Common use of Use Clause in Contracts

Use. A. The Premises shall be used 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 2 contracts

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

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Use. A. The Premises shall be used only for the purpose of general office, receiving, storing, shippingpackaging, assembly, light manufacturing, shipping and selling (other than retailbut 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. Outside storage; provided, including without limitationhowever, trucks with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other vehiclesLegal Requirements. Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, is prohibited liquidation, or going out of business sale on the Premises, without Landlord’s prior written consent which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall at its own cost will use the Premises in a careful, safe and expense obtain any proper manner and all licenses and permits necessary for its use will not commit waste, overload the floor or structure of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable Premises or subject the Premises to the use of that would damage the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise noise, or vibrations to emanate from the Premises, nor or take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective PremisesProject. In addition to any other remedies Landlord may have for a breach by Tenant For purposes of the terms 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 this Section 3non-operable trucks and other non-operable vehicles, Landlord shall have the right to have Tenant evicted from the Premises. Without is prohibited without Landlord’s 's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall not receivebe permitted to park trucks and trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, store 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 otherwise handle hereafter applicable to the Premises (collectively, “Legal Requirements”). Tenant shall, at its expense, make any productalterations or modifications, material within or merchandise which is explosive without the Premises, that are required by Legal Requirements related to Tenant's specific use or highly inflammableoccupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant's or Landlord's insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event cost of any insurance on the Premises or the Project is caused by Tenant’s 's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, and Landlord shall result in an increase in insurance premiums, Tenant 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 solely responsible included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for said increasethose additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease.

Appears in 2 contracts

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

Use. A. The Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling permitted use (other than retailas defined in Paragraph 1(h) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammablehereof). 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 (including without limitation or extrahazardous on account of fire, nor permit anything to be done which will in any method way increase the rate of storage) which would render fire insurance on the insurance thereon void Building or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In contents; and in the event that, by reason of acts of Tenant’s use of Premises , there shall result in an be any increase in the rate of insurance premiums, on the Building or contents created by Tenant's acts or conduct of business and then such acts of Tenant shall be solely responsible for said increasedeemed 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 and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant 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 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 prior written consent of Landlord, such consent not to be 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 of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 2 contracts

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

Use. A. The Premises Tenant may use the Property for any lawful purpose. At all times such use shall be used 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 may be incidental thereto. Outside storagein compliance with all applicable Laws, including without limitationlimitation any zoning, trucks occupancy, permit and other vehicleslicense requirements, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any in compliance with all rules, regulations, orders and all licenses and permits necessary for its use requirements of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected withAmerican Insurance Association (formerly, the Premises, all at Tenant’s sole expenseNational Board of Fire Underwriters) or any successor organization. Tenant shall not permit any objectionable use the Premises in a manner so as to cause cancellation of Landlord’s insurance policies or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from increase the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants premiums thereunder. Landlord makes no representation that such use of the building in which the Premises are situated or unreasonably interfere will comply with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 thereon void or the insurance risk more hazardous or cause the State Board of Insurance applicable zoning requirements or other insurance authority to disallow any sprinkler creditsLaws. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, The parties agree that Tenant shall be solely responsible for said increaseobtaining, at Tenant’s sole cost and expense, any necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and occupancy of the Premises (including, without limitation, compliance with building code and similar regulations applicable to the Premises), without, however, in doing so adversely affecting Landlord or 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 Premises affected by the removal of Tenant’s signs shall be restored to its condition as it existed as of the Lease Commencement Date, at Tenant’s sole cost and expense.

Appears in 2 contracts

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

Use. A. The Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling permitted use (other than retailas defined in Paragraph 1(h) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammablehereof). 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 (including without limitation or extrahazardous on account of fire, nor permit anything to be done which will in any method way increase the rate of storage) which would render fire insurance on the insurance thereon void Building or contents; and in the insurance risk more hazardous or cause event that, by reason of acts of Tenant, there shall be any increase in the State Board 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 and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other insurance authority tenants or Landlord in management of the Building. Tenant 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 jurisdiction thereof) with reference to disallow use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any sprinkler creditsand all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. In Tenant will not, without the event Tenant’s use prior written consent of Landlord, such consent not to be 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 shall result or any part thereof. Should Landlord agree in an increase writing to any of the foregoing items in insurance premiumsthe preceding sentence, Tenant shall be solely responsible for said increasewill maintain such permitted items in good condition and repair at all times.

Appears in 2 contracts

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

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) productsin compliance with all laws, materials orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and merchandise made and/or distributed by Tenant restrictions now or hereafter applicable to the Premises, and for such other lawful purposes as may be incidental thereto. Outside storageto the use and occupancy thereof, including including, without limitation, trucks the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and other vehicleseach, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withhelda “Legal Requirement”). Tenant shall at its own cost and expense obtain shall, upon 10 days’ written notice from Landlord, discontinue any and all licenses and permits necessary for use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises. , Tenant shall comply with all governmental laws, ordinances and regulations applicable may continue to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances operate in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach such additional period granted by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammableapplicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In Tenant shall not permit any part of the event Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall result cause any equipment or machinery to be installed in an 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 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 insurance premiumscapacity). 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 alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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. A. The 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 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 may 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 withheldthis Lease. Tenant shall at occupy the Leased Premises, conduct its own cost business and expense obtain any control its agents, employees, invitees and all licenses visitors in such a manner as is lawful, reputable and permits necessary for its use of will not create a nuisance to other tenants in the PremisesProperty. Tenant shall comply with all governmental lawsnot solicit business, ordinances and regulations applicable to distribute handbills or display merchandise within the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseCommon Areas. Tenant shall not permit any objectionable operation which emits any odor or unpleasant odorsmatter which intrudes into other portions of the Property, smoke, dust, gas, use any apparatus or machine which makes undue noise or vibrations to emanate from causes vibration in any portion of the PremisesProperty or otherwise interfere with, nor take annoy or disturb any other action which would constitute a nuisance tenant in its normal business operations or would disturb or endanger any other tenants Landlord in its management of the building in which the Premises are situated or unreasonably interfere with their use of their respective PremisesProperty. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle neither permit any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit 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 manner applicable Legal Requirements (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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasedefined below).

