance Landlord’s Harbor Master or General Manager. Permission shall not be arbitrarily withheld and characteristics of which shall be subject to appeal to the Harbor Commission. (iv) Tenant shall unload at the Premises only fish that it has either purchased or has caught in vessels owned or leased by Tenant, or has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord. There will be no fish processing on the second floor of the Premises. (v) Tenant shall provide documentation to the District for all fish unloaded that has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord, which documentation shall include date of landing/unloading, name of vessel and vessel operator from whom the fish were unloaded, and name of Permit holder receiving the fish. (vi) Tenant agrees to keep free and clear a fifteen (15) foot wide area on ▇▇▇▇▇▇▇ Pier for common area access by all fish buyer tenants at all times, unless mutually agreed by all parties. (vii) Tenant shall have sole use of a seventeen feet by twenty-eight feet (17’ x 28’) area totaling four hundred seventy-six square feet (476 sq. ft.) in Parking Lot “A” as designated by the Landlord at Landlord’s prior written consentsole discretion, to be used for storage of any gear, boxes or other items that are considered essential to the fish-buying operation. Interior signs on doors and the directory tablet Tenant shall be inscribedsolely responsible, painted or affixed for Tenant by Landlord at Tenant’s sole cost and its expense, for fencing in said area and securing the fenced-in area with a locked, secure gate. If the area so designated is not enclosed by Tenant on or before , 20 , Tenant shall be of a size, color and type acceptable forfeit said space to Landlord. The directory tablet shall be provided exclusively the Landlord for the display remainder of the name and location Lease Term. Landlord shall not be responsible for the security of tenants onlyequipment or material stored. Tenant shall not place anything store hazardous material on the exterior Premises. If and when Landlord has other storage available, the fish buyers will move their storage to the new facility at Landlord’s request. Any expenses incurred will be at the sole expense of Tenant. Subject to the prior written approval of Landlord, Tenant may provide additional uses and services which are ancillary to, and compatible with, the required uses and services hereunder, provided that they are not incompatible with other uses and services allowed or required for other tenants at Pillar Point Marina. (viii) Tenant may place a sign or signs stating the name of ▇▇▇▇▇▇’s business on the front and landward side of the corridor walls or corridor doors other than pier building housing Tenant’s Premises with prior written approval of Landlord, and which comply with ▇▇▇▇▇▇▇▇’s standard letteringDesign Guidelines as amended. 10.8(c) Tenant’s operating schedule and prices shall comply with the following: (i) Beginning on the Commencement Date, all of the uses and services specified in Subsection 9.1(b) above shall be provided with full services on the Premises during the active fishing seasons, weather permitting, on call of Landlord personnel or as needed. (ii) Tenant shall, at all times, maintain a schedule of the prices charged for fish and fish products or charged for all goods or services or combinations thereof supplied to patrons on or from the Premises, whether the same are supplied by Tenant or by its sublessees, assignees, concessionaires, permittees, or licensees, and shall make said schedule available to Landlord. (iii) All rates and charges to customers purchasing on or from the Premises shall be reasonable and consistent with the quality of services and facilities offered and shall be no more than rates and charges for comparable services and facilities in Northern California. (d) Tenant’s rights to buy fish shall be non-exclusive, and Landlord retains the right to permit the purchase of fish from vessels at Pillar Point Harbor. Tenant shall cause any office equipment or machinery to be installed annually negotiate in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere good faith with the rights of other tenants or occupants of at Pillar Point and local fisherman to establish a commercially reasonable pricing schedule for fish purchases. To the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, extent such agreement on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs pricing is reached and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingimplemented each year, Landlord shall be responsible include in any permits that it issues for all liabilities, costs and expenses arising out of or fish purchases from vessels a Fee equal to that required in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencesubsection 6.1(a) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. 10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed if such treatment is not visible from outside the Premises), nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed if such items are not visible from the exterior of the Premises). 10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for by Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord, and the directory tablet shall be inscribed or affixed for Tenant by Landlord at Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Notwithstanding anything set forth herein to the contrary, all rights of Tenant with respect to Signage on the exterior of the Building shall be personal to Tenant and may not be assigned with this Lease or otherwise. 10.812.8 Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.10. 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding As of the foregoingExecution Date, to Landlord’s actual knowledge and without any duty to investigate, Landlord has received no written notice of any ADA violations within the Premises. This Section (as well as any other provisions of this Lease dealing with indemnification of the Landlord Indemnitees by Tenant) shall be responsible for all liabilitiesdeemed to be modified in each case by the insertion in the appropriate place of the following: “except as otherwise provided in Mass. G.L. Ter. Ed., costs C. 186, Section 15.” For the avoidance of doubt, “Lenders” shall also include historic tax credit investors and expenses arising out of or new market tax credit investors. Landlord represents and warrants that the Premises and the Common Areas shall be in connection compliance with the compliance of the existing structural portions and tenant improvements of the Premises ADA as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADATerm Commencement Date. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12 Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times. 12.13 Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to this Section.

