Common use of Use Clause in Contracts

Use. Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

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Use. Tenant warrants and represents to Landlord that the Leased A. The Premises shall be used and occupied only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall occupy at its own cost and expense obtain any and all licenses and permits necessary for its use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not solicit businesslimited to those regarding the correction, distribute handbills prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant’s sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Property, building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any apparatus or machine which makes undue noise or causes vibration in any portion other remedies Landlord may have for a breach by Tenant of the Property terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the Leased Premisesevent Tenant’s use of Premises shall result in an increase in insurance premiums, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to Tenant shall be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)solely responsible for said increase.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Applied Precision, Inc.)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 5 days’ written notice from Landlord, discontinue any use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors Premises which is declared by any Governmental Authority (as defined in such Section 9) having jurisdiction to be a manner as is lawful, reputable and violation of a Legal Requirement. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the Property. Tenant shall not solicit business, distribute handbills voidance of or display merchandise within an increased insurance risk with respect to the Common Areasinsurance currently being maintained by Landlord. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any purpose alterations or modifications to the Project that is visible from are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Leased Premises, adversely affects ventilation in other areas of Premises or the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Project that are required by Legal Requirements (defined below)including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Use. Tenant warrants and represents to Landlord that the Leased Premises The leased property shall be used and occupied only solely for the purpose as set forth in Section 1.10 of recreational amenties for public use. . If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant Lessee shall not permit any operation which emits any odor or matter which intrudes into other portions use of the Property, use any apparatus or machine which makes undue noise or causes vibration property in any portion manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertyleased property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used Any activities in any way which wouldinvolving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in the opinion common usage, are specifically prohibited. The use of Landlordpetroleum products, be extra pollutants, and other hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance materials on the Propertyleased property is prohibited. Tenant may not use or allow or permit Lessee shall be held responsible for the Leased Premises to be used in any way or performance of and payment for any purpose environmental remediation that is visible from may be necessary, as determined by the exterior Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the Leased Premisesleased property, adversely affects ventilation in other areas of the BuildingLessee shall be held similarly responsible. The Lessee shall indemnify, creates unreasonable elevator loadsdefend, causes structural loads to be exceededand hold harmless the Lessor from any claim, creates unreasonable noise levelsloss, damage, costs, charge, or is in violation expense arising out of any applicable Legal Requirements (defined below)such contamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. Tenant warrants Lessee shall use the Demised Premises as a recreational vehicle sales and represents to Landlord that service facility, uses ancillary thereto, and no other purpose. In the Leased event zoning or other laws or ordinances regulating the use of the Demised Premises at any time during the initial lease term or any extension thereof shall be used and occupied modified or changed, Lessee shall use the Demised Premises only for such purposes as comply with such laws or ordinances. Lessee agrees that it will not permit any unlawful occupation, business or trade to be conducted on the purpose as set forth in Section 1.10 Demised Premises or any use to be made thereof contrary to any Legal Requirements, the REA or the other provisions of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant Lessee shall not solicit business, distribute handbills use or display merchandise within occupy or permit the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises or any way which wouldpart thereof, in the opinion of Landlord, be extra hazardous on account of fire or which a manner that would in any way increase violate any certificate of occupancy affecting the cost of Demised Premises, or render make void the or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance on the Property. Tenant may not use or allow or permit the Leased Premises thereon required to be used in furnished hereunder by Lessee, or that will cause or be likely to cause structural injury to any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelsleased Improvements, or is that will constitute a public or private nuisance or waste. Nothing in violation this Lease contained and no action or inaction by Lessor shall be deemed or construed to mean that Lessor has granted to Lessee any right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of any applicable Legal Requirements (defined below)Lessor in the Demised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Holiday Rv Superstores Inc), Lease Agreement (Holiday Rv Superstores Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose as uses set forth in Section 1.10 1 above, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of this LeaseLandlord. Nothing contained herein shall be deemed to give Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in any exclusive right to such a manner as is lawful, reputable and will not create a nuisance to other tenants use in the PropertyBuilding. Tenant shall not solicit businessuse or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, distribute handbills and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or display merchandise within of said Certificate of Occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Common Areasnature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any operation which emits any odor way obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the PropertyProject, or injure or annoy them, or use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in for any way which wouldimproper, in the opinion of Landlordimmoral, be extra hazardous on account of fire unlawful or which would in any way increase the cost of or render void the fire insurance on the Property. objectionable purpose, nor shall Tenant may not use or allow cause, maintain or permit the Leased Premises to be used in any way nuisance in, on or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).about

Appears in 2 contracts

Samples: Letter Agreement (Stac Inc), Stac Inc

Use. Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for a medical and beauty consultation and administration office and for no other purpose. 5 In the purpose as set forth in Section 1.10 of this event the Tenant uses the Premises for purposes not expressly permitted herein, the Landlord may terminate the Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agentsor without notice to Tenant, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyrestrain said improper use by injunction. Tenant shall not solicit business, distribute handbills do or display merchandise permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions permitted use of the Property, use any apparatus or machine Premises which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would will in any way increase the cost existing rate of or render void affect any fire or other insurance upon the fire Building or any of its contents, or cause a cancellation of any insurance on policy covering the PropertyBuilding or any part thereof or any of its contents. Tenant may shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Tenants or occupants of the Building or injure or annoy them or use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the exterior Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. In the event Tenant's permitted use of the Leased PremisesPremises increases the existing rate of or affects any fire or other insurance, adversely affects ventilation then and in other areas that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the Premises as a Tenant, or by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall be deemed to have accepted the same and to have acknowledged that the Premises are conclusively in the condition required by the Lease. This Lease does not grant Tenant any right of air and light over and about the Premises or the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 2 contracts

Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Use. Tenant warrants agrees that it will continuously during the Term use the Premises for general office purposes, and represents to Landlord that for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force, including, without limitation, the Leased Premises shall be used Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq. and occupied only any governmental regulations relating thereto, including any required alterations for the purpose as set forth in Section 1.10 purposes of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in “public accommodations” under such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertystatute. Tenant shall not solicit business, distribute handbills use or display merchandise within permit the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or manner nor do any act which would in any way increase the cost existing rate of or render void the fire insurance on the PropertyBuilding or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant may shall not use during the Term (i) commit or allow or permit the Leased Premises to be used committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or for any purpose that is visible from in the exterior of soils surrounding the Leased PremisesBuilding, adversely affects ventilation in or (vi) disturb or unreasonably interfere with other areas tenants of the Building. If any of Tenant’s office machines or equipment disturbs the quiet enjoyment of any other tenant in the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelsthen Tenant shall provide adequate insulation, or is in violation of any applicable Legal Requirements (defined below)take such other action as may be necessary to eliminate the disturbance, all at Tenant’s sole cost and expense.

Appears in 2 contracts

Samples: Lease Agreement, Amendment of Lease Agreement (E2open Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied premises only for the purpose permitted use (as set forth defined in Section 1.10 of this Leasethe Basic Lease Information). Tenant will not occupy or use the premises, or permit any portion of the premises to be occupied or used, for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall occupy be any increase in rate of insurance on the Leased PremisesBuilding or contents created by Tenant’s acts or conduct of business, then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Tenant will conduct its business and control its agents, employees, employees and invitees and visitors in such a manner as is lawfulnot to create any nuisance, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise nor interfere with, annoy or disturb any other tenant in its normal business operations tenants or Landlord in its the management of the PropertyBuilding. Tenant shall neither permit will maintain the premises 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 waste on jurisdiction thereof) with reference to the Leased Premises nor allow use, condition or occupancy of the Leased Premises to be used in any way which wouldpremises. Tenant will not, in without the opinion prior written consent of Landlord, be extra hazardous on account of fire paint, install lighting or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelsdecorations, or is in violation install any signs, window or door lettering or advertising media of any applicable Legal Requirements (defined below)type on or about the premises or any part thereof.

Appears in 2 contracts

Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises The demised premises shall be used and occupied only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of this Leasethe premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use Tenant shall not receive, store or otherwise handle any apparatus product, material or machine merchandise which makes undue noise is explosive or causes vibration highly flammable. Tenant will not permit the premises to be used for any purpose or in any portion manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the Property premises, or otherwise interfere withif Tenant vacates the premises and causes an increase in such premiums, annoy or disturb any other tenant in its normal business operations or Landlord in its management then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Propertypremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall neither permit hold harmless Landlord from any waste on the Leased Premises nor allow the Leased Premises loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)comply with this paragraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 5 days’ written notice from Landlord, discontinue any use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors Premises which is declared by any Governmental Authority (as defined in such Section 9) having jurisdiction to be a manner as is lawful, reputable and violation of a Legal Requirement. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areascredits. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements. Tenant, adversely affects ventilation in other areas at its sole expense, shall make any alterations or modifications to the interior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined below)including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 5 days’ written notice from Landlord, discontinue any use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors Premises which is declared by any Governmental Authority (as defined in such Section 9) having jurisdiction to be a manner as is lawful, reputable and violation of a Legal Requirement. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the Property. Tenant shall not solicit business, distribute handbills voidance of or display merchandise within an increased insurance risk with respect to the Common Areasinsurance currently being maintained by Landlord. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s alterations) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, adversely affects ventilation in other areas Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined belowincluding, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyLandlord's prior written consent. Tenant shall not solicit businessdo, distribute handbills bring or display merchandise keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the Common Areasamount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit any operation which emits any odor or matter which intrudes into other portions the use of the Property, use any apparatus or machine which makes undue noise or causes vibration Premises in any portion manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the Property or otherwise interfere withbuilding containing the Premises, annoy or which shall unreasonably disturb any other tenant in its normal business operations tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or Landlord in its management warranty to Tenant as to the suitability of the Property. Tenant shall neither permit any waste on Premises for the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion conduct of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Tenant's business.

Appears in 2 contracts

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

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Leasegeneral business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant shall occupy comply with all present and future Laws relating to Tenant’s use or occupancy of the Leased PremisesPremises (and make any repairs, conduct its business alterations or improvements as required to comply with all such Laws), and control its agentsshall observe the “Building Rules” (as defined in Article 27 [Rules and Regulations]); provided that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, employeesand not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, invitees shall be made by Landlord (and visitors the cost thereof shall be included in such a manner or excluded from Operating Costs as is lawful, reputable and will not create a nuisance to other tenants provided in the PropertySection 3.2(a)(3) above). Tenant shall not solicit businessdo, distribute handbills bring, keep or display merchandise within sell anything in or about the Common AreasPremises 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 operation manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise unreasonably annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used for (a) educational activities, schools or other training facilities which emits are not ancillary to corporate, executive or professional office use, (b) practice of medicine or any of the healing arts, (c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (i) reservation center operations or uses. 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 matter which intrudes into other portions vibration, overload the floors in the Premises or the Building or any of the Propertyheating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant’s use any apparatus or machine which makes undue noise or causes vibration in any portion of electricity shall never exceed the safe capacity of the feeders to the Property or otherwise interfere with, annoy the risers or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas wiring installation of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in . As of the date of this Lease Landlord has not received any notice of any violation of any applicable Legal Requirements (defined below)Law that has not been cured or otherwise resolved and that would adversely affect Tenant’s use or occupancy of the Premises or would materially affect the operation of the Building.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Use. Tenant warrants and represents to Landlord that the Leased Premises The leased property shall be used and occupied only solely for the purpose as set forth in Section 1.10 of recreational amenties for public use. . If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant Lessee shall not permit any operation which emits any odor or matter which intrudes into other portions use of the Property, use any apparatus or machine which makes undue noise or causes vibration property in any portion manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Xxxxxx's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertyleased property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used Any activities in any way which wouldinvolving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in the opinion common usage, are specifically prohibited. The use of Landlordpetroleum products, be extra pollutants, and other hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance materials on the Propertyleased property is prohibited. Tenant may not use or allow or permit Lessee shall be held responsible for the Leased Premises to be used in any way or performance of and payment for any purpose environmental remediation that is visible from may be necessary, as determined by the exterior Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Xxxxxx's use of the Leased Premisesleased property, adversely affects ventilation in other areas of the BuildingLessee shall be held similarly responsible. The Lessee shall indemnify, creates unreasonable elevator loadsdefend, causes structural loads to be exceededand hold harmless the Lessor from any claim, creates unreasonable noise levelsloss, damage, costs, charge, or is in violation expense arising out of any applicable Legal Requirements (defined below)such contamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose permitted use (as set forth defined in Section 1.10 of this LeaseParagraph 1(h) hereof). Tenant shall will not occupy or use the Leased Premises, or permit any portion of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees, employees and invitees and visitors in such a manner as is lawfulnot to create any nuisance, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise nor interfere with, annoy or disturb any other tenant in its normal business operations tenants or Landlord in its management of the PropertyBuilding. Tenant shall neither permit will maintain the Premises 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 waste on jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion prior written consent of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may such consent not use or allow or permit the Leased Premises to be used unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any way or for any purpose that is visible from the exterior of the Leased Premisesforegoing items in the preceding sentence, adversely affects ventilation Tenant will maintain such permitted items in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)good condition and repair at all times.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 5 days’ written notice from Landlord, discontinue any use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors Premises which is declared by any Governmental Authority (as defined in such Section 9) having jurisdiction to be a manner as is lawful, reputable and violation of a Legal Requirement. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the Property. Tenant shall not solicit business, distribute handbills voidance of or display merchandise within an increase insurance risk with respect to the Common Areasinsurance currently being maintained by Landlord. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or as a result of Tenant’s Alterations (excluding the Tenant Improvements)) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements, adversely affects ventilation in other areas including the ADA. After the Commencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined below)including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 10 days’ written notice from Landlord, discontinue any use of the Leased 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, conduct its business and control its agents, employees, invitees and visitors Tenant may continue to operate in the Premises for such a manner as is lawful, reputable and additional period granted by the applicable Governmental Authority. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areascredits. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, adversely affects ventilation in other areas Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined below)including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)

Use. Tenant warrants and represents to Landlord that the Leased (a) The Premises shall be used and occupied only for executive and administrative offices for the purpose conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.10 the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of this Leaseoccupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the PropertyBuilding or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly flammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is visible from the exterior caused by Tenant's use and occupancy of the Leased Premises, adversely affects ventilation or if Tenant vacates the Premises and causes an increase in other areas such premiums, then Tenant shall pay the amount of the Building, creates unreasonable elevator loads, causes structural loads such increase to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Landlord as Additional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)

Use. Tenant warrants shall use the Premises for that use shown as Item 3 of the Basic Lease Provisions and represents shall not use or permit the Premises to Landlord that the Leased Premises shall be used and occupied only solely for any other purpose without the purpose as set forth prior written consent of Landlord which consent may be withheld in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyLandlord's sole discretion. Tenant shall not solicit businessuse or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, distribute handbills and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or display merchandise within of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Common Areasnature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any operation which emits fire, extended coverage or any odor or matter which intrudes into other portions insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Property, use any apparatus National Fire Protection Association or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertyorganization performing a similar function. Tenant shall neither 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, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any waste on way obstruct or interfere with the Leased Premises nor rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Leased Premises to be used in for any way which wouldimproper, in immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the PropertyPremises. Tenant may shall not use commit or allow or permit the Leased Premises suffer to be used committed any waste in any way or for any purpose that is visible from upon the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Use. Tenant warrants and represents to Landlord that the Leased Premises The demised premises shall be used and occupied only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of this Leasethe premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use Tenant shall not receive, store or otherwise handle any apparatus product, material or machine merchandise which makes undue noise is explosive or causes vibration highly flammable. Tenant will not permit the premises to be used for any purpose or in any portion manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the Property premises, or otherwise interfere withif Tenant vacates the premises and causes an increase in such premiums, annoy or disturb any other tenant in its normal business operations or Landlord in its management then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Propertypremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall neither permit hold harmless Landlord from any waste on the Leased Premises nor allow the Leased Premises loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)comply with this paragraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used for a distribution center, warehouse facility, fulfillment center and occupied only office purposes, and for no other purpose without the purpose as set forth prior written consent of Landlord. Tenant will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in Section 1.10 of this Leasewhich the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. Tenant shall occupy not cause, maintain or permit any outside storage on or about the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businesscommit or suffer any waste upon the Leased Premises, distribute handbills or display merchandise within any nuisance or other act or thing which may disturb the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions quiet enjoyment of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations the Building. No use shall be made or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises permitted to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior made of the Leased Premises, adversely affects ventilation in other areas nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, creates unreasonable elevator loadsor any part thereof. Tenant shall not sell, causes structural loads or permit to be exceededkept, creates unreasonable noise levelsused, in or is in violation about the Leased Premises, any article which may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the Leased Premises, of any applicable Legal Requirements (defined below)insurance organization or company, necessary for the maintenance or reasonable fire and public liability insurance covering the Leased Premises, Building and appurtenances. Tenant shall not place on any floor a load exceeding the floor load per square foot which such floor was designed to carry.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Innotrac Corp), Industrial Lease Agreement (Innotrac Corp)

Use. Tenant warrants and represents to Landlord that may use the Leased Premises Property for any lawful purpose. At all times such use shall be used in compliance with all applicable Laws, including without limitation any zoning, occupancy, permit and occupied only for license requirements, and in compliance with all rules, regulations, orders and requirements of the purpose as set forth in Section 1.10 American Insurance Association (formerly, the National Board of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyFire Underwriters) or any successor organization. Tenant shall not solicit business, distribute handbills use the Premises in a manner so as to cause cancellation of Landlord’s insurance policies or display merchandise within increase the Common Areaspremiums thereunder. Landlord makes no representation that such use of the Premises will comply with applicable zoning requirements or other Laws. The parties agree that Tenant shall not permit be solely responsible for obtaining, at Tenant’s sole cost and expense, any operation which emits necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any odor such requirements for Tenant’s use and occupancy of the Premises (including, without limitation, compliance with building code and similar regulations applicable to the Premises), without, however, in doing so adversely affecting Landlord or matter which intrudes into other impairing in any way Landlord’s current and permitted use of the Premises; and Landlord makes no warranty or representation whatsoever that any of the foregoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, and Tenant shall obtain at its sole cost and expense any approval required by such Laws. Any sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion Premises affected by the removal of Tenant’s signs shall be restored to its condition as it existed as of the Property or otherwise interfere withLease Commencement Date, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the at Tenant’s sole cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)and expense.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the Permitted Use set forth in the basic lease provisions in Section 1.1 of this Lease, and in compliance with all Legal Requirements now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant shall, upon 5 days’ written notice Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant not use or permit the Premises to be used for any purpose or in any manner that would void or Landlord’s insurance, increase the insurance cost, or cause the disallowance of any sprinkler or other credits. Tenant shall reimburse Landlord promptly upon demand for any additional charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from Premises from extending into Common Areas, or other space in the Project. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the capacity of the as set forth in Section 1.10 of this Lease. Tenant Tenant, at its sole expense, shall occupy make any alterations or modifications to the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills interior or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of Premises or the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Project that are required by Legal Requirements (defined belowincluding, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (to the extent that such Claims do not arise from the failure of Landlord’s Work to comply with any Legal Requirements).