Appears in 2 contracts

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

Use. A. The Tenant shall use the Leased Premises shall be used only for the purpose of general officea distribution center, receivingwarehouse facility, storing, shipping, assembly, light manufacturingfulfillment center and office purposes, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including purpose without limitation, trucks and other vehicles, is prohibited without Landlord’s the prior written consent which consent shall not be unreasonably withheldof Landlord. Tenant shall at its own cost will not use or occupy the Leased Premises for any unlawful purpose, and expense obtain any will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all licenses other governmental units or agencies having jurisdiction over the property and permits necessary for its use of the Leased Premises. Tenant shall comply with all governmental lawsnot cause, ordinances and regulations applicable maintain or permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to the use be made of the Leased Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding nor acts done, which will increase the correction, prevention and abatement existing rate of nuisances in insurance upon the Building or uponcause the cancellation of any insurance policy covering the Building, or connected with, the Premises, all at Tenant’s sole expenseany part thereof. Tenant shall not sell, or permit any objectionable to be kept, used, in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Leased Premises, nor take any other action article which would constitute a nuisance 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 insurance organization or would disturb company, necessary for the maintenance or endanger any other tenants of reasonable fire and public liability insurance covering the building in which the Premises are situated or unreasonably interfere with their use of their respective Leased Premises, Building and appurtenances. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle place on any product, material or merchandise floor a load exceeding the floor load per square foot which is explosive or highly inflammable. Tenant will not permit the Premises such floor was designed to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasecarry.

Appears in 2 contracts

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

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In The use that Tenant has disclosed to Landlord that Tenant will be making of the event Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any 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 result 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 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 increase Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in insurance premiumsthe area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. 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, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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. A. The Tenant shall use the Premises shall be used only for the purpose of general officeoffice use, receivingas a data processing center and other reasonably related activities, storing, shipping, assembly, light manufacturing, or only as otherwise outlined and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant stated in this lease and for such no other lawful purposes as may be incidental thereto. Outside storage, including purpose without limitation, trucks and other vehicles, is prohibited without the Landlord’s 's prior written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseconsent. Tenant shall not permit do, bring or keep anything in or about the Premises that will cause a cancellation of any objectionable insurance covering the Premises or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of their respective Premises. In addition to any other remedies insurance carried by the Landlord may have for is increased as a breach by Tenant result of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consentTenant's use, Tenant shall not receivepay to Landlord within ten (10) days after written demand from Landlord, store or otherwise handle the amount of any product, material or merchandise which is explosive or highly inflammablesuch increase. Tenant will 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 the use of the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void that will tend to create waste or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsa nuisance or, Tenant if there shall be solely responsible more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for said increasethe conduct of Tenant's business.

Appears in 2 contracts

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

Use. A. The Premises leased property shall be used only solely for the purpose of general officerecreational amenties for public use. . If the property is used for any other purpose, 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 may be incidental theretoLessor shall have the option of immediately terminating 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. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant Lessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or property in any manner (including without limitation that would obstruct or interfere with any method 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 storage) which would render any nature on the insurance thereon void 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 insurance risk more use and occupation of the leased property. Any activities in any way involving hazardous materials or cause the State Board substances of Insurance any kind whatsoever, either as those terms may be defined under any state or other insurance authority to disallow any sprinkler creditsfederal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. In the event Tenant’s The use of Premises shall result in an increase in insurance premiumspetroleum products, Tenant pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be solely held responsible for said increasethe performance of and payment for any environmental remediation that may be necessary, as determined by the 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 property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. A. (a) The Premises shall be used only for executive and administrative offices for the purpose conduct of general officeTenant's business, receiving, storing, shipping, assembly, light manufacturing, limited to the uses specifically set forth in the Basic Lease Information and selling (for no other than retail) products, materials and merchandise made and/or distributed purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and for such other lawful purposes uses to be made thereof by Tenant as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent set forth in the Basic Lease Information shall not be unreasonably withheldconstitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated Building or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. 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 thereon void or the insurance risk more hazardous or cause the State Board of Insurance Commissioner or other insurance authority to disallow any sprinkler credits. In If any increase in the event fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant’s 's use and occupancy of the Premises, or if Tenant vacates the Premises shall result in and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay the amount of such increase to Landlord as Additional Rent.

Appears in 2 contracts

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

Use. A. The Tenant agrees that it will continuously during the Term use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingoffice purposes, and selling (for no other than retail) productsbusiness or purpose. Tenant, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own sole cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental lawsexpense, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental orders rules, regulations or requirements now in force or which may hereinafter be in force, including, without limitation, the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq. and directives any governmental regulations relating thereto, including but any required alterations for purposes of “public accommodations” under such statute. Tenant shall not limited use or permit the Premises to those regarding be used in any manner nor do any act which would increase the correctionexisting rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, prevention and abatement of nuisances nor shall Tenant permit to be kept, used or sold, in or uponabout 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 shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or connected withany 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 manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with other tenants of the Building. If any of Tenant’s office machines or equipment disturbs the quiet enjoyment of any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at Tenant’s sole cost and expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 2 contracts

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

Use. A. The Premises Tenant shall be used use the premises only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling permitted use (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of defined in the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammableBasic Lease Information). Tenant will not occupy or use the premises, or permit any portion of the Premises premises to be used 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 (including without limitation or extra hazardous on account of fire, nor permit anything to be done which will in any method way increase the rate of storage) which would render insurance on the insurance thereon void Building or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In contents; and in the event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Building or contents created by Tenant’s use acts or conduct of Premises shall result in an increase in insurance premiumsbusiness, then such acts of Tenant shall be solely responsible for said increasedeemed 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 and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant 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 jurisdiction thereof) with reference to the use, condition or occupancy of the premises. Tenant will not, without the prior written consent of Landlord, paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of any 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. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and/or and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, with the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises their premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. Tenant will not permit the Premises premises to be used for any purpose or in any manner (including manner, including, without limitation limitation, any method of storage) storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event 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 's use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible 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 premises shall not exceed allowable design floor loading for said increasefloor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.

Appears in 2 contracts

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

Use. A. The Premises shall be used only and occupied for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingbusiness office purposes consistent with a first-class office building, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesor purpose. Tenant shall comply with all governmental lawspresent and future Laws relating to Tenant’s use or occupancy of the Premises (and make any repairs, ordinances alterations or improvements as required to comply with all such Laws), and regulations shall 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 use condition of the PremisesPremises for use as office space, and not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, shall promptly comply with all governmental orders be made by Landlord (and directives including but not limited to those regarding the correction, prevention and abatement of nuisances cost thereof shall be included in or upon, or connected with, the Premises, all at Tenant’s sole expenseexcluded from Operating Costs as provided in Section 3.2(a)(3) above). Tenant shall not permit any objectionable do, bring, keep or unpleasant odors, smoke, dust, gas, noise sell anything in or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which about the Premises are situated that is prohibited by, or unreasonably interfere with their use that will cause a cancellation of their respective Premisesor an increase in the existing premium for, any insurance policy covering the Property or any part thereof. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be occupied or used for any purpose or in any 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 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 limitation any method the prior consent of storageLandlord: (i) which would render bring into the insurance thereon void Building or the insurance risk more hazardous Premises anything that may cause substantial noise, odor or cause vibration, overload the State Board floors in the Premises or the Building or any of Insurance the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other insurance authority systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to disallow the utility systems of the Building any sprinkler creditsapparatus, 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. In the event Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Property or the risers or wiring installation of the Building. As of the date of this Lease Landlord has not received any notice of any violation of Law that has not been cured or otherwise resolved and that would adversely affect Tenant’s use or occupancy of the Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseor would materially affect the operation of the Building.