Appears in 1 contract

Sources: Lease (Gritstone Oncology, Inc.)

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

Appears in 1 contract

Sources: Lease Agreement (Selecta Biosciences Inc)

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

Appears in 1 contract

Sources: Residential Rental Agreement

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. During the Term, Tenant shall, subject to Force Majeure, casualty and all of the other terms, conditions and provisions of this Lease, have access to the Premises twenty-four (24) hours per day, seven (7) days per week. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) the Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease (Protagonist Therapeutics, Inc)

Use. 10.1. Tenant shall continuously occupy and use the Premises only for the purpose Permitted Use (as set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5Basic Lease Information) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rulesLaws relating to the use, orderscondition, regulations and requirements of the insurers of the Building and the Projectaccess to, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door occupancy of the Premises other than Landlordand will not commit waste, overload the Building’s standard window coverings. Neither Structure or the interior nor exterior of any windows shall be coated Building’s Systems or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of subject the Premises or to use that would damage the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with Premises. Tenant, at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall obtain and shall be of a sizekeep in effect during the term, color all permits, licenses, and type acceptable other authorizations necessary to Landlord. The directory tablet shall be provided exclusively permit Tenant to use and occupy the Premises for the display Permitted Use in accordance with applicable Law and all insurance requirements. If as a result of the name and location of tenants only. Tenant shall not place anything on population density within the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed Premises as a whole exceeding one person for each three hundred (300) rentable square feet in the Premises so as (the “Maximum Density”), rebalancing, repairs, modifications or supplements to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within HVAC serving the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not are required (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the ADAHVAC Corrective Work”), and Tenant requests that such HVAC Corrective Work be performed, the cost of the foregoing shall indemnifybe borne solely by Tenant (to be reimbursed to Landlord within ten (10) days after Landlord’s delivery to Tenant of reasonable evidence of the cost thereof). Notwithstanding anything in this Lease to the contrary, defend as between Landlord and hold harmless Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises (except with respect to requirements existing as of the date of this Lease); and (b) Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out shall bear the risk of any failure of such improvements to comply complying with the ADA. Notwithstanding Disabilities Acts to the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of extent applicable to the Premises as of the date of this LeaseLease and in the Common Areas, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a use that results in such portion of the Premises having, on a regular basis, a population density greater than the Maximum Density, such as a high-density “call center”, any other high-density telemarketing use, or any high-density credit processing use. In addition, the “path 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 not use or permit the storage of travel” into and any explosives, fuel or other hazardous or inflammable materials within the Building (but Premises other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business and control each other Tenant Party so as not within to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity which is not a Permitted Use, or place any equipment in or 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 activity conducted from the Premises which is not a Permitted Use, or any act or omission by Tenant, or its agents, employees, representatives, or contractors which is not a Permitted Use, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, except and, as specifically described in this sentence) a result thereof, Tenant shall be liable for such increase and the Project’s parking lots, walkways and landscaping areas shall be considered additional Rent payable with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out next monthly installment of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.

Appears in 1 contract

Sources: Office Lease Agreement (Kid Brands, Inc)

Use. 10.1. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises for any or all of the purpose set forth in Section 2.12, and shall Permitted Uses. Tenant may not use the Premises, or permit or suffer the Premises to be used, for any purpose other purpose without than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2shall not be unreasonably withheld, qualified or delayed. Tenant shall not use or occupy conduct its operations and activities on the Premises in violation of material compliance with all Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingprovided, and shall, upon five (5i) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign contest the enforcement or attempted enforcement of any Applicable Law, in good faith and with its name and corporate logo on the exterior of the Buildingdue diligence, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. (ii) Tenant shall not place anything on be deemed to have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the exterior same and the period of the corridor walls or corridor doors other than time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s standard lettering. 10.8Work to comply with Applicable Laws. Tenant shall cause any office equipment or machinery its Alterations (if any) to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Buildingcomply with Applicable Laws. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any lossthird party claims and associated lawsuits, costgovernmental actions, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingobligations, Landlord shall be responsible for all liabilities, damages, costs and expenses arising out of (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Tenant’s failure to conduct its operations and activities at the Premises in compliance with Applicable Laws. Tenant shall have the right to discontinue its operations in the Premises, in whole or in connection with part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to require Tenant to use or occupy the compliance of the existing structural portions Premises, and tenant improvements Tenant’s vacation of the Premises as of or failure to use or occupy the date of this Lease, the “path of travel” into and within the Building (but Premises shall not within constitute a default hereunder. Notwithstanding Tenant’s election to discontinue its operations at the Premises, except as specifically described Tenant shall not cancel electric or water service to the Premises, Tenant shall keep the parking lights operational in this sentence) and accordance with its prior practices at the Project’s parking lots, walkways and landscaping areas with the ADAPremises, and Landlord Tenant shall indemnifycause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of until the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLease or ▇▇▇▇▇▇’s right to possession of the Premises.