Appears in 2 contracts

Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Use. Tenant warrants shall use the Premises only in conformance with applicable governmental laws, regulations, rules and represents to Landlord that the Leased Premises shall be used and occupied only ordinances for the purpose as set forth of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.10 of this Lease. Tenant shall occupy the Leased Premisesaccordance with all applicable governmental laws and ordinances, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurpose. Tenant shall not solicit business, distribute handbills do or display merchandise within permit to be done in or about the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises bring or keep or permit to be used brought or kept in any way or about the Premises anything which would, in the opinion of Landlord, be extra hazardous on account of fire is prohibited by or which would will in any way increase the cost existing rate of (or render void otherwise affect) fire or any insurance covering the fire Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance on covering the PropertyPremises or any part thereof. Tenant may shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises or injure or annoy them, or use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the exterior Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Leased Premisesbuilding, adversely affects ventilation in or overload existing electrical or other areas mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the BuildingPremises or outside of the building in which the Premises are a part, creates unreasonable elevator loadsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, causes structural loads supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be exceededplaced near the glass of any window, creates unreasonable noise levelsdoor partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or is in violation liability arising out of failure of Tenant to comply with any applicable law related to Tenant's use of the Premises. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of the Landlord only and shall not be construed to be for the benefit of any applicable Legal Requirements (defined below)tenant or occupant of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto; provided, however, with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant shall occupy may also use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyPremises for light manufacturing. Tenant shall not solicit businessconduct or give notice of any auction, distribute handbills liquidation, or display merchandise within going out of business sale on the Common AreasPremises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any operation which emits objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any odor other action that would constitute a nuisance or matter which intrudes into other portions of the Propertywould disturb, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise unreasonably interfere with, annoy or disturb endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other tenant non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in its normal Tenant’s business operations or Landlord in its management on and from the Premises overnight at the truck docks of the PropertyPremises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”). Tenant shall neither shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises. Tenant will not use or permit any waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any way which wouldmanner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire any insurance on the Property. Tenant may not Premises or the Project is caused by Tenant's use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior occupation of the Leased Premises, adversely affects ventilation in other areas or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the BuildingPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, creates unreasonable elevator loadsTenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, causes structural loads and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be exceededincluded in Operating Expenses pursuant to Paragraph 6 of this Lease, creates unreasonable noise levelsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, or is building codes, regulations and ordinances in violation effect on the Commencement Date of any applicable Legal Requirements (defined below)this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)

Use. Tenant warrants may use the Demised Premises as a Marine Supply, Boating --- Gear and represents Boating Apparel store to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses or for any other lawful purpose for which Landlord that the Leased Premises provides it's written consent, such consent not to be unreasonably withheld. Landlord's consent shall be used and occupied only for deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the purpose as set forth Entire Premises, or (2) Tenant's proposed use would duplicate an existing use in Section 1.10 of this Leasethe Entire Premises. Tenant shall occupy indemnify and hold Landlord harmless of and from all fines or penalties imposed by law arising by reason of the Leased Premisesviolation by Tenant of any laws, rules, ordinances or regulations relating to the conduct its of business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyDemised Premises issued by any governmental authority having jurisdiction over the Demised Premises. Tenant shall not solicit business, distribute handbills have any obligation to continuously use or display merchandise within occupy the Common Areas. Demised Premises or conduct business therein during the Term and Tenant shall not permit have the right (at any operation which emits any odor or matter which intrudes into other portions time and from time to time) to discontinue the use and occupancy of the PropertyDemised Premises or cease the conduct of business therein; provided, however, that neither the cessation of Tenant's use any apparatus or machine which makes undue noise or causes vibration in any portion occupancy of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management Demised Premises nor the discontinuation of the Property. conduct of business therein shall relieve or discharge Tenant shall neither permit any waste on from its obligation to pay Rent, Additional Rent or other amounts payable by Tenant and perform the Leased Premises nor allow the Leased Premises to be used in any way which would, obligations required by this Lease in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)time and manner set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose permitted use (as set forth defined in Section 1.10 of this LeaseParagraph 1(h) hereof). Tenant shall will not occupy or use the Leased Premises, or permit any portion of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees, employees and invitees and visitors in such a manner as is lawfulnot to create any nuisance, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise nor interfere with, annoy or disturb any other tenant in its normal business operations tenants or Landlord in its management of the PropertyBuilding. Tenant shall neither permit will maintain the Premises 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 waste on jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, as set forth in Subparagraph 8(c) hereof, to accessibility by persons with disabilities. Tenant will not, without the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion prior written consent of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may such consent not use or allow or permit the Leased Premises to be used unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any way or for any purpose that is visible from the exterior of the Leased Premisesforegoing items in the preceding sentence, adversely affects ventilation Tenant will maintain such permitted items in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)good condition and repair at all times.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied premises only for the purpose permitted use (as set forth defined in Section 1.10 of this Leaseparagraph 1(g) hereof. Tenant will not occupy or use the premises, or permit any portion of the premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or contents; and in event that, by reason of acts of Tenant, there shall occupy be any increase in rate of insurance on the Leased Premises, building or contents created by Tenant's acts or conduct of business then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees, employees and invitees and visitors in such a manner as is lawfulnot to create any nuisance, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise nor interfere with, annoy or disturb any other tenant in its normal business operations tenants or the Landlord in its management of the Propertybuilding. Tenant shall neither permit will maintain the premises 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 waste jurisdiction thereof) with reference to use, condition or occupancy of premises. Tenant will not, without the prior written consent of the Landlord, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Leased Premises nor allow premises or any part thereof. Should Landlord agree in writing to any of the Leased Premises to be used in any way which would, foregoing items in the opinion of Landlordpreceding sentence, be extra hazardous on account of fire or which would Tenant will maintain such permitted items in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Omega Research Inc)

Use. Tenant warrants The Premises shall only be used for storage, service, design, ancillary office and represents to Landlord that the Leased final assembly of electrical charging stations and components, and for no other use. The Premises shall be used for no other purpose(s) without Landlord’s prior written consent which may be withheld in Landlord’s sole and occupied only absolute discretion. Landlord may require Tenant to reimburse Landlord for the purpose as set forth in Section 1.10 reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of this Leasereviewing, investigating, and processing any request by Tenant for consent to any such new use(s) of the Premises. Any funds, so expended by Landlord shall be due and payable by Tenant to Landlord upon ten (10) days notice. Tenant shall occupy neither do (nor permit others to do) any act in or about the Leased Premises that is unlawful or that will increase the existing rate of insurance on the Building and/or the Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businesscommit or allow to be committed any waste upon the Premises, distribute handbills or display merchandise within the Common Areasany public or private nuisance. Tenant shall not permit any operation which emits any odor promptly (and at Tenant’s sole expense) comply with all laws (whether now in effect, or matter which intrudes into other portions subsequently enacted) relating to Tenant’s use and occupancy of the PropertyPremises including but not limited to ADA, use any apparatus or machine and shall observe the reasonable rules and regulations which makes undue noise or causes vibration in any portion may be adopted by Landlord for the safety, care and cleanliness of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of Premises and the Property. Tenant In particular, and without limiting the foregoing, except as otherwise expressly provided in this Lease, there shall neither permit be no storage and no act or omission which violates any waste on federal, state or local ordinance controlling the Leased Premises nor allow uses or presence of hazardous substances, including but not limited to the Leased Premises to be used in any way which wouldComprehensive Environmental Compensation and Liability Act, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property42 U.S.C. Section 9601 et seq. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined belowCERCLA).

Appears in 1 contract

Samples: Lease (Volta Inc.)

Use. Tenant warrants and represents to Landlord that the Leased Premises The demised premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of highly inflammable, Tenant will not permit the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other Tenants for the building in which Tenant occupies space is visible from the exterior caused by Tenant's use and occupancy of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelspremises, or is if Tenant vacates the premises and causes an increase in violation such premiums, then Tenant shall pay as additional rental the amount of any applicable Legal Requirements (defined below)such increase to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Aetrium Inc)

Use. 3.1 Subject to the use provisions of Section 10.1 (assignment), Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose as set forth use specified in Section Paragraph 1.10 of this Leasethe Basic Lease Information and for no other purpose. If any governmental license or permit, other than a Certificate of Occupancy, shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall occupy at all times comply with the Leased Premises, conduct its business terms and control its agents, employees, invitees and visitors in conditions of each such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertylicense or permit. Tenant shall not solicit businessdo or permit anything to be done in, distribute handbills on, or display merchandise within about the Common Areas. Tenant shall not permit Project which will: (i) in any operation which emits any odor way obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the PropertyBuilding, injure or unreasonably annoy them; (ii) use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises Project to be used for any unlawful purpose; (iii) cause or maintain or permit any nuisance, nor commit or allow the commission of any waste, nor use or permit anything to be done which will in any way which wouldconflict with any law, statute, ordinance, or governmental rule or regulation applicable to Tenant now in the opinion of Landlord, be extra hazardous on account of fire force or which would may hereafter be enacted or promulgated; and (iv) not do or permit anything to be done on the Project or bring or keep anything therein which will in any way increase the cost rate of any insurance upon the Project or render void the fire any of its contents or cause a cancellation of said insurance on the Propertyor otherwise affect said insurance in any manner. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements applicable to Tenant now in force or which may hereafter be in force ("Legal Requirements") and with the requirements of any board of fire underwriters or similar body now or hereafter constituted relating to or affecting the condition, use, or occupancy of the Premises or the Building. Tenant shall not use be required to make structural changes unless related to or allow affected by: (i) alterations or permit the Leased Premises to be used in any way improvements made by or for Tenant; or (ii) Tenant's acts. The judgment of any purpose court of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or not, that is visible from the exterior of the Leased PremisesTenant has so violated any such law, adversely affects ventilation in other areas of the Buildingstatute, creates unreasonable elevator loadsordinance, causes structural loads to be exceededrule, creates unreasonable noise levelsregulation, or is in requirement, shall be conclusive of such violation as between Landlord and Tenant. Tenant shall use reasonable efforts to prevent any violation of any applicable Legal Requirements (defined below)by its partners, directors, officers, agents, employees, contractors and invitees.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto; provided, however, with Landlord’s prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant shall occupy may also use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyPremises for light manufacturing. Tenant shall not solicit businessconduct or give notice of any auction, distribute handbills liquidation, or display merchandise within going out of business sale on the Common AreasPremises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any operation which emits objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any odor other action that would constitute a nuisance or matter which intrudes into other portions of the Propertywould disturb, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise unreasonably interfere with, annoy or disturb endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other tenant non-operable vehicles, is prohibited without Landlord’s prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in its normal Tenant’s business operations or Landlord in its management on and from the Premises overnight at the truck docks of the PropertyPremises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”). Tenant shall neither shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s specific use or occupation of the Premises. Tenant will not use or permit any waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any way which wouldmanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire any insurance on the Property. Tenant may not Premises or the Project is caused by Tenant’s use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior occupation of the Leased Premises, adversely affects ventilation in other areas or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the BuildingPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, creates unreasonable elevator loadsTenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, causes structural loads and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be exceededincluded in Operating Expenses pursuant to Paragraph 6 of this Lease, creates unreasonable noise levelsexcept for those additions or modifications which are Landlord’s sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, or is building codes, regulations and ordinances in violation effect on the Commencement Date of any applicable Legal Requirements (defined below)this Lease.

Appears in 1 contract

Samples: Lease Agreement (Skechers Usa Inc)

Use. Tenant warrants and represents to Landlord that Lessee shall use the Leased Premises shall be used and occupied only Yard solely for the parking/storage of the vehicles and equipment described in and in accordance with the terms of Addendum 1 hereto attached to this lease agreement and for no other purpose as set forth in Section 1.10 without written permission from Lessor. In connection with its use, Xxxxxx shall at his/her own expense promptly comply with all applicable laws, ordinances, rules and regulations of this Lease. Tenant shall occupy the Leased Premises, conduct its business any public authority and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businessannoy, distribute handbills obstruct, or display merchandise within interfere with the Common Areasrights of other Lessees of the Yard. Tenant Lessee shall create no nuisance nor allow any objectionable fumes, noise, or vibrations to be emitted from the Yard. Lessee shall not permit conduct any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in activities that will increase Lessor's insurance rates for any portion of the Property Yard or otherwise interfere withthat will in any manner degrade or damage the reputation of Lessor. Lessee shall keep and maintain the Space in a clean orderly condition at all times and upon the termination of the lease shall surrender the Space to Lessor in as good condition as when received, annoy or disturb ordinary wear and tear by the elements alone excepted. Lessee shall be responsible for any repairs caused by negligence on the part of Lessee. Lessee shall not sub-lease the Space in the Yard and shall not use the leased space of any other tenant in its normal business operations or Landlord in its management Lessee nor allow anyone, whether a Lessee of the PropertyYard or not, to use Lessee's Space. Tenant Lessee shall neither permit hold title to and be the legal owner of the vehicle and/or any waste other items described on Addendum 1 of this lease. Lessee must obtain approval from Lessor to store a different vehicle or additional vehicles or equipment other than the Leased Premises nor allow one described in Addendum 1 of this lease. The storage of cars, pick-up trucks, sport utility vehicles, trucks, utility trailers, and approved storage containers are solely allowed at the Leased Premises discretion of the Lessor. All items must be listed on Addendum 1. Lessee must provide license number and make and model of all vehicles. The storage of such vehicles may be revoked at any time by the Lessor, however if all other conditions of the Lease are met, leases for such vehicles will be honored by the Lessor until the Lease is terminated by the Lessee. All vehicles must be kept in good and useable condition. Lessee shall remain a resident of Xxxxxxxxxxx for the term of the lease. Use of the Space must be relinquished at the time the Lessee ceases to be used in any way which would, in a resident of Xxxxxxxxxxx. Lessor retains the opinion right to require Lessee to move to another space within the Yard provided Lessor gives Lessee written notice of Landlord, be extra hazardous on account of fire such requirement at least ten days prior to such movement. Xxxxxx is obligated to move to the space requested. Lessor is not obligated to provide a space equal to or which would in any way increase larger than the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)one previously occupied.