Appears in 2 contracts

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

Use. A. The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, research and selling development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in accordance with all applicable governmental laws and ordinances, and for no other purpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or any part thereof. Tenant 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 than retail) tenants or occupants of the Premises or neighboring premises or injure or annoy them, or use or allow the 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. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials and merchandise made and/or distributed by or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant and for such shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other lawful purposes as may device, system or apparatus which can be incidental thereto. Outside storage, including heard outside the Premises shall be used in or at the Premises without limitation, trucks and other vehicles, is prohibited without Landlord’s the prior written consent which consent shall not be unreasonably withheldof Landlord. Tenant shall at its own cost not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and expense obtain hold Landlord harmless against any and all licenses and permits necessary for its loss, expense, damage, reasonable attorneys' fees, or 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 all governmental lawsany covenant, ordinances condition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of the Landlord only and regulations applicable shall not be construed to be for the use benefit of any tenant or occupant of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 2 contracts

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

Use. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light 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 may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, with the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises their premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. Tenant will not permit the Premises premises to be used for any purpose or in any manner (including manner, including, without limitation limitation, any method of storage) storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event 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 's use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible 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 premises shall not exceed allowable design floor loading for said increasefloor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.

Appears in 2 contracts

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

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In The use that Tenant has disclosed to Landlord that Tenant will be making of the event Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, 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 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 in an increase in insurance premiumsof Tenant’s Alterations (excluding the Tenant Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, 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 Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be solely responsible for said increaseany 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. A. The Tenant may use the Demised Premises shall be used only as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the purpose sale and/or distribution of general officesupplies, receiving, storing, shipping, assembly, light manufacturing, equipment and selling (other than retail) products, materials apparel for marine and merchandise made and/or distributed by Tenant and boating uses or for such any other lawful purposes as may be incidental thereto. Outside storagepurpose for which Landlord provides it's written consent, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written such consent which consent shall not to be unreasonably withheld. Tenant Landlord's consent shall at its own cost and expense obtain any and all licenses and permits necessary for its be deemed to not be unreasonably withheld where (1) Tenant's proposed use of would violate an exclusive granted in the Entire Premises, or (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. Tenant shall comply with indemnify and hold Landlord harmless of and from all governmental fines or penalties imposed by law arising by reason of the violation by Tenant of any laws, rules, ordinances and or regulations applicable relating to the use conduct of business in the Demised Premises issued by any governmental authority having jurisdiction over the Demised Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit have any objectionable obligation to continuously use or unpleasant odors, smoke, dust, gas, noise occupy the Demised Premises or vibrations to emanate from conduct business therein during the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Term and Tenant of the terms of this Section 3, Landlord shall have the right (at any time and from time to have time) to discontinue the use and occupancy of the Demised Premises or cease the conduct of business therein; provided, however, that neither the cessation of Tenant's use or occupancy of the Demised Premises nor the discontinuation of the conduct of business therein shall relieve or discharge Tenant evicted from the Premises. Without Landlord’s prior written consentits obligation to pay Rent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 thereon void or the insurance risk more hazardous or cause the State Board of Insurance Additional Rent or other insurance authority to disallow any sprinkler credits. In amounts payable by Tenant and perform the event Tenant’s use of Premises shall result obligations required by this Lease in an increase in insurance premiums, Tenant shall be solely responsible for said increasethe time and manner set forth herein.

Appears in 2 contracts

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

Use. A. The Lessee shall use the Demised Premises shall be used only for the purpose of general officeas a recreational vehicle sales and service facility, receiving, storing, shipping, assembly, light manufacturinguses ancillary thereto, and selling (no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such purpose. In the event zoning or other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, laws or ordinances and regulations applicable to regulating the use of the PremisesDemised Premises at any time during the initial lease term or any extension thereof shall be modified or changed, and Lessee shall promptly use the Demised Premises only for such purposes as comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in such laws or upon, or connected with, the Premises, all at Tenant’s sole expenseordinances. Tenant shall Lessee agrees that it will not permit any objectionable unlawful occupation, business or unpleasant odors, smoke, dust, gas, noise trade to be conducted on the Demised Premises or vibrations any use to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition be made thereof contrary to any Legal Requirements, the REA or the other remedies Landlord may have for a breach by Tenant of the terms provisions of this Section 3, Landlord shall have the right to have Tenant evicted from the PremisesLease. Without Landlord’s prior written consent, Tenant Lessee shall not receive, store use or otherwise handle any product, material occupy or merchandise which is explosive or highly inflammable. Tenant will not permit the Demised Premises to be used for or occupied, nor do or permit anything to be done in or on the Demised Premises or any purpose or part thereof, in a manner that would in any manner (including without limitation way violate any method certificate of storage) which would render occupancy affecting the insurance thereon Demised Premises, or make void or the voidable any insurance risk more hazardous then in force with respect thereto, or cause the State Board of Insurance that may make it impossible to obtain fire or other insurance authority thereon required to disallow be furnished hereunder by Lessee, or that will cause or be likely to cause structural injury to any sprinkler creditsof the leased Improvements, or that will constitute a public or private nuisance or waste. In the event Tenant’s use of Premises shall result Nothing in an increase in insurance premiums, Tenant this Lease contained and no action or inaction by Lessor shall be solely responsible for said increasedeemed 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 Lessor in the Demised Premises.

Appears in 2 contracts

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

Use. A. The Premises leased property shall be used only solely for the purpose of general officerecreational amenties for public use. . If the property is used for any other purpose, 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 may be incidental theretoLessor shall have the option of immediately terminating 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. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant Lessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or property in any manner (including without limitation that would obstruct or interfere with any method 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 storage) which would render any nature on the insurance thereon void 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 insurance risk more use and occupation of the leased property. Any activities in any way involving hazardous materials or cause the State Board substances of Insurance any kind whatsoever, either as those terms may be defined under any state or other insurance authority to disallow any sprinkler creditsfederal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. In the event Tenant’s The use of Premises shall result in an increase in insurance premiumspetroleum products, Tenant pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be solely held responsible for said increasethe performance of and payment for any environmental remediation that may be necessary, as determined by the 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 property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. A. The Tenant shall use the Premises shall be used 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisesuses set forth in Section 1 above, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in use or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, 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 of said Certificate of Occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall 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 manner (including without limitation way obstruct or interfere with the rights of other tenants or occupants of the Project, or injure or annoy them, or use or allow the Premises to be used for any method of storage) which would render the insurance thereon void improper, immoral, unlawful or the insurance risk more hazardous objectionable purpose, nor shall Tenant cause, maintain or cause the State Board of Insurance permit any nuisance in, on or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.about