Appears in 1 contract

Sources: Lease Agreement (American Outdoor Brands, Inc.)

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.10 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord which shall not be unreasonably withheld, which consent Landlord may withhold in its sole and absolute discretionconditioned or delayed. 10.2. Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state, and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ days written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any of the abovelaw, regulation, zoning ordinance, or that the certificate of occupancy, or which in Landlord’s the reasonable opinion violates any of the aboveLandlord threatens human life and safety. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof; provided, however, that Tenant shall have the right, at Tenant’s sole cost and expense, to contest any such ruling, order or direction of any governmental authority, so long as Tenant shall, at its sole expense, defend and protect itself, Landlord and the Demised Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Demised Premises. If Landlord shall require, Tenant shall furnish to Landlord a letter of credit or surety bond in a form reasonably satisfactory to Landlord and in an amount reasonably requested by Landlord, indemnifying Landlord against liability for Tenant’s noncompliance, and, so long as such noncompliance by Tenant does not affect human life or safety. So long as Tenant continues to contest such ruling, order or direction diligently and in good faith, Tenant’s noncompliance shall not be a default hereunder. 10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and Tenant shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and Project. In the event Tenant’s activities in the Building or Project increase the cost of any insurance policy covering the Building or the Project, and upon Landlord’s demand, Tenant shall promptly, upon demand, promptly reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Sectionpolicy. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when not do or permit anything to be done in use for ingress and egressor about the Demised Premises which shall in any way obstruct or interfere with the rights of or injure other tenants or occupants of the Project. 10.5. Tenant shall not use or allow the Demised Premises to be used for immoral or unlawful purposes. 10.6. Tenant shall not knowingly cause, maintain, or permit any nuisance or waste in, on, or about the Demised Premises, the Building, or the Project. 10.7. [Intentionally omitted] 10.8. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord (or, alternatively, without furnishing to Landlord at least two master keys therefor). Tenant shallmust, upon termination of this Lease, return to Landlord all keys to offices and restrooms restrooms, either furnished to or otherwise procured by Tenant. In the event any such key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks lock(s) opened by such lost key if Landlord shall deem it necessary to make such change. Notwithstanding the foregoing, Tenant shall have the right to designate certain areas of the Building as “secure” areas, and, subject to the provisions of Section 30.3, to limit access thereto. 10.610.9. No Unless and until Tenant shall have received the express written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed (i) no awnings or other projections projection shall be attached to any outside wall of the Building. No building; (ii) no curtains, blinds, shades or screens shall be attached to or to, hung in, or used in connection with, with any window or door of the Demised Premises other than Landlord’s standard window coverings. Neither ; (iii) neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentsunscreened, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No window ▇▇▇▇▇; and (iv) no equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentbalcony. 10.710.10. No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.810.11. Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Project Common Areas Areas, or other offices space in the BuildingProject. Further, Tenant shall not place any no equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approval by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Placement of any equipment, if approved by Landlord, shall be at a location designed to carry the weight of such equipment. 10.910.12. Tenant Other than costs which shall not (a) do or permit anything be included in Operating Expenses pursuant to be done in or about Section 6 associated with causing the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for immoral comply with any retroactively effective law, code, rule or unlawful purposes, nor shall Tenant knowingly cause, maintain regulation where noncompliance does not result from any use of or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein alterations to the contraryDemised Premises by Tenant, Tenant shall be responsible for all liabilities, costs and expenses expense arising out of or in connection with the compliance of the Demised Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), ADA and Tenant shall indemnify, defend defend, and hold harmless Landlord from and against any loss, cost, liability liability, or expense (including reasonable attorneys’ attorneys fees and disbursements) arising out of any failure of such improvements the Demised Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Qiagen Nv)

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

Appears in 1 contract

Sources: Lease (BIND Therapeutics, Inc)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five ten (510) days’ written notice from Landlord, discontinue any use of the Premises that is, or is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) the Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADASection. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease12.