Appears in 1 contract

Samples: Recreational Vehicle Storage Yard Lease

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease1.11 above and for no other purposes without Landlord’s express prior written consent. Except as otherwise expressly noted herein, Tenant shall occupy be solely responsible for securing all necessary and appropriate permits, licenses and approvals from all governmental authorities having jurisdiction for the Leased use of the Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businessdo or permit anything to be done in or about the Premises which in any way will obstruct or interfere with the rights of any other occupants of the Building, distribute handbills or display merchandise within use or allow the Common AreasPremises to be used for any improper, immoral, unlawful or objectionable purpose or which could injure the reputation of the Building or otherwise violate any recorded covenant or restriction affecting the Building. Tenant shall not cause or maintain or permit any operation which emits nuisance or commit or suffer the commission of any odor waste in, on or matter which intrudes into other portions of about the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyBuilding. Tenant shall neither permit not place a load upon any waste on floor of the Leased Premises nor allow which exceeds the Leased Premises floor load per square foot which such floor was designed to carry. Landlord represents that the floor load is not more than _____ lbs/sf. Except as otherwise expressly noted herein, Tenant acknowledges that it shall be used in any way which wouldthe sole responsibility of Tenant to secure all necessary permits, in licenses and approvals from all governmental authorities having jurisdiction for the opinion operation of LandlordTenant’s business. Notwithstanding the foregoing, Landlord shall be extra hazardous on account responsible to secure the Certificate of fire or which would in any way increase Occupancy for the cost of or render void the fire insurance on the PropertyPremises. Tenant may agrees that all loading and unloading of goods shall be made at such places as are designated by Landlord and all loading and unloading operations shall be conducted so as not use to obstruct or allow or permit hinder the Leased Premises to be used in any way or for any purpose that is visible from the exterior operation of the Leased Premises, adversely affects ventilation in other areas businesses of the Building, creates unreasonable elevator loads, causes structural loads other users. The Premises may be open to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)the public and Tenant’s customers and invitees only during normal business hours.

Appears in 1 contract

Samples: Commercial Lease

Use. Tenant warrants and represents to Landlord that the Leased A. The Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this LeasePermitted Use and for no other purpose. Tenant shall occupy agrees not to use or permit the Leased Premisesuse of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to interfere with or disturb other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its the management of the Property. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, condition, configuration or occupancy of the Premises. Tenant shall neither permit not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any waste on dangerous or hazardous materials, except for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the Leased Premises nor allow same in compliance with all applicable law. Tenant, at its expense, will comply with the Leased Premises to be used in any way which would, in rules and regulations of the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and uniformly enforced against all tenants at the Property, and Tenant will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant may in writing, will not use or allow or permit diminish Tenant’s rights under this Lease, and will not prohibit Tenant from conducting its business for the Leased Premises to be used uses permitted by this Lease in any way or for any purpose that is visible from a commercially reasonable manner. In the exterior event of a conflict between the Leased Premisesrules and regulations and the terms of this Lease, adversely affects ventilation the terms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)a discriminatory manner.

Appears in 1 contract

Samples: Office Lease Agreement (Lpath, Inc)

Use. Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for the purpose as Permitted Uses set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises1.01(e) hereof, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurposes. Tenant shall not solicit businessuse or permit the Premises or any portion thereof to be used for any purpose other than the Permitted Uses or for any unlawful purpose or in any unlawful manner, distribute handbills and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or display merchandise within subleases with third party vendors of Tenant’s choice for the Common Areaspurpose of operating any of the facilities referred to in the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in the Premises, nor bring or keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do anything in or about the Premises and/or Project which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Project. Tenant shall not permit any operation which emits any odor nuisance in, on or matter which intrudes into other portions of about the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyPremises. Tenant shall neither permit not commit or suffer to be committed any waste on in or upon the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. Tenant warrants The Premises are to be used for a bank and represents to Landlord that incidental or related uses, and for no other business or purpose without the Leased Premises prior written consent of Landlord, which shall not be unreasonably withheld. No use shall be made or permitted to be made of the Premises, nor acts done in or about the Premises, which will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of the Premises which has been or is subsequently enacted or promulgated by any public authority, or which will increase the existing rate of insurance upon the building, or cause a cancellation of any insurance policy covering the building or any part thereof, nor shall Tenant sell, or permit to be kept, used and occupied only for or sold in or about the purpose as set forth Premises, any article which may be prohibited by the standard form of fire insurance policy. Tenant shall not commit, or suffer to be committed, any waste upon the Premises or, any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in Section 1.10 the building, nor use any apparatus, machinery or device in or about the Premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this Lease. Tenant shall occupy further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the Leased Premisesconsent of Landlord, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant which consent shall not solicit businessbe unreasonably withheld. So long as Tenant complies with all present and future ordinances and statutes relating thereto, distribute handbills or display merchandise within Landlord agrees not to unreasonably withhold consent for installation by Tenant, on the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions roof of the Real Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises telecommunications equipment to be used in any way which would, exclusively by Tenant only in the opinion furtherance of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Tenant's business.

Appears in 1 contract

Samples: Lease (Northern Empire Bancshares)

Use. Tenant warrants and represents to Landlord that the Leased (a) The Premises shall be used and occupied only for the purpose as set forth in Section 1.10 Item 18 of this Leasethe Basic Lease Provisions and for reasonable and customary uses ancillary thereto, and shall not be used for any other purpose. Landlord shall have the right to deny its consent to any change in the permitted use of the Premises in its sole and absolute discretion. (b) Outside storage including, without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, subject to applicable Legal Requirements, Tenant shall have the right to locate its cooling equipment and backup generators in the truck court directly behind and outside the Premises as shown on Exhibit A, so long as there is no interference with the access of other tenants to the Building parking lots and truck courts. Tenant shall occupy obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businesscomply with all existing and future governmental laws, distribute handbills or display merchandise within ordinances and regulations applicable to the Common Areasuse of the Premises, as well as all requirements of Landlord’s insurance carrier. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or which would disturb or endanger any odor or matter which intrudes into other portions tenants of the Property, or unreasonably interfere with such other tenants’ use of their respective space. Tenant shall not receive, store or otherwise handle any apparatus product, material or machine merchandise which makes undue noise is explosive or causes vibration highly inflammable. - 5 - (c) If any Legal Requirement shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant, shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building and/or the Premises is determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Property as of the Commencement Date and such non-compliance is not related to Tenant’s particular use or occupancy of the Premises, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property and/or the Premises required by such governmental agencies so that the Property and/or the Premises complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title Ill of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to time, including, without limitation, all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (excluding the Premises), which require Landlord to make capital expenditures or repairs to the Property (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the tenants in the Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees to maintain the Property (except the Premises) in compliance with all Legal Requirements. (d) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the State or the city or county in which the Property is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Tenant shall not place weight upon any portion of the Property Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Legal Requirements) to carry or otherwise interfere with, annoy use any Building system in excess of its capacity or disturb in any other tenant in its normal business operations manner which may damage such system or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below). 4.

Appears in 1 contract

Samples: Agreement of Lease

Use. After the Commencement Date and during the Term, Tenant warrants and represents --- shall use or cause to Landlord that be used the Leased Premises shall Property and the improvements thereon for its Primary Intended Use and for such other uses as may be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in necessary or incidental to such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit business, distribute handbills use the Leased Property or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb thereof for any other tenant in its normal business operations or Landlord in its management of use without the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion prior written consent of Landlord, which consent shall not be extra hazardous on account of fire unreasonably withheld. No use shall be made or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises permitted to be used in any way or for any purpose that is visible from the exterior made of the Leased PremisesProperty, adversely affects ventilation and no acts shall be done, which will cause the cancellation of any insurance policy covering the Leased Property or any part thereof, nor shall Tenant sell or otherwise provide to patrons, or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, or any other areas insurance policies required to be carried hereunder, or fire underwriters regulations. Tenant shall, at its sole cost, comply with all of the Building, creates unreasonable elevator loads, causes structural loads requirements pertaining to be exceeded, creates unreasonable noise levels, the Leased Property or is in violation other improvements of any applicable Legal Requirements (defined below)insurance board, association, organization or company necessary for the maintenance of insurance, as herein provided, covering the Leased Property and Tenant's Personal Property. Landlord and Tenant acknowledge that Landlord has acquired the Leased Property subject to the terms of the Existing Instruments and that Tenant will be obligated to perform all obligations under the Existing Instruments during the Term.

Appears in 1 contract

Samples: Executive Original (National Golf Properties Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of general office use, receiving, storing, servicing, shipping, product preparation, grocery store services (other than on-site retail) and selling (other than by on-site retail) products, materials, alcoholic beverages and merchandise made and/or distributed by Lessee and for such other lawful purposes as set forth may be incidental thereto. Outside storage, (excluding storage of trucks and other vehicles and the washing thereof) at any time is prohibited without Lessor's prior written consent. Lessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for such use (including, but not limited to, a Certificate of Occupancy), in Section 1.10 regard to Lessee's tenant improvements, if required), shall at all times maintain the Premises in a clean, healthful and safe condition and comply with all governmental laws, codes, ordinances, regulations or any other applicable authorities with regard to the use, condition or occupancy of this Leasethe Premises including, without limitation, the ADA. Tenant Lessee shall occupy be responsible, at Lessee's sole cost and expense, for the Leased Premisescorrection, conduct its business prevention, and control its agentsabatement of nuisances in or upon, employeesor connected with, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance the Premises to other tenants in the Propertyextent caused by Lessee. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant Lessee shall not permit any operation which emits unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, vibrations, or pest infestations to emanate from the Premises, nor take any odor other action that would constitute an unreasonable nuisance or matter which intrudes into other portions of the Propertywould unreasonably disturb, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise unreasonably interfere with, annoy or disturb endanger Lessor or any other tenant in its normal business operations or Landlord in its management lessees of the Propertybuilding or project of which the Premises are a part, excepting pre-existing conditions and Substances. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not Lessee's use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased PremisesPremises shall at all times comply with the insurance provisions in Paragraph 9C hereof. Lessee agrees that the point pressure resulting from Lessee's racking system, adversely affects ventilation in other areas inventory, forklifts and equipment pertaining to Lessee's use of the BuildingPremises shall not exceed allowable design floor loading for floor slabs on grade (provided Lessor shall inform Lessee in writing of the allowable design floor loading). Lessee shall hold harmless Lessor from any loss, creates unreasonable elevator loadsliability, causes structural loads to be exceededand expenses, creates unreasonable noise levelsboth real and alleged, or is in violation arising out of any applicable Legal Requirements (defined below)damage or repair caused by Lessee's negligence or failure to comply with this paragraph.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Use. The Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for the purpose as purposes set forth in Section 1.10 above and for no other purpose. The Tenant shall comply with all laws, orders, and regulations of this Leasethe Federal, State, and Municipal Governments, or any of their departments, and the regulations of the Board of Fire Underwriters governing such use. Tenant shall occupy procure and maintain in force during the Leased Term all permits, authorizations, and licenses necessary for Tenant's business use and operation in the premises. Tenant covenants that neither it nor any assignee nor subtenant will (a) use or permit to be used any part of the Premises for any dangerous or noxious trade or business, (b) transport to or from, dispose of, use, store, handle, or generate any flammable substances or explosives or hazardous or toxic substances in quantities or concentration which are unsafe or otherwise not suitable for the Premises, conduct its business (the foregoing shall not be construed to prohibit Tenant from using the Premises for reasonable and control its agentssuitable laboratory purposes, employeesprovided accepted laboratory safety procedures and precautions appropriate to the Premises are employed), invitees and visitors in such a manner as is lawfulor (c) cause or maintain any nuisance, reputable and will not create a nuisance waste, or injury to other tenants in the PropertyPremises. Tenant shall not solicit businessconform to the Rules and Regulations now or hereinafter established by Landlord, distribute handbills or display merchandise within and changed from time to time, for the Common Areasgeneral safety, care, and cleanliness of the entire Premises; the preservation of good order therein; and the comfort, quiet, and convenience of the other tenants. The Tenant shall not permit any operation which emits any odor without Landlord's written consent: (a) abandon the Premises or matter which intrudes into other portions of suffer the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldbecome vacant or deserted; (b) assign, mortgage, pledge or encumber this Lease, in whole or in part; (c) underlet or sublet the opinion of Landlord, be extra hazardous on account of fire Premises or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)part thereof.

Appears in 1 contract

Samples: Lease Agreement (Paracelsian Inc /De/)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for general office purposes, --- computer and telecommunications equipment room (including, without limitation, collocation services to Tenant's customers) and for no other use or purpose without the purpose prior written consent of Landlord. Except as set forth otherwise permitted in Section 1.10 of this Lease, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall occupy at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Landlord represents to the Leased best of its knowledge and belief that applicable governmental laws, ordinances and regulations permit the use of the Premises for general offices and computer and telecommunications equipment room, and that the Premises is in compliance with all such applicable laws, ordinances and regulations. During the Demised Term, Landlord shall comply with all such applicable governmental laws, ordinances and regulations regarding the Premises, conduct the Building and the Land except to the extent Tenant must comply under this Paragraph. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its business specific use of the Premises, and control shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant or its agents, employees, customers or invitees and visitors in such a manner as is lawfulor upon, reputable and will not create a nuisance to other tenants in or connected with, the Property. Tenant shall not solicit businessPremises, distribute handbills or display merchandise within the Common Areasall at Tenant's sole expense. Tenant shall not permit any operation which emits any odor objectionable or matter which intrudes into other portions of the Propertyunpleasant odors, use any apparatus or machine which makes undue smoke, dust, gas, noise or causes vibration in vibrations to emanate from the Premises, nor take any portion of the Property other action which would constitute a nuisance. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose or in any manner (including, without limitation, any method of storage) which would render the insurance thereon void or the insurance risk more hazardous (unless Tenant agrees to pay any increased premiums) or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances; provided, however, that is visible from the exterior of the Leased PremisesTenant may use materials or substances in small quantities as are typically used in an office building and in a telecommunications and computer equipment room, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)and materials required for cleaning and maintaining computer and telecommunications equipment and batteries and fuel for Tenant's equipment and fixtures.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Use. (a) Tenant warrants and represents may use the Premises for any lawful purpose other than any use that will (i) have a material adverse effect on the value of the Premises, (ii) materially increase the likelihood that Tenant, Landlord or Lender would incur liability under any provisions of the Act referred to Landlord that the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 Paragraph 27 of this Lease, or (iii) result or give rise to any material environmental deterioration or degradation of the Premises. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any recorded covenants, restrictions or agreements applicable to the Premises. Tenant shall occupy the Leased Premisesagrees that with respect to any such recorded covenants, conduct its business and control its agentsrestrictions or agreements, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businessobserve, distribute handbills or display merchandise within perform and comply with and carry out the Common Areasprovisions thereof required therein to be observed and performed by Landlord. (b) Subject to Tenant's rights of contest under Paragraph 18 hereof, Tenant shall not permit any operation which emits unlawful occupation, business or trade to be conducted on any odor or matter which intrudes into other portions of the PropertyPremises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Subject to Tenant's rights of contest under Paragraph 18 hereof, use Tenant shall not use, occupy or permit any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Premises, in a manner which would (i) violate any certificate of occupancy or equivalent certificate affecting any of the Premises, (ii) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Premises, (iii) affect in any way manner the ability of Tenant to obtain any insurance which wouldTenant is required to furnish hereunder, in the opinion of Landlord, be extra hazardous on account of fire (iv) cause any injury or which would in damage to any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased PremisesImprovements unless pursuant to Alterations permitted under Paragraph 11 hereof, adversely affects ventilation in other areas or (v) constitute a public or private nuisance or waste. (c) Subject to all of the Buildingprovisions of this Lease, creates unreasonable elevator loadsso long as no Event of Default exists hereunder, causes structural loads Landlord covenants that neither it nor any party claiming by, through or under it, shall do any act to be exceeded, creates unreasonable noise levels, or is in violation disturb the peaceful and quiet occupation and enjoyment of the Premises by Tenant. Landlord may enter upon and examine any applicable Legal Requirements (defined below)of the Premises at reasonable times after reasonable notice and during business hours without notice and exercise any rights and privileges granted to Landlord under the provisions of this Lease. 9.