Appears in 2 contracts

Samples: Letter Agreement (Stac Inc), Stac Inc

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions in Section 1.1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances and regulations Legal Requirements now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant shall not permit shall, upon 5 days’ written notice Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous cost, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In 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 event 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 this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of Premises shall result in an increase in insurance premiumsthe Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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. A. The Tenant shall use the Premises for that use shown as Item 3 of the Basic Lease Provisions and shall not use or permit the Premises to be used only solely for any other purpose without 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent of Landlord which consent shall not may be unreasonably withheldwithheld in Landlord's sole discretion. Tenant shall at its own cost not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and expense obtain shall, upon written notice from Landlord, discontinue any and all licenses and permits necessary for its use of the PremisesPremises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with all 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. 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 and regulations applicable to ordinances, regulations, rules and/or directions in the use of the Premises, Premises shall be deemed to be a conclusive determination of that fact as between Landlord and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any objectionable fire, extended coverage or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the National Fire Protection Association or would disturb or endanger any other tenants 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 building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms provisions of this Section 3Section, Landlord but such reimbursement shall have not be construed as curing Tenant's default for failing to comply with the right to have Tenant evicted from the Premisesprovisions of this Section. Without Landlord’s prior written consent, Tenant shall not receivedo 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, store or otherwise handle any productinjure or annoy them, material or merchandise which is explosive use or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about 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 creditsPremises. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not commit or suffer to be solely responsible for said increasecommitted any waste in or upon the Premises.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In Tenant shall not permit any part of the event Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any 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 result 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 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 increase Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in insurance premiumsthe area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In The use that Tenant has disclosed to Landlord that Tenant will be making of the event Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any 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 result 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 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 increase Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in insurance premiumsthe area in which the Project is located) make any alterations or modifications to the Project that 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 Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be solely responsible for said increaseany 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. A. The Tenant shall use and occupy the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, a medical and selling (other than retail) products, materials beauty consultation and merchandise made and/or distributed by Tenant administration office and for such no other lawful purpose. 5 In the event the Tenant uses the Premises for purposes as not expressly permitted herein, the Landlord may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of terminate the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or uponLease, or connected withwithout notice to Tenant, the Premises, all at Tenant’s sole expenserestrain said improper use by injunction. Tenant shall not do or permit any objectionable anything to be done in or unpleasant odors, smoke, dust, gas, noise about the Premises nor bring or vibrations to emanate from keep anything therein which is not within the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants permitted use of the building Premises which will in which any way increase the Premises are situated existing rate of or unreasonably interfere with their use affect any fire or other insurance upon the Building or any of their respective Premisesits contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 do or otherwise handle permit anything to be done in or about the Premises which will in any product, material way obstruct or merchandise which is explosive interfere with the rights of other Tenants or highly inflammable. Tenant will not permit occupants of the Building or injure or annoy them or use or allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or allow to be committed any manner (including without limitation any method of storage) which would render waste in or upon 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 creditsPremises. In the event Tenant’s 's permitted use of the Premises shall result increases the existing rate of or affects any fire or other insurance, then and in an that event Tenant agrees to pay said increase in insurance premiumsimmediately 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 solely responsible for said increasedeemed 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.

Appears in 2 contracts

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

Use. A. The Premises premises shall be used 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 may be incidental theretohereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall shall, at its own cost and expense expense, obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odorsorders, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premisespremises. In addition to any other remedies remedies, Landlord may shall have the right to have Tenant evicted from the Premises for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s Landlord prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance Insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Tango Inc)

Use. A. The Premises shall are to be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturinga bank and incidental or related uses, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including business or purpose without limitation, trucks and other vehicles, is prohibited without Landlord’s the 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 or sold in or about the 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 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 further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the consent of Landlord, which consent shall not be unreasonably withheld. So long as Tenant shall at its own cost complies with all present and expense obtain any future ordinances and all licenses and permits necessary statutes relating thereto, Landlord agrees not to unreasonably withhold consent for its use installation by Tenant, on the roof of the Premises. Tenant shall comply with all governmental lawsReal Property, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises telecommunications equipment to be used for any purpose or exclusively by Tenant only in any manner (including without limitation any method the furtherance 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase's business.

Appears in 1 contract

Samples: Lease (Northern Empire Bancshares)

Use. A. The Throughout the Term (hereinafter defined) of this Lease, Tenant shall continuously use and occupy the Premises shall be used only for general and executive offices, warehousing and the purpose installation, operation and maintenance of general officetelecommunications equipment and transmission facilities, receivingincluding but not limited to, storing, shipping, assembly, light manufacturinga switch facility and customer collocation provising equipment, and selling other uses normally related thereto (other than retailthe "Permitted Use") products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may 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 withheldpurpose. Tenant shall at its own cost sole expense shall comply with all laws, rules, orders and expense obtain regulations of federal, state, county and municipal authorities and with any and all licenses and permits necessary for its 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 Premises. If Tenant shall comply with all governmental lawsreceives notice of any violation of law, ordinances and regulations ordiance, order or regulation applicable to the use of the Premises, and it shall promptly comply with all governmental orders and directives including but not limited give prompt notice thereof to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseLandlord. Tenant shall not permit any objectionable injure, overload, deface or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from commit waste in the Premises, nor take or any other action which would constitute a nuisance or would disturb or endanger any other tenants part of the building in which 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 use of the Premises are situated which is improper, offensive, contrary to law or unreasonably interfere with their use of their respective Premises. In addition ordinance or which is liable to render necessary any other remedies Landlord may have for a breach by Tenant alterations or additions in the Building, nor obstruct in any manner any portion of the terms of this Section 3Building or appurtenant land. Tenant may not, Landlord shall have the right to have Tenant evicted from the Premises. Without without Landlord’s 's prior written consent, Tenant shall not receiveinstall in the Premises any water fountains, store refrigerators, sinks or otherwise handle any productcooking equipment, material or merchandise which is explosive or highly inflammable. Tenant provided that Landlord's consent will not permit be unreasonably withheld with respect to items designed for the Premises to be used for any purpose or in any manner (including without limitation any method convenience of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance Tenant's employees and further provided that special venting or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result matters are not required in an increase in insurance premiums, Tenant shall be solely responsible for said increaseconnection therewith.