Appears in 1 contract

Sources: Lease Agreement (La Jolla Pharmaceutical Co)

Use. 10.1a. The Premises shall be used for general office and related ancillary purposes and for no other purpose(s). In the event Tenant shall use abandons the Premises or ceases use and occupancy thereof for the purpose set forth in Section 2.12general office and related ancillary purposes, and shall not use the Premiseswhich abandonment or cessation continues for a period of one hundred eighty (180) consecutive days or longer, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ otherwise delivers written notice from Landlordto Landlord of Tenant’s intention to vacate, discontinue any use abandon, otherwise cease to continue in possession of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation (an “Abandonment Notice”), regardless of the period of any abandonment or cessation of operations at the abovetime such Abandonment Notice is given (each, a “Material Cessation of Operations”), then Landlord shall have the express and specific remedy to terminate this Lease on account of such Material Cessation of Operations, which option may be exercisable by Landlord giving notice thereof to Tenant at any time after the date on which such 180-day period expires or that in after the date on which Landlord receives any Abandonment Notice from Tenant, as applicable (the “Recapture Notice”). If Landlord gives the Recapture Notice, then this Lease shall terminate upon the thirtieth (30th) day (the “Recapture Date”) after the date on which Tenant receives Landlord’s reasonable opinion violates any of Recapture Notice. Until the above. Tenant Recapture Date, the Lease shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building remain in full force and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, effect and Tenant shall promptlycontinue to be bound thereby including, upon demandwithout limitation, reimburse the obligations to pay Rent hereunder until the Recapture Date. If Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with expressly exercises its rights under this Section 20, then on and after the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closedRecapture Date, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind there shall be placed upon any no further liability on the part of Landlord or Tenant except for obligations that expressly survive the doors expiration or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon sooner termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements event Tenant resumes possession of the Premises as and recommences to use and occupy of substantially all of the date Rentable Area of the same in accordance with this LeaseSection 20 after its receipt of a Recapture Notice, but prior to the “path Recapture Date, then such resumption of travel” into possession and within continuation of use and occupancy by Tenant shall negate the Building (but effectiveness of Landlord’s Recapture Notice and this Lease shall remain in full force and effect. b. The Premises shall not within be used for any illegal purposes, or in violation of any regulation of any governmental body, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises or the Building. Tenant shall, at its own expense, promptly comply with any and all municipal, county, state and federal statutes, regulations and/or requirements applicable or relating to the use, occupancy, or condition of the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Surgical Care Affiliates, Inc.)

Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall be prohibited from using the Premises or any portion of the Property for the sale, distribution or production of marijuana. 10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall take such further actions and execute such further documents in connection with this Lease as are necessary to comply with Applicable Laws relating to privacy, personal information and data security. Tenant acknowledges that Landlord may collect certain personal information (e.g., names, email addresses and contact information) of Tenant’s and its affiliates’ employees (and, if applicable, subcontractors and consultants), and use such information in connection with performing Landlord’s duties and obligations, and exercising its rights under this Lease. Tenant shall not retain, use or disclose any personal information received from Landlord pursuant to this Lease for any purpose other than to perform its duties and obligations, and exercise its rights under this Lease or as required by Applicable Law. In the event of a conflict between this Section and Article 38, this Section shall govern. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Sources: Lease (Monte Rosa Therapeutics, Inc.)

Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. 10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. 10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. Tenant shall be permitted to install its own security system in the Premises which is compatible with the key card access system for the Building and may include, within the Premises, video, motion and other sensors, provided, however no portion of it shall be visible outside the Premises without Landlord’s approval. Tenant shall have the right to install and use a WiFi system in its Premises provided the same does not interfere with other tenants in the Project. 10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant consent Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for by Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. An interior sign on the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Landlord’s sole cost and expense; provided, however, that Tenant shall be responsible for all costs and expenses incurred by Landlord for any changes to Tenant’s listing in such directory tablet requested by Tenant from and after the Term Commencement Date (excluding any changes on account of improvements to the directory tablet initiated by Landlord). The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 10.812.8 Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. 10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. 10.10. 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”)) (except to the extent that any such non-compliance of the Premises with the ADA (as in effect and interpreted as of the Term Commencement Date) existed as of the Term Commencement Date, and Tenant shall indemnify, compensate, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADATenant’s obligations with respect to the ADA under this Section. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant) shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. 12.12 Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times (subject to Landlord’s compliance with its obligations with respect to base Building HVAC systems under this Lease). 12.13 Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain, at Landlord’s cost, and Landlord shall maintain during the Term, (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to the immediately foregoing sentence. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license.

Appears in 1 contract

Sources: Lease Agreement (CM Life Sciences III Inc.)

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

Appears in 1 contract

Sources: Residential Lease