Appears in 1 contract

Samples: Ace Hardware Corp

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose as Permitted Uses set forth in Section 1.10 --- the Basic Lease Information and for no other uses. Tenant's use of this Leasethe Premises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall occupy comply with --------- the Leased Premises, conduct its business reasonable rules and control its agents, employees, invitees and visitors in such a manner regulations as is lawful, reputable and will not create a nuisance Landlord may from time to other tenants in the Propertytime prescribe. Tenant shall not solicit businesscommit waste, distribute handbills overload the floors or display merchandise within structure of the Common AreasPremises, subject the Premises or the Project to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants of the Project, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, the parking areas on the Premises. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not permit do any operation act which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, encumber the title of Landlord in and to the opinion of Landlord, be extra hazardous on account of fire Premises or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Project.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Use. Tenant warrants shall use the Premises for general office purposes and represents purposes incident thereto, and shall not use or permit the Premises to Landlord that the Leased Premises shall be used and occupied only for any other purpose without the purpose as set forth in Section 1.10 prior written consent of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyLandlord. Tenant shall not solicit businessuse or occupy the Premises in violation of any recorded covenants, distribute handbills conditions and restrictions affecting the Site or display merchandise within of any law or of the Common AreasCertificate of Occupancy issued for the Building of which the Premises are a part, and shall, upon seven (7) business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant may not offer shared tenant services, such as, but not limited to, telecommunications, data processing or word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall not permit any operation which emits any odor interfere with radio or matter which intrudes into other portions of television broadcasting or reception from or in the Property, use any apparatus Building or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertyelsewhere. Tenant shall neither comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any waste on fire, extended coverage or any other insurance policy covering the Leased Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon written 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 Paragraph 8. Tenant shall not do or permit anything to be done in or about the Premises nor which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first-class condition, repair, and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any way which wouldother space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Landlord, at Landlord’s option and at Tenant’s expense (payable promptly upon written demand as additional rent), shall be responsible for all structural engineering required to determine structural load. The following uses of the Premises or the Project shall be prohibited in all events under this Lease without Landlord’s express prior written approval: (i) use of unreasonable (i.e. more than one employee per 200 square feet of space) numbers, substantially disproportionate to general office use, of computers, printers, copiers, facsimile, telex, and/or telecopy machines, and other electronic equipment constituting, in the opinion of Landlord’s reasonable judgment, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance a burden on the Property. electrical, HVAC, structural, mechanical, or other Building or Project systems in excess of that usual and customary for Tenant’s permitted use and (ii) any access, use; operations, installations, or other activities of Tenant may not use on the roof or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in walls and other areas of the BuildingBuilding or the Project, creates unreasonable elevator loadsincluding, causes structural loads to be exceededwithout limitation, creates unreasonable noise levelssatellite, microwave, telecommunications, data processing, television, short wave, weather, or is in violation of any applicable Legal Requirements (defined below)other transmitting or receiving or related equipment.

Appears in 1 contract

Samples: Office Lease

Use. Tenant warrants and represents to Landlord that the Leased Premises The premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, Tenant's use of the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, not take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is visible from the exterior caused by Tenant's use and occupancy of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelspremises, or is if Tenant vacates the premises and causes an increase in violation such premiums, then Tenant shall pay as additional rental the amount of any applicable Legal Requirements (defined below)such increase to Landlord.

Appears in 1 contract

Samples: Commercial Lease Agreement (Microage Inc /De/)

Use. Tenant warrants may use the Premises for any lawful purpose. Landlord and represents its agents and designees may enter upon and examine the Premises at reasonable times, subject to Landlord the provisions of Section 10.15. In no event shall the Premises or any portion thereof be used for any purpose which violates any of the provisions of this Lease, including but not limited to, provisions with respect to compliance with Legal Requirements (as defined in Section 2.2(b) hereof) and other recorded covenants, restrictions or agreements which are applicable to the Premises. Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner which would (i) violate any certificate of occupancy or equivalent certificate affecting the Premises or violate any zoning or other law, ordinance or regulation, (ii) make void or voidable any insurance then in effect with respect to the Premises, (iii) materially and adversely affect in any manner the ability of Tenant to obtain fire and other insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to the Improvements which is not repaired in accordance with the provisions of this Lease, or (v) constitute a public or private nuisance or waste; provided that all of the Leased Premises foregoing shall be used and occupied only for qualified to the purpose as set forth extent otherwise provided elsewhere in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, not conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants operation in the Property. Tenant shall not solicit businessPremises unless and until (and only during such time as) all necessary certificates of occupancy, distribute handbills permits, licenses and consents from any or display merchandise within all appropriate governmental authorities applicable to the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the PropertyPremises have been obtained by Tenant, use any apparatus or machine which makes undue noise or causes vibration at Tenant's sole cost and expense, and are in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)full force and effect.

Appears in 1 contract

Samples: Lease Agreement (Dictaphone Corp /De)

Use. Tenant warrants agrees to use the Premises for general office purpose, and represents Tenant agrees not to Landlord that use or permit the Leased use of the Premises shall be used and occupied only or any part thereof for the purpose as set forth in Section 1.10 of this Leaseany other purpose. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will agrees not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills do or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used done in or about the Premises or the Building, or to bring or keep or permit to be brought or kept in or about the Premises or the Building, anything that is prohibited by or will in any way which wouldconflict with any law, statute or governmental regulation now or hereafter in effect, or that would subject Landlord or Landlord’s agents to any liability, or that is prohibited by the opinion of Landlord, be extra hazardous on account standard form of fire insurance policy, or which would that will in any way increase the cost existing rate of (or render void the otherwise affect) fire or any other insurance on the PropertyBuilding or any of its contents. If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord, as additional rent, upon demand the amount of such increase. Tenant may agrees not to do or permit to be done anything in, on or about the Premises or the Building that will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow or permit the Leased Premises to be used in any way or for any purpose improper, immoral, unlawful or objectionable purpose. Tenant agrees not to cause, maintain or permit any nuisance in, on or about the Premises or the Building, or to use or permit to be used any loudspeaker or other device, system or apparatus that is visible from can be heard outside the exterior Premises without the prior written consent of Landlord or to permit any objectionable odors, bright lights or electrical or radio interference that may annoy or interfere with the rights of other tenants of the Leased Building or the public. Tenant agrees not to commit or suffer to be committed any waste in or upon the Premises, adversely affects ventilation in other areas . The provisions of this Paragraph 6 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Sublease Agreement (Invitae Corp)

Use. Tenant warrants shall use the Premises for Office/production/warehousing and represents incidental uses and hereby agrees that it has determined to Landlord its satisfaction that the Leased Premises shall can be used and occupied only for the purpose as set forth in Section 1.10 of this Leasethose purposes. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance waives any right to other tenants terminate this lease in the Propertyevent the Premises cannot be used for such purposes during the Lease term. The premises may not be used for any other purpose without Landlord's written consent. Tenant shall not solicit business, distribute handbills do or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises anything to be used done in any way or about the Premises or bring or keep anything therein which would, in the opinion of Landlord, be extra hazardous on account of fire or which would will in any way increase the cost existing rate of or render void affect any fire or other insurance upon the fire Building or any of its contents, or cause cancellation of insurance on policy covering the Property. Tenant may not Building or any part thereof or any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them or use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from improper, immoral, unlawful or objectionable purpose. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Leased Premises any signs, symbols, drapes or other materials without written consent of Landlord. Tenant shall not, without Landlord's prior written consent, keep any substances designated as, or containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, adversely affects ventilation common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other areas charges, fees, fines expenses and penalties relating to the use, storage, disposal, transportation, generation or sale by Tenant (or its employees, agents, contractors or invitees) of hazardous substances on the Premises. Landlord gives Tenant and its employees, authorized representatives, and business invitees a nonexclusive right to the reasonable use and enjoyment of the BuildingCommon Areas, creates unreasonable elevator loads, causes structural loads subject to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Landlord's rights set forth herein.

Appears in 1 contract

Samples: Scolr Inc

Use. Tenant warrants shall procure, at its sole cost and represents to Landlord that expense, any and all permits required by applicable Law for Tenant's use and occupancy of the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this LeasePremises. Tenant shall occupy use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants Premises solely for the Permitted Use specified in the PropertySummary, and shall not use or permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval, which shall not be unreasonably withheld. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to Tenant’s specific use or occupancy of the Premises now or hereafter in force or relating to any alteration or improvement of the Premises by Tenant (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not solicit businessuse or allow the Premises to be used for any improper, distribute handbills unlawful or display merchandise within the Common Areasreasonably objectionable purpose. Tenant shall not do or permit any operation which emits any odor to be done anything that will obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the Building or the Property, use any apparatus if any, or machine which makes undue noise injure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertythem. Tenant shall neither not cause, maintain or permit any waste nuisance in, on or about the Leased Premises Premises, the Building or the Property, nor allow the Leased Premises commit or suffer to be used in committed any way which wouldwaste in, in on or about the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Use. (a) Tenant warrants shall use the Premises only for the use set forth in Subparagraph 1(n), and represents shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Leased Premises are suitable for a particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be used a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and occupied only for the purpose as set forth are accordingly reflected in Section 1.10 of rental payments and other consideration under this Lease. Tenant shall occupy comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the Leased provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, conduct its business and control its agents, employees, invitees and visitors (ii) do or permit anything to be done in such a manner as is lawful, reputable and or about the Premises which will not create a nuisance to in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof, provided that Landlord shall not adopt or agree to any restrictions that materially interfere with the operation of Tenant’s business in the PropertyPremises as permitted under this Lease or any rights of Tenant under this Lease. Tenant shall not solicit business, distribute handbills commit or display merchandise within suffer to be committed any waste in or upon the Common AreasPremises and shall keep the Premises in the condition required under Paragraph 15(a). Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the Propertylive load. Landlord reserves the right to prescribe the weight and position of all files, use any apparatus safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or machine which makes undue noise that may be transmitted to the Building structure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb to any other tenant space in its normal business operations the Building or Landlord in its management of the PropertyProject shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises be responsible for all structural engineering required to be used in any way which would, determine structural load in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease Agreement (Synbiotics Corp)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall may be used and occupied only for the purpose as set forth of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes in Section 1.10 accordance with the applicable zoning requirements and ordinances. Notwithstanding the foregoing, Tenant may use the premises for limited and occasional retail purposes provided (a) such use may not violate any applicable laws, zoning ordinances or other rules or regulations and (b) Tenant must be the only tenant in the Building. If there is ever another tenant in the Building, retail use of this Leaseany type must be approved in writing by Landlord using commercially reasonable judgment. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, provided Tenant may park trucks, trailers, and other vehicles in the truck court or other areas designated by Landlord for trailer storage, subject to the fooling requirements: (i) all trucks, trailers and other vehicles shall be parked in an organized manner with a neat appearance; (ii) no vehicle shall remain parked at the Premises for more than one week; (iii) Tenant shall comply with all applicable rules, regulations and laws, including all local zoning ordinances that relate to the parking of vehicles at the Premises; (iv) Tenant shall not permit the parking of vehicles, trucks or trailers on any streets or access routes to the Premises; and (v) Tenant shall comply with the reasonable rules and regulations of Landlord relating to parking and ingress and egress to the Premises. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in such a manner as is lawful, reputable all licenses and will not create a nuisance to other tenants in the Propertypermits necessary for Tenant's operations. Tenant shall not solicit businessshall, distribute handbills at Tenant's sole expense, promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises and related to Tenant's use or occupancy thereof. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor allow pests or vermin in the Premises nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the PropertyProject or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Upon obtaining actual knowledge, Tenant shall immediately notify Landlord of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation presence of any applicable Legal Requirements (defined below)prohibited items on or around the Premises.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Use. Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased PremisesAgreed Use, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurpose. Tenant shall not solicit businessuse or permit the Premises to be used for any other purpose without Landlord’s prior written consent, distribute handbills which may be granted or display merchandise within the Common Areaswithheld in Landlord’s sole discretion. Tenant shall not use or permit the use of the Premises, or suffer or permit any operation which emits person or persons to use the Premises or any odor part thereof for any purposes or matter which intrudes into other portions in a manner that is unlawful, creates damage, waste or disturbs owners and/or occupants of, causes damage to, neighboring properties, or in any way that is contrary to any rules and regulations Landlord may require of Tenant, as the same may be amended by Landlord from time to time, or in violation of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion laws of the Property United States of America, the State of California, the ordinances, regulations or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management requirements of the Propertylocal municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, the “Applicable Requirements”). Tenant shall neither not do or permit anything to be done in or about the Premises which will in any waste on way damage the Leased Premises nor reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Leased Premises to be used in for any way which wouldimproper, in unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the PropertyPremises. Tenant may not shall comply with, and Tenant’s rights and obligations under the Lease and Tenant’s use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased PremisesPremises shall be subject and subordinate to, adversely affects ventilation all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. At its sole cost and expense, Tenant shall promptly comply with all such Applicable Requirements, including, without limitation, Applicable Requirements in other areas effect to limit the spread of Infectious Conditions for itself and its employees, agents, contractors and invitees. Tenant will obtain and pay for all licenses and permits (including any business licenses) required for Tenant’s use and occupancy of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Premises.

Appears in 1 contract

Samples: Commercial Lease (NantKwest, Inc.)

Use. Tenant warrants and represents to Landlord that the Leased Premises The premises shall be used and occupied only for the purpose of receiving, storing, assembling, preparing for sale, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of this Leasetractor trailers perpendicular to and abutting Tenant's loading docks is permitted. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other actior. which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is visible from the exterior caused by Tenant's use and occupancy of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelspremises, or is if Tenant vacates the premises and causes an increase in violation such premiums, then Tenant shall pay as additional rental the amount of any applicable Legal Requirements (defined below)such increase to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises The demised premises shall be used and occupied only for the purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto, and subject to any building or building complex rules and regulations. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordianances and regulations applicable to the use of the premises, and shall promptly comply with all government orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use Tenant shall not receive, store or otherwise handle any apparatus product, material or machine merchandise which makes undue noise is explosive or causes vibration highly flammable. Tenant will not permit the premises to be used for any purpose or in any portion manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other Tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the Property premises, or otherwise interfere withif Tenant vacates the premises and causes an increase in such premiums, annoy or disturb any other tenant in its normal business operations or Landlord in its management then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklift and equipment pertaining to Tenant's use of the Propertypremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall neither permit hold harmless Landlord from any waste on the Leased Premises nor allow the Leased Premises loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)comply with this paragraph.

Appears in 1 contract

Samples: Lease Agreement (Tekgraf Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Sublet Premises shall be used and occupied only for the purpose of manufacturing, storing and distributing airplane parts and aircraft welded assemblies, and storing, cutting and distributing metal plates for aircraft, and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto, including general office use. Outside storage is prohibited without Sublessor's prior written consent. Sublessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of this Lease. Tenant shall occupy the Leased Sublet Premises, conduct its business including, without limitation, all applicable federal, state and control its agentslocal laws, employeesregulations or ordinances pertaining to air and water quality, invitees any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and visitors other environmental matters, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of conditions or nuisances in such a manner as is lawfulor upon, reputable and will not create a nuisance to other tenants in or connected with, the PropertySublet Premises, all at Sublessee's sole expense. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant Sublessee shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Sublet Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the Sublet Premises are situated or unreasonably interfere with their use of their respective premises. Without Sublessor's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Sublessee shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of highly flammable. Sublessee will not permit the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Sublet Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would (i) cause the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads existing fire sprinkler system to be exceeded, creates unreasonable noise levelsinadequate under existing laws and codes, or is in violation (ii) render the insurance thereon void or cause the insurance premiums to increase or cause the State Board of Insurance or other insurance authority to disallow any applicable Legal Requirements (defined below)sprinkler credits.

Appears in 1 contract

Samples: Sublease Agreement (Air Industries Group, Inc.)

Use. Tenant warrants shall use the Premises only in conformance with applicable --- governmental laws, regulations, rules and represents to Landlord that the Leased Premises shall be used and occupied only ordinances for the purpose as set forth of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Section 1.10 of this Lease. Tenant shall occupy the Leased Premisesaccordance with all applicable governmental laws and ordinances, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurpose. Tenant shall not solicit business, distribute handbills do or display merchandise within permit to be done in or about the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises bring or keep or permit to be used brought or kept in any way or about the Premises anything which would, in the opinion of Landlord, be extra hazardous on account of fire is prohibited by or which would will in any way increase the cost existing rate of (or render void otherwise affect) fire or any insurance covering the fire Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance on covering the PropertyPremises or any part thereof, or any of its contents. Tenant may shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of neighboring premises or injure or annoy them, or use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the exterior Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Leased Premisesbuilding, adversely affects ventilation in or overload existing electrical or other areas mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the BuildingPremises including the outside of the building, creates unreasonable elevator loadsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, causes structural loads supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be exceededplaced near the glass of any window, creates unreasonable noise levelsdoor partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or is in violation liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any applicable Legal Requirements (defined below)tenant or occupant of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Egain Communications Corp)

Use. Tenant warrants and represents to Landlord that the Leased A. The Premises shall be used used, to the extent permitted by applicable law, and occupied only for the purpose of receiving, storing, manufacturing, shipping, and selling (other than retail) products, materials, and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain and visitors in at all times maintain any and all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances, and regulations applicable to the use of tile Premises and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon, or display merchandise within connected with the Common AreasPremises, all at Tenant's sole expense. Without Landlord's prior written consent, Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Propertyreceive, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property store, or otherwise interfere withhandle any product, annoy material, or disturb merchandise which is explosive or highly inflammable or any other tenant in its normal business operations material which may be corrosive or Landlord in its management of otherwise damaging to the PropertyPremises or any appurtenances thereto or any hazardous substance (as hereinafter defined). Tenant shall neither will not, without Landlord's prior written approval, permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from which would render the insurance thereon void or the insurance risk more hazardous or the premiums therefor more expensive. In the event any such use of the Premises, or any part thereof, whether approved by Landlord or not, shall ever cause the insurance rates for policies carried by Landlord to increase, Tenant shall pay, as additional rent, the full amount by which such insurance rates increase as a result of Tenant's use, without regard to whether such policy covers areas other than the Premises so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Further, Tenant will not introduce into the Premises or use therein any equipment or fixtures which might be reasonably expected, to cause damage to the Premises or unreasonable interference with the occupants of adjacent premises. Additionally, Tenant shall not store any products, materials, or merchandise outside the exterior walls or interior demising walls of the Leased PremisesPremises without Landlord's prior written consent. Tenant shall indemnify, adversely affects ventilation defend and hold Landlord and Landlord's officers, stockholders, employees, agents, invitees, and guests harmless from all damages, costs, losses, expenses (including, but not limited to, reasonable attorneys' fees, engineering fees, and clean-up costs) arising from or attributable to any breach by Tenant of its obligations in other areas this Paragraph 4. Tenant's obligations hereunder shall survive the termination of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)this lease.