Appears in 1 contract

Samples: Lease Agreement (BGS Systems Inc)

Use. A. The 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 used only personal to the original Tenant under this Lease its Affiliates, and shall not be transferable or exercisable for the purpose 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 office, receiving, storing, shipping, assemblybusiness 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 selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use fully comply with the provisions of the PremisesSection 5.2 below. Tenant shall comply with all governmental laws, ordinances present and regulations applicable future Laws relating to the Tenant's use or occupancy of the PremisesPremises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall promptly comply with all governmental orders observe the "Building Rules" (as defined in Section 27 - Rules and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseRegulations). Tenant shall not permit any objectionable do, bring, keep or unpleasant odors, smoke, dust, gas, noise sell anything in or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which about the Premises are situated that is prohibited by, or unreasonably interfere with their use that will cause a cancellation of their respective Premisesor an increase in the existing premium for, any insurance policy covering the Property or any part thereof. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be occupied or used for any purpose or 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 its Affiliates), for educational activities (except as incidental to the 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 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 35 of this Lease. Tenant shall not, without limitation any method the prior consent of storageLandlord, (i) which would render bring into the insurance thereon void Building or the insurance risk more hazardous Premises anything that may cause substantial noise, odor or cause vibration, overload the State Board floors in the Premises or the Building or any of Insurance the heating, ventilating and air-conditioning ("HVAC"), mechanical, plumbing, electrical, fire protection, life safety, or other insurance authority systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to disallow the utility systems of the Building any sprinkler credits. In apparatus, 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 any electrical circuit in the event Tenant’s use Premises any equipment or other load with aggregate electrical power requirements in excess of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase80% of the rated capacity of the circuit.

Appears in 1 contract

Samples: Part of Lease Agreement (Natus Medical Inc)

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render the void Tenant’s or Landlord’s insurance thereon void or the insurance risk more hazardous or cause the State Board disallowance of Insurance any sprinkler or other insurance authority to disallow any sprinkler credits. In Tenant shall not permit any part of the event Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any 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 result cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use unless Tenant pays for any required upgrades to the capacity of the Building or the Project, as applicable. Landlord shall, at Landlord’s sole cost, be responsible for the compliance of the Common Areas of the Project with Legal Requirements (including with the ADA) as of the Commencement Date. After the Commencement Date, subject to the Operating Expense exclusions set forth in Section 5 above, Landlord shall, as an increase Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in insurance premiumsthe 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) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as otherwise expressly provided for in the two preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to particular Tenant’s particular use or occupancy of the Premises (excluding Legal Requirements that are generally applicable to tenants of similar properties in the vicinity of the Project, which shall be Landlord’s responsibility as an Operating Expense). Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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 any violation of Legal Requirements arising out of Tenant’s particular use or occupancy of the Premises during the Term, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims, including, but not limited to, any Claim arising out of a violation of Legal Requirements by any alterations or modifications made to the Premises by or for Tenant after the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Verenium Corp)

Use. A. (a) The Premises shall be used only for the general office purposes, any other lawful purpose of general office, receiving, storing, shipping, assembly, light manufacturingincidental to Tenant’s business, and selling (any other than retail) products, materials and merchandise made and/or distributed by Tenant and for such purposes consistent with uses of other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use office tenants in similar office buildings in the reasonable vicinity of the PremisesBuilding, and no other, unless consented to in writing by Landlord. Tenant shall comply with all governmental laws, ordinances and regulations applicable Subject to the foregoing and Tenant’s right to so use of and occupy the Premises, the Building and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of Common Areas under this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consentLease, Tenant shall not receivedo or, store to the extent caused by Tenant, permit to be done in or otherwise handle any productabout the Premises, material Building, or merchandise Common Areas, anything which is explosive prohibited by or highly inflammable. Tenant in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will not permit increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Areas or cause a cancellation of any insurance policy of Landlord covering the Premises or Building or any part thereof or any of its contents, or the Common Areas (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of in accordance with “Applicable Laws,” as defined below). Again subject to the foregoing and Tenant’s right to so use and occupy the Premises, the Building and the Common Areas under this Lease, Tenant shall not do or, to the extent caused by Tenant, permit anything to be done in or about the Premises, Building, or the Common Areas which will in any way violate “Rules or Regulations” (as defined below) reasonably promulgated by Landlord, with advance notice thereof to Tenant, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises, Building or the Common Areas to be used for any purpose improper, immoral, or in unlawful purpose, or cause, maintain or, as and to the extent caused by Tenant, permit any manner (including without limitation any method of storage) which would render nuisance, in, on or about the insurance thereon void Premises, Building, or the insurance risk more hazardous Common Areas or cause commit or, to the State Board of Insurance extent caused by Tenant, suffer to be committed any waste in, on or other insurance authority to disallow any sprinkler creditsabout the Premises, Building or the Common Areas. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasehave access to the Building, the Common Areas and Premises on a 24 hour/7 day a week basis.

Appears in 1 contract

Samples: Commercial Lease (Control4 Corp)

Use. A. The Tenant shall use the Premises shall be used only solely 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of Permitted Use specified in the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesSummary, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in use or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be used for any manner (including without limitation any method improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the rights of storage) which would render other tenants or occupants of the insurance thereon void Building or the insurance risk more hazardous Property, if any, or cause the State Board of Insurance injure or other insurance authority to disallow any sprinkler creditsannoy them. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building or the Property, nor commit or suffer to be solely responsible for said increasecommitted any waste in, on or about the Premises.

Appears in 1 contract

Samples: Trulia, Inc.

Use. A. The Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, storage and selling (other than retail) products, materials distribution of grocery and merchandise made and/or distributed by Tenant related products and for such no other lawful purposes as may be incidental theretopurpose whatsoever without Landlord's prior written consent. Outside storage, including including, without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain and maintain any and all licenses licenses, permits, and permits other approval necessary or appropriate for its use use, occupation or operation of the 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 ordinances, rules and regulations applicable to the use and condition of the Premises, and shall promptly comply with all governmental orders and directives including including, but not limited to to, those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to the Premises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not permit commit or allow to be committed or exist: (a) any waste upon the Premises, (b) any public or private nuisance, (c) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take or (d) any act or condition which disturbs the quiet enjoyment of any other action which would constitute a nuisance tenant in the Building, violates any of Landlord's contracts affecting any or would disturb all of the land or endanger 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 tenants 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 building in which good will or reputation of the Premises are situated land or unreasonably interfere with their use of their respective PremisesBuilding. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section Paragraph 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or explosive, highly inflammable, hazardous or a pollutant. Tenant will not permit the Premises to be used for any purpose or in any manner (including including, without limitation 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. In the event Tenant’s 's use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said such increase.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Use. A. The demised Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 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 the Premises is to include assembly of procedural medical trays for sterilization. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not consent. Tenant will be unreasonably withheldpermitted to have four (4) service vehicles parked at the loading dock at night and in legal parking spaces during the business day. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the their Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

Use. A. (a) The Premises shall be used only for executive and administrative offices, limited to 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 uses specifically set forth in the Basic Lease Information and for such no other lawful purposes as may be incidental theretowhatsoever. Outside storageLandlord does, including without limitationhowever, trucks represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheldadministrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the its use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances by Tenant in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated Building or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. Tenant will not permit use the Premises to be used 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 or cause the State Board of Insurance Commissioner or other insurance authority to disallow any sprinkler credits. In If any increase in the event fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant’s 's use and occupancy of the Premises, or if Tenant vacates the Premises shall result in and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay the amount of such increase to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Synquest Inc)

Use. A. The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, research and selling (development, and storage and other than retail) productsuses necessary for Tenant to conduct Tenant's business, materials provided that such uses shall be in accordance with all applicable governmental laws and merchandise made and/or distributed by Tenant ordinances, and for such no other lawful purposes as may 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 withheldpurpose. Tenant shall at not do or permit to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises of the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its own cost contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not knowingly do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance in, on or about the Premises or the Complex and expense obtain any and all licenses and permits necessary for its use agrees to take immediate corrective action upon becoming aware of such a problem in this area should one exist. No sale by auction shall be permitted on the Premises. Tenant shall comply with all governmental lawsnot place any loads upon the floors, ordinances and regulations applicable to walls, or ceiling, which endanger the use structure, or place any harmful fluids or other materials in the drainage system of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or uponbuilding, or connected with, overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable Premises or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants outside of the building in which the Premises are situated a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant inside of the terms building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of this Section 3any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, Landlord system or apparatus which can be heard outside the Premises shall have be used in or at the right Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to have Tenant evicted from be committed any waste in or upon the Premises. Without Landlord’s prior written consent, Tenant shall not receiveindemnify, store defend and hold Landlord harmless against any loss, expense, damage, attorneys' fees, or otherwise handle liability arising out of failure of Tenant to comply with any product, material or merchandise which is explosive or highly inflammableapplicable law. Tenant will 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 permit the Premises be construed to be used for the benefit of any purpose tenant or in any manner (including without limitation any method occupant 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseComplex.

Appears in 1 contract

Samples: Transmeta Corp

Use. A. The Premises No improvements shall be used only for constructed at the purpose of general officePremises and no items, receivingwhether considered real or personal property, 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 may will be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited placed upon or stored at the Premises without Landlord’s prior written consent 's permission, which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances exercised in or upon, or connected with, the Premises, all at Tenant’s Landlord's sole expensediscretion. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise noise, or vibrations to emanate from the Premises, nor or take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which party. Tenant, at its sole expense, shall cause the Premises are situated to comply with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or unreasonably interfere with their use of their respective Premises. In addition hereafter applicable to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3Premises (collectively, 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 or highly inflammable"Legal Requirements"). Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (including without limitation a) void any method of storageinsurance on the Premises; (b) which would render increase the insurance thereon void risk; or the insurance risk more hazardous (c) be prohibited by any applicable laws, rules regulations, ordinances, or cause the State Board restrictions of Insurance any government entity; or other insurance authority (d) violate any applicable agreements to disallow which Tenant is bound or of which Tenant has notice. If any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in the cost of any insurance premiumson the Premises is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be solely responsible for said increasesubject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease (Blue Rhino Corp)

Use. A. The Premises shall be used 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 set forth in Section 1.11 above and for such no other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s express prior written consent which consent shall not be unreasonably withheldconsent. Except as otherwise expressly noted herein, Tenant shall at its own cost be solely responsible for securing all necessary and expense obtain any and all appropriate permits, licenses and permits necessary approvals from all governmental authorities having jurisdiction for its the use of the Premises. Tenant shall comply not do or permit anything to be done in or about the Premises which in any way will obstruct or interfere with all governmental laws, ordinances and regulations applicable to the use rights of any other occupants of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or uponBuilding, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose or in which could injure the reputation of the Building or otherwise violate any manner (including without limitation recorded covenant or restriction affecting the Building. Tenant shall not cause or maintain or permit any method nuisance or commit or suffer the commission of storage) any waste in, on or about the Building. Tenant shall not place a load upon any floor of the Premises which would render exceeds the insurance thereon void or floor load per square foot which such floor was designed to carry. Landlord represents that the insurance risk floor load is not more hazardous or cause than _____ lbs/sf. Except as otherwise expressly noted herein, Tenant acknowledges that it shall be the State Board sole responsibility of Insurance or other insurance authority Tenant to disallow any sprinkler credits. In secure all necessary permits, licenses and approvals from all governmental authorities having jurisdiction for the event operation of Tenant’s use of Premises shall result in an increase in insurance premiumsbusiness. Notwithstanding the foregoing, Tenant Landlord shall be solely responsible to secure the Certificate of Occupancy for said increasethe Premises. Tenant 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 to obstruct or hinder the operation of the businesses of the other users. The Premises may be open to the public and Tenant’s customers and invitees only during normal business hours.

Appears in 1 contract

Samples: Commercial Lease

Use. A. The Premises shall be used only for general office and warehouse purposes, including the purpose design and prototyping of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) various medical products, materials for such other uses as may be designated on the Data Sheet and merchandise made and/or distributed by Tenant and only for such other lawful purposes as may be incidental thereto. Outside storagestorage including, including without limitation, storage trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheldoutside garbage containers and outdoor furniture are prohibited. Tenant shall at its own cost be obligated to keep the area surrounding the garbage dumpster free from trash and expense obtain any debris and all licenses in a clean and permits necessary for its use of the Premisessanitary condition. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or any nuisance in, upon, or connected with, the Premises, all at Tenant’s 's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with any governmental laws, ordinances, regulations, orders, or directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of Tenant's specific use of the Premises or Building, in which event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise noise, or vibrations to emanate from the Premises, nor take any other action which would that may constitute a nuisance or would may disturb or endanger any other tenants of the building in which the Premises are situated Building or neighboring buildings, or unreasonably interfere with their any other tenant's use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammableits premises. Tenant will not permit the Premises to be used for any purpose or in any manner (including manner, including, without limitation limitation, the storage or parking of automobiles or trailers, nor any method of storage) which storage that would render the insurance thereon on the Building or the Property void or the insurance risk insured risks more hazardous or cause the State Board of Insurance or other insurance authority to disallow hazardous. If any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in the fire and extended coverage insurance premiumspremiums paid by Landlord for the Property is caused by Tenant's use and occupancy of the Premises, then Tenant shall be solely responsible for said pay to Landlord as additional rent the amount of such increase.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma Inc)

Use. A. The Premises shall be used only for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of general officeinsurance coverage with respect to the Building. Tenant will conduct its business and control its agents, receivingservants, storingemployees, shippingcustomers, assembly, light manufacturinglicensees, and selling (invitees in such a manner as not to interfere with or disturb other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 withheldtenants or Landlord in the management of the Property. Tenant shall at its own cost will maintain the Premises in a clean and expense obtain healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any and all licenses and permits necessary for its use governmental entity with reference to the use, condition, configuration or occupancy of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisesnot, and shall promptly not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and uniformly enforced against all governmental orders tenants at the Property, and directives including but 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 in writing, will not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at diminish Tenant’s sole expense. rights under this Lease, and will not prohibit Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from conducting its business for the Premises, nor take any other action which would constitute uses permitted by this Lease in a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premisescommercially reasonable manner. In addition to any other remedies Landlord may have for the event of a breach by Tenant of conflict between the rules and regulations and the terms of this Section 3Lease, the terms of this Lease shall control. Landlord shall have not knowingly enforce the right to have rules and regulations against 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 or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasea discriminatory manner.