Appears in 1 contract

Samples: Lease Agreement (Omniquip International Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises The premises shall be used and occupied only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 may be incidental hereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for its use of this Leasethe Premises. Tenant shall occupy comply with all governmental laws, ordinances and regulations applicable to the Leased use of the Premises, conduct its business and control its agentsshall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, employeesprevention and abatement of nuisances in or upon, invitees and visitors in such a manner as is lawfulor connected with, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businessPremises, distribute handbills or display merchandise within the Common Areasall at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant orders, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the Premises are situated or unreasonably interfere with their use of their respective premises. In addition to any other remedies, use any apparatus or machine which makes undue noise or causes vibration in any portion Landlord shall have the right to have Tenant evicted from the Premises for a breach by Tenant of the Property terms of this Section 3. Without Landlord prior written consent, Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of the Leased PremisesInsurance or other Insurance premiums, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to Tenant shall be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Tango Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises The demised premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances, in or display merchandise within upon, or connected with, the Common Areaspremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is visible from the exterior caused by Tenants use and occupancy of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levelspremises, or is if Tenant vacates the premises and causes an increase in violation such premiums, then Tenant shall pay as additional rental the amount of any applicable Legal Requirements (defined below)such increase to Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Cd Warehouse Inc)

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Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose purposes of receiving, storing, shipping, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors such activities in such a manner as to not constitute a violation of the covenants and deed restrictions of Century Plaza. Outside storage, including, without limitation, trucks and other vehicles, is lawful, reputable and will not create a nuisance to other tenants in the Propertyprohibited without Landlord's prior written consent. Tenant shall not solicit businessobtain, distribute handbills at its own cost and expense, any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or display merchandise within in connection with the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectional or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions Tenants of the Propertybuilding situated on the Premises or unreasonably interfere with their use of their respective Premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner, (including, without limitation, any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of the Leased Premises, adversely affects ventilation in Insurance or other areas of the Building, creates unreasonable elevator loads, causes structural loads insurance authority to be exceeded, creates unreasonable noise levels, or is in violation of disallow any applicable Legal Requirements (defined below)sprinkler credits.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for general business office and administrative purposes, manufacturing and warehousing, research and development and for other legal related uses incidental to the purpose operation of a medical instrumentation company, and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises, except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as set forth office space, and not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof shall be included in or excluded from Operating Costs as provided in Section 1.10 3.2(a)(3) above), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be used to manufacture goods or products, for educational activities, practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Notwithstanding the foregoing, Tenant (including its Affiliates) shall have the right to use from time to time a portion of the Premises for training sessions for Tenant’s employees, and customers so long as the number of people attending such training at any given time comply with the parking limitations contained in Section 35 of this Lease. Tenant shall occupy not, without the Leased Premisesprior consent of Landlord, conduct its business and control its agentsbring into the Building or the Premises anything that may cause substantial noise, employeesodor or vibration, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants overload the floors in the PropertyPremises 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 utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. Tenant shall not solicit businesshonor and comply with the terms of all recorded covenants, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of conditions and restrictions relating to the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease Agreement (Fox Hollow Technologies Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises solely for the Permitted Use. The Premises shall not be used for any other purpose without the prior written consent of Landlord. Subject to Landlord's obligation to deliver the Premises to Tenant in compliance with applicable laws, rules and regulations (except as the same is limited under EXHIBIT B), Tenant shall comply, at Tenant's expense, with (i) all present and future laws, ordinances, 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 having jurisdiction over Tenant's use, occupancy and operations within the Premises, conduct its business and control its agents(ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises. The foregoing notwithstanding, employeesLandlord shall remain responsible for any improvements required by the Americans with Disabilities Act, invitees any by applicable life, fire and visitors safety codes or similar laws, rules and regulations, except (i) Tenant shall be responsible for all of the foregoing to the extent arising out of (A) Tenant's specific use of the Premises, (B) the failure of Tenant Improvement designed by Tenant's architect pursuant to EXHIBIT B to so comply, unless (1) such failure is the result of deviations in construction from Approved Plans, (2) the applicable item within such Approved Plans would have been in compliance with such laws, codes and regulations but for such deviation(s), and (3) such deviation is itself NOT due to the acts or omissions of a manner general contractor, subcontractor or other party designated or selected by Tenant, and/or (C) any Alterations to the Premises made by or on behalf of Tenant, and (ii) Landlord shall have the right to include the expenses associated with any such improvements as is lawful, reputable Operating Expenses to the extent permitted under Sections 7.2 and will not create a nuisance 7.3 of the Lease (and subject to other tenants in the Propertylimitations set forth therein). Tenant shall not solicit businessuse or occupy the Premises in any manner that is unlawful or dangerous or that shall constitute waste, distribute handbills unreasonable annoyance or display merchandise within a nuisance to Landlord or the Common Areasother tenants of the Building. Tenant shall not permit use, store or dispose of any operation which emits any odor hazardous, dangerous, inflammable, toxic or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste explosive materials on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas than Permitted Materials (as defined in, and solely to the extent allowed under, Article 26 of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined belowthis Lease).

Appears in 1 contract

Samples: Pathnet Telecommunications Inc

Use. The premises shall be used only for the purpose of receiving, manufacturing, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant warrants and represents for such other lawful purposes as may be incidental thereto; provided however that Tenant agrees that if the City of Plymouth or any other entity notifies Tenant that manufacturing is in violation of the zoning code of the City of Plymouth, Tenant shall take such steps as necessary to cause the operation of Tenant's business in the Premises to comply with said zoning code; and provided further that Tenant further agrees that any such notification by the City of Plymouth or other entity shall not work a constructive eviction or entitle Tenant to terminate this Lease and there shall be no reduction in base rent or Operating Costs (as hereinafter defined) as a result of such violation and/or such corrective steps. Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance on the Building or the Property void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the Building is caused by Tenant's use and occupancy of the Premises, then Tenant shall pay to landlord as additional rent the amount of such increase. Notwithstanding Tenant's obligation to comply with laws, Tenant shall have no obligation to remedy any instances of noncompliance as to the Building shell which Landlord is obligated to repair pursuant to Paragraph 1 above, and in no event shall Tenant have any liability for toxic or hazardous materials except to the extent caused by Tenant, its agents, servants, contractors, licensees or invitees except, as to such invitees Tenant shall only have liability if Tenant knew or reasonably should have known that its invitee was bringing Hazardous Substances (as defined in Paragraph 26) onto the Property. Operating Costs. Upon demand, Tenant shall pay to Landlord, as additional rent during the term hereof, Tenant's proportionate share of Operating Costs, as hereinafter defined, calculated on the basis of the ratio set forth in Paragraph 4E. As used in this lease, the term "Operating Costs" shall mean any and all expenses, costs and disbursements of any kind and nature whatsoever incurred by Landlord in connection with the ownership, management, maintenance, operation and repair of the Property or the Building which landlord shall pay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred). Operating Costs shall include, without limitation, the costs of maintenance, repairs, and replacements to the Building including roof, walls, downspouts, gutters, painting, and sprinkler systems; the costs of maintaining and repairing parking lots, parking structures and easements; property management fees, salaries, fringe benefits and related costs payable to employees of Landlord whose duties are connected with the Property; insurance costs, all heating and air conditioning costs, electricity, sewer and water and other utility costs not separately metered to tenants, landscape maintenance, trash and snow removal, taxes, as defined in Xxxxxxxxx 0X, and costs and expenses incurred by Landlord in protesting any assessments, levies or the tax rate, provided, however, that Operating Costs shall not include the following: (i) costs of alterations of any tenant's premises; (ii) costs of curing construction defects; (iii) depreciation; (iv) interest and principal payments on mortgages, and other debt costs; (v) real estate brokers' leasing commissions or compensation; (vi) any cost or expenditure (or portion thereof) for which landlord is reimbursed, whether by insurance proceeds or otherwise; and (vii) cost of any service furnished to any other occupant of the Building which landlord does not provide to Tenant hereunder. Notwithstanding anything contained herein to the contrary, depreciation of any structural repairs or replacements to the Building, or of any capital improvements made after the date of this lease which are intended to reduce Operating Costs or of any capital improvements which are required under any governmental laws, regulations, or ordinances which were not applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement, structural repair or replacement shall be reasonably determined by Landlord. In addition, interest on the undepreciated cost of any such improvement, structural repair or replacement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. Notwithstanding anything to the contrary contained in the Lease, Operating Costs shall, in no event, include the following: Repairs or other work occasioned by fire, windstorm or other casualty except the amount of any "deductible" payable under insurance policies and except glass breakage and/or earthquake damage if not insured against, or by exercise of the right of eminent domain; Leasing commissions, attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants; Expenses of renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space; Landlord's costs of electricity and other services sold to tenants of the building and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant, other than that billed as rent escalation; Depreciation; Costs of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment, and capital tools all in accordance with generally accepted accounting principles, except for the yearly amortized portion of said capital costs; Expenses in connection with services or other benefits of a type which are not provided Tenant but which are provided to another tenant or occupant of the Building; Costs incurred due to violation by Landlord or any other tenant of the terms and conditions of this Lease; Overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate; Interest on debt or amortization payments on any mortgage or mortgages, and rental under any ground or underlying leases or lease; or rental or lease payments for parking; Landlord's general corporate overhead and general administrative expenses; Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; All items and services for which Tenant reimburses Landlord or pays third persons; and Advertising and promotional expenditures. Promptly after the commencement of this lease and during December of each year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its estimate of amounts payable under Paragraph 4A for the ensuing calendar year. On or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent one/twelfth (1/12th ) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the first day of the month after the month in which such notice is given. If at any time it appears to Landlord that the Leased Premises amounts payable under Paragraph 4A for the then current calendar year will vary from its estimate by more than five percent (5%). Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be used and occupied only based upon such revised estimate. Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable, Landlord shall deliver to Tenant a summary of the total Operating Costs for the purpose previous calendar year and Tenant's proportionate share thereof. If such summary shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant, Tenant shall pay the deficiency to Landlord, as set forth in Section 1.10 additional rent, within thirty (30) days after delivery of this Leasethe summary. Tenant or its representatives shall occupy have the Leased Premisesright to examine Landlord's books and records of Operating Costs during normal business hours within sixty (60) days following the furnishing of the summary to Tenant. Unless Tenant takes written exception to any item within ninety (90) days following the furnishing of the summary to Tenant (which item shall be paid in any event), conduct its business such summary shall be considered as final and control its agentsaccepted by Tenant. If it is determined that Tenant paid Operating Costs in excess of one hundred and five percent (105%) of actual Operating Costs, employeesLandlord shall pay the reasonable costs of Tenant's audit within thirty (30) days after receipt of copies of invoices with proof of payment detailing such costs. If Landlord selects the accrual accounting method rather than the cash accounting method for operating expense purposes, invitees Operating Costs shall be deemed to have been paid when such expenses have accrued. For purposes hereof the Premises total 27,259 square feet. The Building totals 106,070 square feet. Tenant's "proportionate share" of 25.7% is arrived at by dividing 106,070 into 27,259. Landlord agrees to pay before they become delinquent all taxes, installments of special assessments and visitors in such a manner governmental charges of any kind and nature whatsoever (herein collectively referred to as is lawful, reputable "taxes") lawfully due and will not create a nuisance payable with respect to other tenants in the Building and the Property. Tenant If at any time during the term of this lease, the present method of taxation shall not solicit businessbe changed so that in lieu of the whole or any part of any taxes, distribute handbills assessments or display merchandise within governmental charges levied, assessed or imposed on real estate and the Common Areas. Tenant improvements thereon, there shall not permit be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents for the present or any operation which emits any odor future building or matter which intrudes into other portions of buildings on the Property, use any apparatus then all such taxes, assessments, levies or machine which makes undue noise charges, or causes vibration in any portion of the Property part thereof so measured or otherwise interfere withbased, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises be deemed to be used included within the term "taxes" for the purposes hereof. Landlord's Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and any way which wouldcasualty covered by the provisions of Paragraph 12A excepted, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas all parts of the Building, creates unreasonable elevator loadsother than tenants' premises, causes making all necessary repairs and replacements, whether ordinary or extraordinary, structural loads to be exceededor nonstructural, creates unreasonable noise levelsincluding roof, or is in violation foundation, walls, downspouts, gutters, sprinkler system; regularly mow any grass, remove weeds and perform general landscape maintenance; and maintain and repair the parking lot and driveway areas. Tenant shall immediately give Landlord written notice of any applicable Legal Requirements (defined below)defect or need for repairs after which Landlord shall have a reasonable opportunity to repair the same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant's Responsibilities.

Appears in 1 contract

Samples: Lease Agreement (Protein Design Labs Inc/De)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose as uses set forth in Section 1.10 1 above, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of this LeaseLandlord. Nothing contained herein shall be deemed to give Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in any exclusive right to such a manner as is lawful, reputable and will not create a nuisance to other tenants use in the PropertyBuilding. Tenant shall not solicit businessuse or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, distribute handbills and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or display merchandise within of said Certificate of Occupancy. Tenant shall comply with any direction of any direction of any governmental authority having jurisdiction which shall, by reason of the Common Areasnature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the use or occupation thereof. Tenant shall comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any operation which emits any odor way obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the PropertyProject, or injure or annoy them, or use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in for any way which wouldimproper, in immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the PropertyPremises. Tenant may not shall comply with all restrictive covenants and obligations created by private contracts which affect the use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior and operation of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads the Common Area or the Project. Tenant shall not commit or suffer to be exceededcommitted any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Landlord reserves the right to prescribe the weight and position of all files, creates unreasonable safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or noise levelsthat may be transmitted to the building structure or to any other space in the building shall be so installed, maintained and used by Tenant as to eliminate such vibration or is in violation of any applicable Legal Requirements (defined below)noise. Tenant shall be responsible for all structural engineering required to determine structural load.

Appears in 1 contract

Samples: Heritage Oaks Bancorp

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 10 days’ written notice from Landlord, discontinue any use of the Leased 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, conduct its business and control its agents, employees, invitees and visitors Tenant may continue to operate in the Premises for such a manner as is lawful, reputable and additional period granted by the applicable Governmental Authority. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areascredits. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, adversely affects ventilation in other areas Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined belowincluding, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (ONCOSEC MEDICAL Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose as Permitted Uses set forth in Section 1.10 the --- Basic Lease Information and for no other uses. Tenant's use of this Leasethe Premises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall occupy comply with --------- the Leased Premises, conduct its business reasonable rules and control its agents, employees, invitees and visitors in such a manner regulations as is lawful, reputable and will not create a nuisance Landlord may from time to other tenants in the Propertytime prescribe. Tenant shall not solicit businesscommit waste, distribute handbills overload the floors or display merchandise within structure of the Common AreasPremises, subject the Premises or the Project to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants of the Project, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, the parking areas on the Premises. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not permit do any operation act which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, encumber the title of Landlord in and to the opinion of Landlord, be extra hazardous on account of fire Premises or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Project.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Use. Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for the purpose as Permitted Use set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises1.01(e) hereof, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurposes. Tenant shall not solicit use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, distribute handbills there shall be any increase in the rate of insurance on the Building or display merchandise within its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all times during the Common Areasterm of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of three (3) persons for every one thousand (1,000) square feet of Premises without Landlord's consent. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any operation which emits nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any odor waste in or matter which intrudes into other portions upon the Premises. Without limitation of the Propertyforegoing, use Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any apparatus or machine which makes undue noise or causes vibration in any other portion of the Property Project, any asbestos-containing materials or otherwise interfere withany solid, annoy liquid or disturb gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other tenant applicable environmental law which may now or hereafter be in its normal business operations or effect. If Landlord in its management of does give written consent to Tenant pursuant to the Property. foregoing sentence, Tenant shall neither permit comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any waste on the Leased Premises nor allow the Leased Premises clean up or removal required to be used in any way which wouldperformed with respect to such asbestos-containing, in the opinion of Landlord, be extra toxic or hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)materials.