Appears in 1 contract

Samples: Office Lease Agreement (Lpath, Inc)

Use. A. (a) The Premises shall be used only for the purpose of general officestorage, receiving, storing, shipping, assembly, light manufacturing, distribution and selling (sales of safety equipment and other than retail) products, materials and merchandise made and/or distributed by Tenant and products for such other lawful purposes as may be incidental theretooutdoor sports. Outside storage, including without limitation, trucks and other vehicles, storage is prohibited without Landlord’s prior written consent which consent consent, except for the outside storage of Tenant’s trucks and trailers within the designated area for such trucks and trailers. Tenant and its employees, customers and licensees shall not have the non-exclusive right to use the parking areas, if any, as may be unreasonably withhelddesignated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations and any and all covenants, easements and restrictions affecting the Premises and applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of at the building in which the Premises are situated Property, or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or other merchandise which is explosive or highly inflammableflammable. 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 thereon void or the insurance risk more hazardous or cause the State Board of Insurance insurance regulatory authority for the state in which the Premises are situated or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of the Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for the payment of said increase.

Appears in 1 contract

Samples: Lease Agreement (Leatt Corp)

Use. A. The Premises shall be used 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, limitation is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the PremisesPremises should Tenant fail to xxxxx the nuisance or unreasonable interference with other Tenants. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s 's use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Basic Lease Information (Gargoyles Inc)

Use. A. The Premises premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is garbage containers and outdoor furniture are prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances nuisance in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise which is explosive or highly inflammableflammable. 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 thereon 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. In the event Tenant’s use of Premises shall result in an If any increase in the fire and extended coverage insurance premiumspremiums paid by Landlord for the Building is caused by Tenant's use and occupancy of the Premises, then Tenant shall be solely responsible for said pay to Landlord as additional rent the amount of such increase.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 5 business days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation that would be reasonably anticipated to void Tenant’s or Landlord’s insurance. Tenant shall not permit any method part of storage) which would render the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance thereon void policy by reason of Tenant’s failure to comply with the provisions of this Section or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority otherwise demonstrated by Landlord to disallow any sprinkler credits. In the event be caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall result 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. Except as may be provided in the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use, which consent shall not be unreasonably withheld, conditioned or delayed so long as Tenant provides for and pays for the necessary increases in the applicable 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 Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an increase Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in insurance premiumsthe 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, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, the Tenant Improvements or Tenant Alterations. Notwithstanding any other provision herein to the contrary, and except as provided in the first two sentences of this paragraph, Tenant shall be solely responsible for said increaseany 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, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations.

Appears in 1 contract

Samples: Lease Agreement (Alpha Healthcare Acquisition Corp.)

Use. A. The Tenant shall use and occupy the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingPermitted Uses set forth in Section 1.01(e) hereof, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 withheldpurposes. Tenant shall at its own cost not use 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, and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with the CCR and all federal, state, and local governmental laws, ordinances ordinances, orders, rules and regulations applicable to the use 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 subleases with third party vendors of Tenant’s choice for the purpose 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, and 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 promptly comply with all governmental orders and directives including but be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not limited to those regarding the correction, prevention and abatement of nuisances do anything in or upon, about the Premises and/or Project which will in any way obstruct or connected with, unreasonably interfere with the Premises, all at Tenant’s sole expenserights of other tenants or occupants of the Project. Tenant shall not permit any objectionable nuisance in, on or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from about the Premises. Without Landlord’s prior written consent, Tenant shall not receive, store commit or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises suffer to be used for committed any purpose waste in or in any manner (including without limitation any method of storage) which would render upon 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasePremises.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. A. The Premises shall be continuously used by Tenant, but only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may 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 withhelduse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use any such use. The outside storage of the Premisesany property (including, without limitation, overnight parking of trucks and other vehicles) is prohibited. Tenant shall comply with all governmental laws, ordinances and regulations ("Laws") applicable to the its use and occupancy of the Premises, Premises and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, with the Premises, all at Tenant’s 's sole expense. If as a result of any change in Laws, the Premises must be altered to lawfully accommodate the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for the failure of the Tenant to comply with such Laws. Tenant and its employees, customers and licensees shall not permit have the nonexclusive right to use in common with the other parties occupying the Building, common parking areas, if any, (exclusive of any objectionable parking or unpleasant odors, smoke, dust, gas, noise work load areas designated or vibrations to emanate from be designated by Landlord for the Premises, nor take any other action which would constitute a nuisance exclusive use of Tenant or would disturb or endanger any other tenants occupying or to be occupying other portions of the building in which Building), driveways and alleys adjacent to the Premises are situated or unreasonably interfere with their use of their respective PremisesBuilding. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall at all times have the right to have Tenant evicted from promulgage such reasonable rules and regulations as it deems advisable for the Premises. Without Landlord’s prior written consentsafety, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit care and cleanliness of the Premises and for the preservation of good order therein. Copies of all rules and regulations, changes, and amendments will be forwarded to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler creditsTenant. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasethe compliance with such rules and regulations by Tenant's agents, employees, and invitees.

Appears in 1 contract

Samples: Lease Agreement (Globecomm Systems Inc)

Use. A. The Premises shall be used only solely 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 Permitted Use and for such no other lawful purposes as may be incidental theretouse or purpose. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use Without limiting the generality of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consentforegoing, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for the Prohibited Uses as set forth in Exhibit “C” attached hereto and incorporated as a part hereof. Tenant shall comply with all federal, state and municipal laws, ordinances and regulations relating to the Premises and the business conducted therein. Tenant shall not use or permit to be used any purpose advertising medium or device, such as phonograph, radio or public address system, without the prior written consent of Landlord. Tenant shall not use, or permit to be used, the Premises for any illegal or immoral purpose. Tenant shall not use or permit the use of the Premises for the generation, storage, treatment, use, sale, transportation or disposal of any chemical, material or substance that could pose a hazard to the health and safety of the other tenants and occupants of the Property or in violation of any manner (including without limitation law, rule or regulation relating to hazardous substances of any method applicable governmental authority. Tenant shall comply with all environmental laws relating to Tenant’s business and use and occupancy of storage) which would render the insurance thereon void or Premises. As a material inducement to Landlord to enter into this Lease, Tenant agrees to operate its business in the insurance risk more hazardous Premises at all times during the term of this Lease. The provisions of this Section 11 are intended solely for the benefit of Landlord and are not intended for the benefit of any other tenant of the Property. No other tenant of the Property shall have the right to enforce or cause Landlord to enforce the State Board of Insurance provisions hereof; nor shall Tenant have the right to enforce or cause Landlord to enforce this or any similar provision in any other insurance authority to disallow any sprinkler credits. In lease for space in the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseProperty.

Appears in 1 contract

Samples: Lease Agreement (DSW Inc.)