Appears in 1 contract

Samples: Ivg Corp

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (other than at retail) and fabricating / assembling printed circuit boards and products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto, including headquarters offices and administrative functions of this Leasethe Tenant. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that Landlord consents to the parking of Tenant's trucks (bobtail and tractor-trailer), and the use by Tenant of a trash compactor or similar receptacle, at Tenant's loading docks at the rear of the building. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all other licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding or buildings in which the Premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation, any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances, except as hereinafter provided below. Tenant's permitted use of the Leased Premises shall also include printed circuit board insertion and product assembly operations, soldering and wave-flow operations, sapanofiers in aqueous cleaning operations with recycling system, and conformal coating and painting operations. All of Tenant's operations shall be performed in accordance with acceptable industry standards and shall comply with all environmental regulations. Tenant's permitted use of the Premises shall further include the use, receipt, storage, and handling of: (a) explosive or highly flammable material, as identified by Tenant on Exhibit "C"; and (b) hazardous materials and related waste, and the discharge of gases and fumes (by means of external equipment venting through exhaust curbs), all as identified by Tenant on Exhibit "C". Tenant may, after receipt of Landlord's written consent (which consent shall not be unreasonably withheld), modify the list on Exhibit "C" to include additional materials reasonably required by Tenant in the conduct of its business. Tenant warrants and agrees: (c) to store, as necessary, all flammable substances in UL-approved flammable liquid storage cabinets; and (d) to store all hazardous materials and waste in appropriate containers and at an appropriate location on the Premises, adversely affects ventilation in other areas and to dispose of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)hazardous waste using state-approved and licensed subcontractors.

Appears in 1 contract

Samples: Lease Agreement (Technology Service Group Inc \De\)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be occupied and used by Tenant for [for 350 Xxxxxx only: general office purposes, and occupied only any and all related, ancillary, or complementary purposes, including, without limitation, employee training facilities and conference facilities, any call center or other customer service function, and any other lawful uses][for all other Single Parcels: for the purpose as set forth in Section 1.10 operation of this Leasea retail automotive dealership, and any and all related, ancillary, or complementary purposes, including, without limitation, the display, sale, storage, and service of new and used automotive vehicles, and any other lawful uses] (the “Permitted Use”). In no event shall Tenant shall use or occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any way which wouldof the Premises, in a manner which constitutes a Prohibited Use (as defined below) or which violates any Law; makes void or voidable or causes any insurer to cancel any insurance required by this Lease, or makes it difficult or impossible to obtain any such insurance at commercially reasonable rates; constitutes a nuisance or physical waste; or violates, or not be permitted pursuant to, any document or instrument that was, as of the opinion day prior to the Effective Date, filed in the Real Property Records of Landlordthe County and actually affects title to the Premises, as listed on the attached Exhibit B (the “Existing Encumbrances”). Without Tenant’s prior written consent, which consent shall be in Tenant’s sole and absolute discretion, Landlord will not enter into or amend any reciprocal easement agreements, development agreements, operating agreements, maintenance agreements or other instruments (including, without limitation, any Existing Encumbrances) affecting the use, occupancy, benefits or burdens pertaining to the Premises or any portion thereof if the effect thereof could reasonably be expected to (i) materially and adversely impact Tenant’s use of or access to the Premises or Tenant’s rights under this Lease, or (ii) materially increase Tenant’s costs, expenses, or other obligations or result in the imposition of any material cost, expense, or obligation of Tenant. Landlord makes no representation or warranty that the Premises is adequate for use for the Permitted Use or that the Premises may be lawfully used for the Permitted Use. Landlord acknowledges and agrees that, so long as Tenant continues to pay Rent and otherwise comply with its obligations under this Lease, (A) Tenant shall not be required to operate its business upon the Premises (continuously or otherwise), and (B) Tenant’s abandonment or vacation of the Premises shall not, by itself, be extra hazardous on account deemed a breach or Event of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Default under this Lease.

Appears in 1 contract

Samples: Lease With Purchase Option (Asbury Automotive Group Inc)

Use. Tenant warrants 5.1 The Premises may be used only for general office purposes and represents any other use reasonably related to Landlord Tenant’s business operations (the “Permitted Use”), and for no other use without Landlord’s prior written consent, provided, however, that any use involving the Leased use of or resulting in the creation of chemicals, biohazards, medical waste, hazardous wastes, large or heavy equipment of a type not normally found within the general office environment or other uses that could have a material adverse impact upon the Building or the Premises shall require the prior written consent of Landlord, which shall not be used and occupied only for the purpose as set forth in Section 1.10 of this Leaseunreasonably withheld, conditioned or delayed. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit never make any operation which emits any odor or matter which intrudes into other portions use of the Property, use any apparatus or machine Premises which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements governmental laws, rules or regulations, whether now existing or hereafter enacted or which is in violation of the general rules and regulations as may be reasonably modified from time to time so long as Tenant’s rights hereunder are not detrimentally affected thereby (defined belowa copy of the rules are attached as Exhibit B and incorporated herein by this reference) (the “Rules and Regulations”), nor may Tenant make any use of the Premises not permitted, or otherwise prohibited, by any restrictive covenants applying to the Premises that are of record prior to the Effective Date unless otherwise agreed to in writing by Landlord and Tenant. Tenant may not make any use that is or may be a nuisance or trespass, which increases any insurance premiums (unless Tenant is willing to pay for such increase), or makes such insurance unavailable to Landlord on the Building. In the event of an increase in any of Landlord’s insurance premiums that results from Tenant’s use or occupancy of the Premises, if Tenant does not pay Landlord, on demand, the amount of such increase, Landlord may treat such use as a default hereunder.

Appears in 1 contract

Samples: Commencement Agreement (Healthways, Inc)

Use. Tenant warrants shall use and represents to Landlord that occupy the Leased Premises shall be used and occupied only for the purpose as Permitted Uses set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises1.01(e) hereof, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to for no other tenants in the Propertypurposes. Tenant shall not solicit businessuse or permit the Premises or any portion thereof to be used for any purpose other than the Permitted Uses or for any unlawful purpose or in any unlawful manner, distribute handbills and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or display merchandise within subleases with third party vendors of Tenant's choice for the Common Areaspurpose of operating any of the facilities referred to in the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in the Premises, nor bring or keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do anything in or about the Premises and/or Project which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Project. Tenant shall not permit any operation which emits any odor nuisance in, on or matter which intrudes into other portions of about the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyPremises. Tenant shall neither permit not commit or suffer to be committed any waste on in or upon the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only solely for the purpose as Permitted Use set forth in Section 1.10 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall occupy shall, upon 10 days’ written notice from Landlord, discontinue any use of the Leased 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, conduct its business and control its agents, employees, invitees and visitors Tenant may continue to operate in the Premises for such a manner as is lawful, reputable and additional period granted by the applicable Governmental Authority. Tenant will not create a nuisance use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areascredits. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions part of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldas a “place of public accommodation”, as defined in the opinion ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of LandlordTenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, be extra hazardous on account safe and proper manner and will not commit or permit waste, overload the floor or structure of fire the Premises, subject the Premises to use that would damage the Premises or which would in obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any way increase the cost auction, liquidation, or going out of or render void the fire insurance business sale on the Property. Tenant may not use Premises, or allow using or permit allowing the Leased Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any way manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall be responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any purpose that is visible from alterations or modifications to the Common Areas or the exterior of the Leased PremisesBuilding that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, adversely affects ventilation in other areas Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Premises that are required by Legal Requirements (defined belowincluding, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use of the Premises. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Use. Tenant warrants and represents to Landlord that the Leased A. The Premises shall be used and occupied only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation is prohibited without Landlord's prior written consent. Tenant shall occupy at its own cost and expense obtain any and all licenses and permits necessary for its use of the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not solicit businesslimited to those regarding the correction, distribute handbills prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Property, building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any apparatus or machine which makes undue noise or causes vibration in any portion other remedies Landlord may have for a breach by Tenant of the Property terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises should Tenant fail to xxxxx the nuisance or unreasonable interference with other Tenants. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly inflammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other authority to disallow any sprinkler credits. In the Leased Premisesevent Tenant's use of Premises shall result in an increase in insurance premiums, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to Tenant shall be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)solely responsible for said increase.

Appears in 1 contract

Samples: Basic Lease Information (Gargoyles Inc)

Use. Tenant warrants and represents to Landlord that the Leased Premises The premises shall be used and occupied only for the purpose of receiving, storing, light manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding or unreasonably interfere with their use of their premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle on the Premises any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly flammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any way which would, in the opinion manner (including without limitation any method of Landlord, be extra hazardous on account of fire or storage) which would in any way increase render the cost of or render void the fire insurance on the PropertyBuilding or the Property void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant may not If any increase in the fire and extended coverage insurance premiums paid by Landlord for the Building is caused by Tenant's use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior and occupancy of the Leased Premises, adversely affects ventilation in other areas then Tenant shall pay to Landlord as additional rent the amount of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)such increase.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Use. Tenant warrants shall use the Premises for a Deli Restaurant, serving breakfast, lunch, dinner items and represents to catering. To any other purpose without the prior written consent of Landlord that Tenant shall not use or occupy the Leased Premises shall be in violation of law or of the certificate or occupancy used and occupied only for the purpose as set forth in Section 1.10 Building of this Leasewhich the Premises are part, and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to the violation of laws or said certificate of occupancy. Tenant shall occupy comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Leased nature of Tenant's use or occupancy of the Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance impose any duty upon Tenant or Landlord with respect to other tenants in the PropertyPremises or with respect to the use or occupation thereof. Tenant shall not solicit businessdo or permit to be done anything which will invalidate or increase the cost of any fire, distribute handbills extended coverage or display merchandise within any other insurance policy covering the Common AreasBuilding and/or property located therein and shall comply with the rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon 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 Paragraph 8. Tenant shall not do or permit anything to be done in or about the Premises which will in any operation which emits any odor way obstruct of interfere with the rights of other tenants or matter which intrudes into other portions occupants of the PropertyBuilding, or injure or annoy them, or use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in for any way which wouldimproper, in immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the PropertyPremises. Tenant may shall not use or allow or permit the Leased Premises commit of suffer to be used committed any waste in any way or for any purpose that is visible from upon the exterior of Premises and shall keep the Leased Premises, adversely affects ventilation Premises in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)first class repair and appearance.

Appears in 1 contract

Samples: Office Lease (Lucys Cafe Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, shipping, light manufacturing, and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not commit waste, overload the floors or structure of the Premises, or subject the Premises to any use that would damage the Premises, reasonable wear and tear excepted. Tenant shall not knowingly permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance. Tenant shall pay the amount of any increase in the cost of any insurance carried by Landlord for the Premises that is caused by and reasonably attributable to Tenant's use of the Premises. Tenant shall comply with any restrictive covenants applicable to the Premises and any reasonable rules and regulations with respect to the Premises that are not inconsistent with this Lease promulgated by Landlord after reasonable notice to Tenant. Except as set forth in Section 1.10 the Specifications (defined in the Construction Addendum), outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent (which shall not be unreasonably withheld); provided, however, Tenant may temporarily park trucks on the Premises as long as it is incidental to Tenant's business. Any occupation of the Premises by Tenant before the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease Agreement (Weider Nutrition International Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used for a retail bank branch and occupied only related office use, together with related ancillary uses and for the purpose as set forth in Section 1.10 no other business or purpose, without written consent of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyLandlord. Tenant shall not solicit businessbe permitted to install any automatic teller machines ("ATM") outside of the Premises, distribute handbills or display merchandise nor shall Tenant have the right to maintain any ATM within the Common AreasPremises which Tenant advertises the use thereof at any time beyond the normal business hours when the Building is open to the general public. Tenant shall not use, or permit the Premises or any operation which emits part thereof to be used, for any odor purpose or matter which intrudes into purposes other portions than the use described above; and no use shall be made or permitted to be made of the PropertyPremises, use nor acts done therein, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any apparatus insurance policy covering the Building, or machine any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which makes undue noise may be prohibited by the standard form of fire insurance policies. If the existing rate of any such insurance shall be increased or causes vibration any insurance policy covering the Building cancelled for any reason described above, then Landlord, in addition to such other remedies as Landlord may have hereunder or pursuant to law or equity, shall be entitled to reimbursement from Tenant upon written demand therefor for the entire amount of said increase or any portion additional amount which must be paid for a new insurance policy. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management the Building, nor, without limiting the generality of the Property. foregoing, shall Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used for any unlawful purpose or activity. Tenant shall not use any apparatus, machinery or device in or about the Premises which shall make any way which would, in the opinion of Landlord, be extra hazardous on account of fire noise or set up any vibration or which would shall in any way increase the cost amount of electricity, water or render void compressed air agreed to be furnished or supplied under this Lease (if any), and Tenant further agrees not to connect with electric wires, water or air pipes any apparatus, machinery or device other than ordinary office equipment without the fire insurance on the Propertywritten consent of Landlord. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior shall, at its sole cost and expense, comply with all of the Leased requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, applicable to the Premises, adversely affects ventilation and shall faithfully observe in other areas the use of the BuildingPremises all municipal, creates unreasonable elevator loads, causes structural loads to state and federal laws and regulations now in force or which may hereafter be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)force.

Appears in 1 contract

Samples: Office Lease (Bridge Capital Holdings)

Use. Tenant warrants and represents shall not use, occupy or operate the whole or any part of the Premises for any purpose other than that set forth under Permitted Use in the Fundamental Lease Provisions; nor shall Tenant permit the same to Landlord that the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Leaseany other purpose. Tenant shall occupy further use the Leased Premises, conduct its business Premises in accordance with the Rules and control its agents, employees, invitees Regulations from time to time adopted by Landlord and visitors in such a manner as is lawful, reputable and will not create a nuisance to interfere with or infringe on, the rights of other tenants in the PropertyShopping Center. A copy of such Rules and Regulations presently in effect are attached hereto as Exhibit A and by this reference made a part hereof. Tenant shall not solicit businessuse or occupy the Premises in violation of any law, distribute handbills ordinance, regulation or display merchandise within the Common Areasother directives of any governmental authority having jurisdiction hereof, not permit a nuisance to be created or maintained therein. Tenant shall not maintain or permit any coin operated or vending machines within or about the Premises without the prior written consent of Landlord. During the term hereof, Tenant shall be in continuous use, occupancy and operation which emits of the entire Premises, shall conduct business in the Premises for the purposes herein stated and shall not vacate or abandon the Premises or allow the same to appear vacated or abandoned. Tenant shall conduct its business in the Premises under the trade name set forth under Tenant's Trade Name in the Fundamental Lease Provisions, and under no other name or trade name unless first approved in writing by Landlord. Tenant shall not allow any odor or matter which intrudes into other portions sound produced or originating in the Premises to be detectable outside the Premises and shall, at its sole expense, exhaust and/or filter all such odors in such manner that they cannot be detected outside the Premises and sound proof the wall of the Property, use any apparatus or machine which makes undue noise or causes vibration Premises in any portion of such manner that such sounds cannot be heard outside the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyPremises. Tenant shall neither permit not, under any waste on the Leased Premises nor allow the Leased Premises to be used in any way which wouldcircumstances, conduct in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased PremisesShopping Center any auction or bankruptcy sale or fire sale or going-out-of business sale or any similar liquidation sale, adversely affects ventilation it being agreed that the same are inconsistent and in other areas conflict with and would be detrimental to the interest of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Landlord and Tenant.

Appears in 1 contract

Samples: Lease Agreement (Talk America)

Use. (a) Tenant warrants shall use the Premises only for the use set forth in Subparagraph 1(m), and represents shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Leased Premises are suitable for a particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be used a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and occupied only for the purpose as set forth are accordingly reflected in Section 1.10 of rental payments and other consideration under this Lease. Tenant shall occupy comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the Leased provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, conduct its business and control its agents, employees, invitees and visitors (ii) do or permit anything to be done in such a manner as is lawful, reputable and or about the Premises which will not create a nuisance to in any way obstruct or interfere with the rights of other tenants in or occupants of the PropertyBuilding or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof. Tenant shall not solicit business, distribute handbills commit or display merchandise within suffer to be committed any waste in or upon the Common AreasPremises and shall keep the Premises in first-class repair and appearance. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the Propertylive load. Landlord reserves the right to prescribe the weight and position of all files, use any apparatus safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or machine which makes undue noise that may be transmitted to the Building structure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb to any other tenant space in its normal business operations the Building or Landlord in its management of the PropertyProject shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises be responsible for all structural engineering required to be used in any way which would, determine structural load in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease Agreement (Innovega Inc.)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for general business office purposes, including, but not limited to, software development, training and other related legal uses including, but not limited to, cafeteria, entertainment room, fitness center, showers and locker rooms and for no other use or purpose without Landlord's prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Landlord's consent may be reasonably withheld, conditioned or delayed for reasons including, but not limited to, the purpose as set forth in Section 1.10 unusual demands of this Leaseany particular use on the Building Systems, consistency of the use with the character of the Building, and any conflict of the use with other tenants. Tenant shall occupy comply with all present and future Laws relating to Tenant's particular use or occupancy of the Leased PremisesPremises (and make any repairs, conduct its business alterations or improvements as required to comply with all such Laws), and control its agents, employees, invitees shall observe the "Building Rules" (as defined in Section 26 - Rules and visitors in such a manner as is lawful, reputable Regulations). Landlord shall comply with all present and will not create a nuisance future Laws relating to other tenants in the PropertyBuilding generally. Tenant shall not solicit businessdo, distribute handbills bring, keep or display merchandise within sell anything in or about the Common AreasPremises 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 any operation which emits any odor the Premises to be occupied or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration used in any portion manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of the Property or otherwise interfere with, annoy or disturb any other tenant tenants in its normal business operations or Landlord in its management of the PropertyBuilding. Tenant shall neither permit any waste on not, without the Leased prior consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), (i) bring into the Building or the Premises nor allow anything that may cause substantial noise, odor or vibration, overload the Leased Premises to be used in any way which would, floors in the opinion of Landlord, be extra hazardous on account of fire Premises or which would in the Building or any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premisesheating, adversely affects ventilation and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in other areas the Building ("Building Systems"), or jeopardize the structural integrity of the BuildingBuilding or any part thereof; (ii) except as may otherwise be provided in the Lease, creates unreasonable elevator loadsconnect to the utility systems of the Building any apparatus, causes structural loads machinery or other equipment other than typical office equipment; or (iii) except as may otherwise be provided in the Lease, connect to be exceeded, creates unreasonable noise levels, any electrical circuit in the Premises any equipment or is other load with aggregate electrical power requirements in violation excess of any applicable Legal Requirements (defined below)80% of the rated capacity of the circuit.

Appears in 1 contract

Samples: Part of Lease Agreement (FSP 50 South Tenth Street Corp)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of storage of wireless communication products and accessories and/or receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Lease. may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant shall occupy may also use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyPremises for light manufacturing. Tenant shall not solicit businessconduct or give notice of any auction, distribute handbills liquidation, or display merchandise within going out of business sale on the Common AreasPremises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any operation which emits objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any odor other action that would constitute a nuisance or matter which intrudes into other portions of the Propertywould disturb, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise unreasonably interfere with, annoy or disturb endanger Landlord or any other tenant in its normal business operations or Landlord in its management tenants of the PropertyProject. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall neither will not use or permit any waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any way which wouldmanner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire any insurance on the Property. Tenant may not Premises or the Project is caused by Tenant's use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior occupation of the Leased Premises, adversely affects ventilation in other areas or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Building, creates unreasonable elevator loads, causes structural loads Premises by Tenant prior to the Commencement Date shall be exceeded, creates unreasonable noise levels, or is in violation subject to all obligations of any applicable Legal Requirements (defined below)Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Brightpoint Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for the purpose as set forth purposes stated in Section 1.10 Item 3 of this Leasethe Basic Lease Provisions. Tenant The parties agree that any contrary use shall occupy the Leased Premises, conduct its business be deemed to cause material and control its agents, employees, invitees irreparable harm to Landlord and visitors shall entitle Landlord to injunctive relief in such a manner as is lawful, reputable and will not create a nuisance addition to any other tenants in the Propertyavailable remedy. Tenant shall not solicit businessdo or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, distribute handbills or display merchandise within use or allow the Common AreasPremises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way done anything which would, in the opinion of Landlord, be extra hazardous on account of fire will invalidate or which would in any way increase the cost of or render void the fire any insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of policy(ies) covering the Building, creates unreasonable elevator loadsthe Project and/or their contents, causes structural loads and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be exceededidentified in any federal, creates unreasonable noise levelsstate or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or is toxic materials in violation of any applicable Legal Requirements (defined below).the

Appears in 1 contract

Samples: Office Space Lease (United Panam Financial Corp)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, --- shipping and selling products, materials and merchandise made on the Premises and/or distributed by Tenant and for such other lawful purposes as set forth in Section 1.10 of this Leasemay be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all other licenses and permits necessary for such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to its specific use of the Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which emits would constitute a nuisance or would disturb or endanger any odor other action which would constitute a nuisance or matter which intrudes into would disturb or endanger any other portions tenants of the Propertybuilding or buildings in which the Premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly flammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including, without limitation, any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous thank the risk associated with Tenant's stated use or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances. Without the prior consent of the Leased Landlord, Tenant shall be entitled to use at the Premises cleaning supplies, toner for photocopying machines and other similar materials, in containers and ordinary use by Tenant in the routine operation or maintenance of Tenant's office equipment or in the routine janitorial service, cleaning and maintenance for the Premises. In addition, Landlord acknowledges that as part of the business Tenant will conduct at the Premises, adversely affects ventilation a waste product known as solder flux is produced. Landlord hereby consents to the presence on the Premises of such product as part of Tenant's routine business provided that Tenant agrees that the storage, handling and disposal of such products shall be in other areas accordance with environmental laws. Landlord represents that Landlord has not treated, stored or disposed of any hazardous or toxic substances upon or within the Premises, nor, to the best of Landlord's actual knowledge, has any predecessor owner of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)Premises.

Appears in 1 contract

Samples: Lease Agreement (Computone Corporation)

Use. (a) Tenant warrants shall use the Premises only for the use set forth in Subparagraph 1(m), and represents shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Leased Premises are suitable for a particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be used a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and occupied only for the purpose as set forth are accordingly reflected in Section 1.10 of rental payments and other consideration under this Lease. Tenant shall occupy comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the Leased provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, conduct its business and control its agents, employees, invitees and visitors (ii) do or permit anything to be done in such a manner as is lawful, reputable and or about the Premises which will not create a nuisance to in any way obstruct or interfere with the rights of other tenants in or occupants of the PropertyBuilding or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof. Tenant shall not solicit business, distribute handbills commit or display merchandise within suffer to be committed any waste in or upon the Common AreasPremises and shall keep the Premises in first-class repair and appearance. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the Propertylive load. Landlord reserves the right to prescribe the weight and position of all files, use any apparatus safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or machine which makes undue noise that may be transmitted to the Building structure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb to any other tenant space in its normal business operations the Building or Landlord in its management of the PropertyProject shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises be responsible for all structural engineering required to be used in any way which would, determine structural load in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease Agreement (Path 1 Network Technologies Inc)

Use. Tenant warrants shall procure, at its sole cost and represents to Landlord that expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this LeasePremises. Tenant shall occupy use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants Premises solely for the Permitted Use specified in the PropertySummary, and shall not use or permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not solicit businessuse or allow the Premises to be used for any improper, distribute handbills immoral, unlawful or display merchandise within the Common Areasreasonably objectionable purpose. Tenant shall not do or permit any operation which emits any odor to be done anything that will obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the Building or the Property, use any apparatus if any, or machine which makes undue noise injure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertythem. Tenant shall neither not cause, maintain or permit any waste nuisance in, on or about the Leased Premises Premises, the Building or the Property, nor allow the Leased Premises commit or suffer to be committed any waste in, on or about the Premises. Without limiting the foregoing, Tenant agrees that the Premises shall not be used in for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any way which wouldcannabis containing substances (“Cannabis”), in or any office uses related to the opinion of Landlordsame, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. nor shall Tenant may not use or permit, allow or permit suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the Leased Premises Premises, any Cannabis. The prohibitions in this paragraph shall apply to be used in any way or all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both. Any failure by Tenant to comply with each of the terms, covenants, conditions and provisions related to Cannabis shall automatically and without the requirement of any notice be a Default that is visible not subject to cure, and Tenant agrees that upon the occurrence of any such Default, Landlord may elect, in its sole discretion, to exercise all of its rights and remedies under this Lease, at law or in equity with respect to such Default. Furthermore, Tenant is prohibited from the exterior of the Leased Premises, adversely affects ventilation engaging or permitting others to engage in other areas of the Building, creates unreasonable elevator loads, causes structural loads to any activity which would be exceeded, creates unreasonable noise levels, or is in a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable Legal Requirements (defined below)law relating to the medicinal use and/or distribution of Cannabis.

Appears in 1 contract

Samples: Boxabl Inc.

Use. 7.1 Tenant warrants shall use the Premises for general office purposes and represents for use as a production/post-production and television broadcast facility, and all purposes incident thereto and shall not use or permit the Premises to Landlord that the Leased Premises shall be used and occupied only for any other purpose without the purpose as set forth prior written consent of Landlord, which consent may be granted or withheld in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the PropertyLandlord’s sole discretion. Tenant shall not solicit businessuse or occupy the Premises in violation of any law, distribute handbills code, regulation, rule, order, or display merchandise within injunction or of the Common AreasCertificate of Occupancy issued for the Building. Upon five (5) days’ written notice from Landlord, Tenant shall discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any such recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of said Certificate of Occupancy. Except as otherwise provided in Paragraph 57 hereof, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not permit any operation which emits any odor interfere with radio or matter which intrudes into television broadcasting or reception from or in the Building to the extent such facilities exist on the date of this Lease, provided that in all events Tenant shall operate its telecommunication equipment and facilities in and on the Building in compliance with all Applicable Laws. Landlord agrees to use its commercially reasonable efforts to cause other portions tenants of the Property, use any apparatus Building not to interfere with Tenant’s telecommunication equipment and facilities located on or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyBuilding. Tenant shall neither comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any waste on fire, extended coverage or any other insurance policy covering the Leased Site, the Building, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, Tenant shall 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 Paragraph 7. Tenant shall not do or permit anything to be done in or about the Site, the Building, and/or the Premises nor which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure them, or use or allow the Leased Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Site, the Building and/or the Premises. Tenant shall not commit or suffer to be committed any waste in any way 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 wouldexceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the opinion of LandlordPremises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, be extra hazardous on account of fire maintained and used by Tenant as to eliminate such vibration or which would in any way increase the cost of or render void the fire insurance on the Propertynoise. Tenant may shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not use or allow or permit the Leased Premises to be used in any way or responsible for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, damage or is in violation of any applicable Legal Requirements (defined below)liability for such events.

Appears in 1 contract

Samples: Office Lease (Current Media, Inc.)

Use. Tenant warrants shall use the Premises for the Permitted Use, and represents shall not use or permit the Premises to Landlord that be used for any other purpose without the Leased prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. 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 Permitted Use in accordance with applicable Law. Ingress and egress for the bulk moving of office furniture, furnishings, equipment and file cabinets shall be used done in accordance with Building policy and occupied only with advance notification to Landlord. The use of the passenger elevators for the purpose as set forth delivery of office supplies is permitted in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyaccordance with Building policy. Tenant shall not solicit businessdo, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises anything to be used in any way which woulddone, in or about the opinion of Landlord, be extra hazardous on account of fire or Premises which would will in any way increase the cost existing rate of, or affect any fire or other, insurance coverage upon the Building or its contents, or cause cancellation of any insurance policy covering said Building or render void the fire insurance on the Propertyany part thereof or its contents. Tenant may shall not do, or permit anything to be done in or about the Premises, including Common Areas, which will in any way obstruct or interfere with the rights of other Tenants or occupants of the Building or injure them or use or allow or permit the Leased Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance or waste in, on or about the Premises. Tenant shall not use the Premises, or permit them to be used, for any auction, fire, liquidation or bankruptcy sale. In the event of Tenant’s failure to comply with any provision in this paragraph, Landlord, at its option, may require that Tenant pay for any way increase in the rate of any insurance, or for any purpose that is visible other damages, resulting from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads said failure to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)comply.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Use. Tenant warrants and represents The Premises are to Landlord that the Leased Premises shall be used and occupied only solely for the purpose of maintaining an office for use in connection with Tenant's business including its use as set forth in Section 1.10 a conference and meeting center and for no other business or purpose without the prior written consent of this LeaseLandlord. Tenant shall occupy not do or permit to be done in or about the Leased PremisesPremises anything which is illegal or unlawful; or which is of a hazardous or dangerous nature, conduct its business and control its agents, employees, invitees and visitors in such a manner as or which is lawful, reputable and will not create a nuisance noxious or offensive to other tenants in the PropertyPremises or to Landlord, or which will increase the rates of insurance carried by Landlord. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Premises for providing of any medical or otherwise interfere with, annoy rehabilitation services or disturb any other tenant in its normal related similar services and the Premises shall be used solely as a business operations or Landlord in its management of the Propertyoffice. Tenant shall neither permit obtain all permits, licenses, certificates or other authorization and any waste renewals, extensions or continuances of the same required in connection with the lawful and proper use of the Premises except for a Certificate of Occupancy and shall pay when due all taxes upon its merchandise, stock, fixtures and equipment in the Premises. Neither a failure on the Leased Premises part of Tenant to procure such permit, license, certificate or other authorization, nor allow the Leased Premises to be used revocation of the same, shall in any way which wouldaffect the liability of Tenant for payment of rent herein reserved or the performance or observance of any of the covenants or conditions herein contained on Tenant's part to be performed and observed. Tenant shall (and shall cause its employees to) observe the Rules and Regulations attached as Exhibit "A" or such other rules and regulations applicable to the Premises as may be imposed by Landlord from time to time on a nondiscriminatory basis to all Tenants and Tenant shall comply with all governmental laws; and ordinances and all regulations applicable to the use and occupancy of the Premises, in except that Tenant shall not be required to install or pay for any improvement to the opinion leased Premises that is required of the Building as a whole. Without limiting the generality of the foregoing, Tenant shall not display anything outside of the Premises nor operate any loud speakers without the specific written consent of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below).

Appears in 1 contract

Samples: Lease (In House Rehab Corp)

Use. Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall have the right to use and occupy the Leased PremisesDemised Premises for medical laboratories, conduct its business including medical testing, and control its agentsancillary office, employeeswarehouse and distribution use and related activities and for any other lawful purpose, invitees at all times being in compliance with applicable laws, including, without limitation, applicable zoning and visitors in such a manner as is lawfulland use laws, reputable codes, regulations, directives and will not create a nuisance to other tenants in the Propertyorders. Tenant shall not solicit businessat any time use or occupy, distribute handbills or display merchandise within suffer or permit any person to use or occupy the Common AreasDemised Premises, or do or permit anything to be done in the Demised Premises, in violation of the Certificate of Occupancy for Tenant’s permitted use. Landlord shall have no liability or obligation whatsoever if the use set forth in this Lease is not complied with and Tenant assumes all risks in such eventuality. Tenant agrees to indemnify and hold Landlord harmless, to the fullest extent permitted by law, from and against all suits, actions, legal or administrative proceedings, claims, liabilities, fines, penalties, losses, injuries, damages, expenses or costs, including reasonable attorneys’ fees, arising from any violation of Tenant’s obligations set forth in the preceding sentence. Tenant shall not knowingly suffer or permit any operation which emits any odor the Demised Premises or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises thereof to be used by the public in such manner as might reasonably tend to impair title to the Demised Premises or any way which wouldportion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the opinion public, as such, or of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior implied dedication of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, Demised Premises or is in violation of any applicable Legal Requirements (defined below)portion thereof.

Appears in 1 contract

Samples: Agreement of Lease (Icon PLC /Adr/)

Use. Tenant warrants and represents to Landlord that Throughout the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 Term (hereinafter defined) of this Lease, Tenant shall continuously use and occupy the Premises for general and executive offices, warehousing and the installation, operation and maintenance of telecommunications equipment and transmission facilities, including but not limited to, a switch facility and customer collocation provising equipment, and other uses normally related thereto (the "Permitted Use") and for no other purpose. Tenant at its sole expense shall occupy comply with all laws, rules, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers, pursuant to law, which will impose any duty upon Landlord or Tenant with respect to or arising out of Tenant's use or occupancy of the Leased Premises. If Tenant receives notice of any violation of law, ordiance, order or regulation applicable to the Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance it shall give prompt notice thereof to other tenants in the PropertyLandlord. Tenant shall not solicit businessinjure, distribute handbills overload, deface or display merchandise within commit waste in the Common Areas. Tenant shall not Premises, or any part of the Building, nor permit the occurrence of any nuisance therein or, unless otherwise permitted herein, the emission therefrom of any objectionable noise or odor, nor use or permit any operation which emits any odor or matter which intrudes into other portions use of the PropertyPremises which is improper, use offensive, contrary to law or ordinance or which is liable to render necessary any apparatus alterations or machine which makes undue noise or causes vibration additions in the Building, nor obstruct in any manner any portion of the Property Building or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Propertyappurtenant land. Tenant may not, without Landlord's prior written consent, install in the Premises any water fountains, refrigerators, sinks or cooking equipment, provided that Landlord's consent will not use be unreasonably withheld with respect to items designed for the convenience of Tenant's employees and further provided that special venting or allow or permit the Leased Premises to be used other matters are not required in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)connection therewith.

Appears in 1 contract

Samples: Lease Agreement (BGS Systems Inc)

Use. Provided that Natus Medical, Inc. has not assigned this Lease --- or sublet any or all of the Premises other than to an Affiliate (it being intended that all rights pursuant to this provision are and shall be personal to the original Tenant warrants under this Lease its Affiliates, and represents shall not be transferable or exercisable for the benefit of any Transferee other than an Affiliate [as the terms Affiliate and Transferee are hereinafter defined]), Tenant shall occupy and use the Premises for development, manufacturing and sale of medical devices, including warehousing, administrative and sales functions related thereto, and for no other use or purpose. Any Transferee (other than an Affiliate) shall occupy and use the Premises for general business office purposes, light industrial, office flex and research and development uses consistent with a high quality light industrial/research and development park and for no other use or purpose; provided, further that any Transferee shall not use heavy machinery in manufacturing, and shall fully comply with the provisions of Section 5.2 below. Tenant shall comply with all present and future Laws relating to Landlord Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - Rules and Regulations). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the Leased 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 manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used to manufacture goods or products (except as permitted above for Natus Medical, Inc. and occupied only its Affiliates), for educational activities (except as incidental to the purpose permitted use contained above), practice of medicine or any of the healing arts (except such limitation shall not be applicable to the research, development, manufacturing and sales of medical devices by Natus Medical, Inc. and its Affiliates, as set forth provided above), providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office (except as incidental to the permitted use contained above), studios for radio, television or other media, travel agency or reservation center operations or uses, so long as all of the exceptions contained in this sentence do not exceed the parking limitations contained in Section 1.10 35 of this Lease. Tenant shall occupy not, without the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion prior consent of Landlord, be extra hazardous on account of fire (i) bring into the Building or which would the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premisesheating, adversely affects ventilation ventilating and air-conditioning ("HVAC"), mechanical, plumbing, electrical, fire protection, life safety, or other systems in other areas the Building ("Building Systems"), or jeopardize the structural integrity of the BuildingBuilding or any part thereof; (ii) connect to the utility systems of the Building any apparatus, creates unreasonable elevator loads, causes structural loads machinery or other equipment other than typical office equipment and light industrial manufacturing equipment consistent with Tenant's permitted use contained hereinabove; or (iii) connect to be exceeded, creates unreasonable noise levels, any electrical circuit in the Premises any equipment or is other load with aggregate electrical power requirements in violation excess of any applicable Legal Requirements (defined below)80% of the rated capacity of the circuit.

Appears in 1 contract

Samples: Part of Lease Agreement (Natus Medical Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the general office, storage and distribution of grocery and related products and for no other purpose as set forth in Section 1.10 of this Leasewhatsoever without Landlord's prior written consent. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall occupy at its own cost and expense obtain and maintain any and all licenses, permits, and other approval necessary or appropriate for its use, occupation or operation of the Leased Premises. Tenant's inability to obtain or maintain any such license, permit or approval necessary or appropriate for its use, occupation or operation of the Premises shall not relieve it of its obligations under this Lease, including the obligation to pay Base Rent and additional rent. Tenant shall comply with all governmental laws, ordinances, rules and regulations applicable to the use and condition of the Premises, conduct its business and control its agentsshall promptly comply with all governmental orders and directives including, employeesbut not limited to, invitees those regarding the correction, prevention and visitors abatement of nuisances in such a manner as is lawfulor upon, reputable or connected with, the Premises, all at Tenant's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and will not create a nuisance all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to other tenants in the PropertyPremises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not solicit businesscommit or allow to be committed or exist: (a) any waste upon the Premises, distribute handbills (b) any public or display merchandise within the Common Areas. Tenant shall not permit private nuisance, (c) any operation which emits any odor objectionable or matter which intrudes into other portions of the Propertyunpleasant odors, use any apparatus or machine which makes undue smoke, dust, gas, noise or causes vibration in vibrations to emanate from the Premises, or (d) any portion act or condition which disturbs the quiet enjoyment of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations the Building, violates any of Landlord's contracts affecting any or Landlord in its management all of the Propertyland or Building, creates or contributes to any work stoppage, strike, picketing, labor disruption or dispute, interferes in any way with the business of Landlord or any other tenant in the Building or with the rights or privileges of any contractors, subcontractors, licensees, agents, concessionaires, subtenants, servants, employees, customers, guests, invitees or visitors or any other persons lawfully in and upon the land or Building, or causes any impairment or reduction of the good will or reputation of the land or Building. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Paragraph 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive, highly inflammable, hazardous or a pollutant. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including, without limitation, any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the Leased Premisesevent Tenant's use of Premises shall result in an increase in insurance premiums, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to Tenant shall be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)solely responsible for such increase.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Use. Tenant warrants and represents to Landlord that the Leased A. The demised Premises shall be used and occupied only for the purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as set forth may be incidental thereto, and subject to any building or building complex rules and regulations, such rules and regulations not to be inconsistent with Tenant's rights hereunder and not to be enforced without a copy of such rules and regulations being provided to Tenant. Permitted use in Section 1.10 the Premises is to include assembly of this Leaseprocedural medical trays for sterilization. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant will be permitted to have four (4) service vehicles parked at the loading dock at night and in legal parking spaces during the business day. Tenant shall occupy the Leased Premises, conduct at its business own cost and control its agents, employees, invitees expense obtain any and visitors in all licenses and permits necessary for any such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertyuse. Tenant shall not solicit businesscomply with all governmental laws, distribute handbills ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant's sole expense. Tenant shall not permit any operation objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, not take any other action which emits would constitute a nuisance or would disturb or endanger any odor or matter which intrudes into other portions tenants of the Propertybuilding in which their Premises are situated or unreasonably interfere with their use of their respective Premises. Without Landlord's prior written consent, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property Tenant shall not receive, store or otherwise interfere withhandle any product, annoy material or disturb any other tenant in its normal business operations merchandise which is explosive or Landlord in its management of the Propertyhighly flammable. Tenant shall neither will not permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from or in any manner (including without limitation any method of storage) which would render the exterior insurance thereon void or the insurance risk more hazardous or cause the State Board of the Leased Premises, adversely affects ventilation in Insurance or other areas of the Building, creates unreasonable elevator loads, causes structural loads insurance authority to be exceeded, creates unreasonable noise levels, or is in violation of disallow any applicable Legal Requirements (defined below)sprinkler credits.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

Use. Tenant warrants and represents to Landlord that the Leased The Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, computer integration, configuration and repairs, and for such other lawful purposes as set forth in Section 1.10 may be incidental thereto. Outside storage, including, without limitation, storage of this Leasetrucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall occupy have the Leased Premises, conduct right to park its business and control its agents, employees, invitees and visitors company truck in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Propertydock position on an overnight basis. Tenant shall not solicit businesshave the non-exclusive right to use, distribute handbills in common with other tenants of the Building, the parking provided and designated as such by Landlord. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or display merchandise within upon, or connected with, the Common AreasPremises, all at Tenant’s sole expense. No pets or other animals of any kind shall be permitted on the Premises or parking areas surrounding the Premises except for seeing-eye dogs used by handicapped employees, provided that Landlord is notified that such dogs will be utilized and Tenant cleans up any debris created by such dogs. Tenant shall not permit any operation which emits any odor objectionable or matter which intrudes into other portions unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from or outside of the PropertyPremises, use nor take any apparatus other action that would constitute a nuisance or machine which makes undue noise or causes vibration in any portion of the Property or otherwise would disturb, unreasonably interfere with, annoy or disturb endanger Landlord or any other tenant in its normal business operations or Landlord in its management lessees of the PropertyBuilding in which the Premises are a part. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase pay the cost of or render void any modifications to the fire insurance on Premises, the PropertyBuilding in which the Premises are located and the common areas required as a result of Tenant’s particular use of the Premises. Tenant may not use or allow or permit shall have the Leased Premises right to be used locate a rubbish compactor and a cardboard xxxxxx in any way or for any purpose that is visible from the exterior one of the Leased Premises, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)truck docks provided that same are covered. 13.

Appears in 1 contract

Samples: Lease Agreement (Zones Inc)

Use. Tenant warrants and represents to Landlord that shall use the Leased Premises shall be used and occupied only for general offices, solely for the purpose as set forth in Section 1.10 of this Leasecarrying out its own business therein of operating a County Business Office for Customer Service and Operating of County Business and Administration . Further, Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawfulnot to create any nuisance, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the PropertyBuilding. Tenant shall neither permit not obstruct or use the sidewalks, entries, passages, vestibules, halls, elevators, or stairways of the Building for any waste on other purpose than ingress and egress to and from the Leased Premises nor allow Premises, or throw or sweep or put anything out of the Leased Premises to be used in any way which wouldwindows or doors, or in the opinion of Landlord, be extra hazardous on account of fire passage or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior of the Leased Premises, adversely affects ventilation in other areas corridors of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, . Hazardous Materials. Tenant will not cause or is in violation of permit any applicable Legal Requirements Hazardous Materials (defined below)) to be brought upon, kept or used in or about the Premises or the Building; provided, that, if certain Hazardous Materials are necessary for Tenant's medical practice, Tenant may utilize, store and/or dispose of same upon written notice to Landlord if (i) such Hazardous Materials are used, kept and stored in a manner which complies with all applicable federal, state and local laws, ordinances, rules and regulations regulating such Hazardous Materials; and (ii) such presence and use of Hazardous Materials will be in quantities and applications normally found in general office use or the practice of Tenant's medical specialty; Tenant hereby agrees to indemnify, defend and hold Landlord free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in value of the Premises and the Building, damages for the loss or restriction of use of space or of any amenity of the Premises and the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) that may arise during or after the term of this Lease as a result of Tenant's breach of the covenants and obligations set forth in this section or the presence of Hazardous Materials on, in or about the Premises or the Building caused or permitted by the acts or omissions of Tenant, its employees, agents, contractors, licensees, invitees, assignees or subtenants. This indemnification by Tenant or Landlord includes, without limitation, any and all costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision thereof because of the presence or suspected presence of such Hazardous Material in, on or about the Premises, the Building or the soil or groundwater on or under the Building. If any state, federal or local governmental agency or political subdivision thereof imposes a lien on the Premises or the Building because of the presence or suspected presence of such Hazardous Material in, on or about the Premises or the Building, Tenant will cause such lien to be removed at Tenant's sole cost and expense. The provisions of this section will survive the expiration or termination of this Lease. As used herein, the term "Hazardous Materials" will mean and include any and all hazardous substances, any hazardous wastes or any pollutants or contaminants defined as such in or regulated et seq., (ii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. et seq., (iii) the Federal Water Pollution C et seq., as amended; et seq., (v) the Toxic Substances Control Act, 15 U.S.C. et seq., or (vi) any amendments or statutory successors to the foregoing statutes and any now or hereafter existing federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as presently or hereafter in effect during the term of this Lease.

Appears in 1 contract

Samples: Complex Office Lease Agreement

Use. Tenant warrants (a) Subject to Tenant’s compliance with all zoning ordinances and represents to Landlord that Legal Requirements (as hereinafter defined), the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this Lease. Tenant shall occupy Permitted Use; provided, however, no retail sales may be made from the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit businessconduct or give notice of any auction, distribute handbills liquidation, or display merchandise within going out of business sale on the Common AreasPremises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any operation which emits objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any odor other action that, in Landlord’s reasonable discretion, with consideration given to the nature of Tenant’s Permitted Use and the Extended Project (as hereinafter defined), would constitute a nuisance or matter which intrudes into other portions of the Propertywould disturb, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb endanger Landlord or any other tenant in its normal business operations or Landlord in its management tenants of the PropertyExtended Project (as hereinafter defined). Landlord acknowledges and agrees that steam or noise may emanate from the Premises as a result of Tenant’s Permitted Use. Such steam or noise shall not constitute a violation of this Lease provided Tenant complies with all applicable laws, ordinances and regulations and does not unreasonably interfere with or endanger any tenants of the Extended Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided however, Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises be permitted to be store raw materials, shipping containers, truck trailers and similar items used in any way which would, the ordinary course of Tenant’s business on a temporary basis not to exceed five (5) days in the opinion of Landlord, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be used in any way or for any purpose that is visible from the exterior rear (West side) of the Leased PremisesBuilding provided Tenant complies with all applicable laws, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads ordinances and regulations applicable to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)such storage.

Appears in 1 contract

Samples: Lease Agreement (Gores Holdings VIII Inc.)

Use. Tenant warrants The following new paragraph is hereby added to the end of Article IV A of the Lease (Use Restrictions and represents Rules) to Landlord that the read as follows: The Leased Premises shall are to be used and occupied only solely for the purpose as purposes set forth in Section 1.10 of this Lease. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors not do or permit anything to be done in such a manner as is lawful, reputable and will not create a nuisance to other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Property, use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Property. Tenant shall neither permit any waste on about the Leased Premises nor which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, if any, or injure, annoy, or disturb them, or allow the Leased Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Leased Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply in all material respects with all governmental laws, ordinances and regulations applicable to the use of the Leased Premises and its occupancy and shall promptly comply with (or properly contest, if applicable), all governmental orders and directions for the correction, prevention and abatement of any way which would, violations in the opinion of LandlordBuilding or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Leased Premises, all at Tenant’s sole expense. Except as otherwise expressly permitted in this Lease, Tenant shall not do or permit anything to be extra hazardous done on account of fire or about the Leased Premises or bring or keep anything into the Leased Premises which would will in any way increase the cost rate of, invalidate or prevent the procuring of any insurance protecting against loss or render void damage to the Building or any of its contents by fire insurance on or other casualty or against liability for damage to property or injury to persons in or about the PropertyBuilding or any part thereof. Tenant may not use or allow or permit To the Leased Premises to be used in any way or for any purpose that is visible from extent the exterior terms of the Leased Premisesabove conflict with any provisions of Article IV A, adversely affects ventilation in other areas of the Building, creates unreasonable elevator loads, causes structural loads to be exceeded, creates unreasonable noise levels, or is in violation of any applicable Legal Requirements (defined below)above terms shall govern.

Appears in 1 contract

Samples: Lease Agreement (Genvec Inc)

Use. Tenant warrants shall procure, at its sole cost and represents to Landlord that expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Leased Premises shall be used and occupied only for the purpose as set forth in Section 1.10 of this LeasePremises. Tenant shall occupy use the Leased Premises, conduct its business and control its agents, employees, invitees and visitors in such a manner as is lawful, reputable and will not create a nuisance to other tenants Premises solely for the Permitted Use specified in the PropertySummary, and shall not use or permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall not solicit businessuse or allow the Premises to be used for any improper, distribute handbills immoral, unlawful or display merchandise within the Common Areasreasonably objectionable purpose. Tenant shall not do or permit any operation which emits any odor to be done anything that will obstruct or matter which intrudes into interfere with the rights of other portions tenants or occupants of the Building or the Property, use any apparatus if any, or machine which makes undue noise injure or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenant in its normal business operations or Landlord in its management of the Propertythem. Tenant shall neither not cause, maintain or permit any waste nuisance in, on or about the Leased Premises Premises, the Building or the Property, nor allow the Leased Premises commit or suffer to be committed any waste in, on or about the Premises. Without limiting the foregoing, Xxxxxx agrees that the Premises shall not be used in for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any way which wouldcannabis containing substances (“Cannabis”), in or any office uses related to the opinion of Landlordsame, be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. nor shall Tenant may not use or permit, allow or permit suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the Leased Premises Premises, any Cannabis. Without limiting the foregoing, the prohibitions in this paragraph shall apply to be used in any way or all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both. Notwithstanding anything to the contrary, any failure b y Tenant to comply with each of the terms, covenants, conditions and provisions of this paragraph relating to Cannabis shall automatically and without the requirement of any notice be a Default that is visible not subject to cure, and Xxxxxx agrees that upon the occurrence of any such Default, Landlord may elect, in its sole discretion, to exercise all of its rights and remedies under this Lease, at law or in equity with respect to such Default. Furthermore Tenant is prohibited from the exterior of the Leased Premises, adversely affects ventilation engaging or permitting others to engage in other areas of the Building, creates unreasonable elevator loads, causes structural loads to any activity which would be exceeded, creates unreasonable noise levels, or is in a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable Legal Requirements law or other applicable law relating to the medicinal use and/or distribution of marijuana/Cannabis (defined below“Prohibited Drug Law Activities”).

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

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