Use. A. The Premises shall be used 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 Permitted Uses set forth in the --- Basic Lease Information and for such no other lawful purposes as may be incidental theretouses. 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 at its own cost and expense obtain any and all licenses and permits necessary for its Tenant's use of the PremisesPremises 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 comply with all governmental laws, ordinances --------- the reasonable rules and regulations applicable as Landlord may from time to time prescribe. Tenant shall not commit waste, overload the use floors or structure of the Premises, and shall promptly comply with all governmental orders and directives including but not limited subject the Premises or the Project to those regarding any use which would damage the correctionsame or increase the risk of loss or violate any insurance coverage, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb disturb, obstruct or endanger any other tenants of the building in Project, take any action which the Premises are situated would abrogate any warranties, or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose 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 do any act which shall in any manner (including without limitation any method way encumber the title of storage) which would render Landlord in and to the insurance thereon void Premises or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseProject.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Use. A. The Tenant shall use and occupy the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingPermitted Use set forth in Section 1.01(e) hereof, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 withheldpurposes. Tenant shall at its own cost not 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 expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all federal, state, and local governmental laws, ordinances ordinances, orders, rules and regulations applicable to the use 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, and 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, there shall promptly comply with be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all governmental orders and directives including but times during the term of this Lease, Tenant will not limited allow occupancy of the Premises to those regarding the correction, prevention and abatement exceed a ratio of nuisances 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 upon, about the Premises and/or Project which will in any way obstruct or connected with, interfere with the Premises, all at Tenant’s sole expenserights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any objectionable nuisance in, on or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take . Tenant shall not commit or suffer to be committed any other action which would constitute a nuisance waste in or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord’s 's prior written consent, Tenant shall not receiveuse, store store, install, spill, remove, release or otherwise handle any product, material dispose of within or merchandise which is explosive or highly inflammable. Tenant will not permit about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to be used for any purpose or in any manner (including without limitation any method of storage) which would render Tenant pursuant to 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsforegoing sentence, Tenant shall 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 clean up or removal required to be solely responsible for said increaseperformed with respect to such asbestos-containing, toxic or hazardous materials.

Appears in 1 contract

Samples: Ivg Corp

Use. A. (a) The Premises shall be used only for the purpose set forth in Item 18 of general office, receiving, storing, shipping, assembly, light manufacturingthe Basic Lease Provisions and for reasonable and customary uses ancillary thereto, and selling 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. (other than retailb) productsOutside storage including, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent consent; provided, however, subject to applicable Legal Requirements, Tenant shall not be unreasonably withheldhave 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 obtain, at its own Tenant’s sole cost and expense obtain expense, any and all licenses and permits necessary for its Tenant’s contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with as well as all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement requirements of nuisances in or upon, or connected with, the Premises, all at TenantLandlord’s sole expenseinsurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the building in which the Premises are situated Property, or unreasonably interfere with their such other tenants’ use of their respective Premisesspace. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit - 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 for 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 purpose 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 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 use any Building system in excess of its capacity or in any other manner (including without limitation any method of storage) which would render the insurance thereon void may damage such system or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler creditsBuilding. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase4.

Appears in 1 contract

Samples: Agreement of Lease

Use. A. The Premises shall be used 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 Permitted Use and for such no other lawful purposes as may 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 withheldpurpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its agrees not to use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to or permit the use of the PremisesPremises 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 in such a manner as not to unreasonably interfere with or unreasonably disturb other tenants or Landlord in the management of the Property. Tenant will maintain the Premises in a clean and sanitary condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to (i) Tenant’s particular use of the Premises or (ii) any Alterations undertaken by or on behalf of Tenant or anyone claiming by, through, or under Tenant (but in no event shall the need for compliance be deemed to result from Alterations undertaken by or on behalf of Tenant if non-compliance is merely discovered as a result of such Alterations as opposed to being caused by the Alterations undertaken by Tenant); provided, however, that in no event shall Tenant be responsible for bringing the Premises into compliance with applicable laws, ordinances, orders, rules and regulations of any governmental entity in effect as of the Commencement Date to the extent applicable to the use, condition, configuration or occupancy of the Premises for general and executive offices, generally, as opposed to Tenant’s particular use. Tenant shall not, and shall promptly not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at its expense, will comply with all governmental orders the rules and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants regulations of the building Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in which the Premises are situated or unreasonably interfere with their use of their respective Premiseswriting. In addition to any other remedies Landlord may have for the event of a breach by Tenant of conflict between the rules and regulations and the terms of this Section 3Lease, the terms of this Lease shall control. Landlord shall have not knowingly enforce the right to have rules and regulations against 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 or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasea discriminatory manner.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Use. A. The Premises shall be used only for the purpose of general officeoffice purposes, receiving--- computer and telecommunications equipment room (including, storingwithout limitation, shipping, assembly, light manufacturing, and selling (other than retailcollocation services to Tenant's customers) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes use or purpose without the prior written consent of Landlord. Except as may be incidental thereto. Outside otherwise permitted in this Lease, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Landlord represents to the 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, 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 the its specific use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances caused by Tenant or its agents, employees, customers or invitees in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisesnuisance. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including including, without limitation 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. In Tenant shall not use the event Tenant’s Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances; provided, however, that Tenant may use of Premises shall result materials or substances in small quantities as are typically used in an increase office building and in insurance premiumsa telecommunications and computer equipment room, Tenant shall be solely responsible and materials required for said increasecleaning 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. The Tenant shall use the Premises shall be used 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use stated in Item 3 of the PremisesBasic Lease Provisions. Tenant The parties agree that any contrary use shall comply with all governmental laws, ordinances be deemed to cause material and regulations applicable irreparable harm to the use of the Premises, Landlord and shall promptly comply with all governmental orders and directives including but not limited entitle Landlord to those regarding the correction, prevention and abatement of nuisances injunctive relief in or upon, or connected with, the Premises, all at Tenant’s sole expenseaddition to any other available remedy. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable way interfere with the rights or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any quiet enjoyment of other action which would constitute a nuisance or would disturb or endanger any other tenants occupants of the building in which Building or the Premises are situated Project, or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any manner (insurance policy(ies) covering the Building, the Project and/or their contents, 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 any method 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 storage) which would render the insurance thereon void Premises. Tenant shall not generate, handle, store or the insurance risk more dispose of hazardous or cause toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the State Board Premises or Project without the prior written consent of Insurance 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 other insurance authority to disallow toxic materials that may be required by any sprinkler creditsgovernmental agency. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.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 toxic materials in the

Appears in 1 contract

Samples: Office Space Lease (United Panam Financial Corp)

Use. A. The Demised Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling use set forth on the summary page hereof (other than retail“Permitted Use”) products, materials and merchandise made and/or distributed by Tenant and for no other business or purpose. No act shall be done in or about the Demised Premises that is unlawful or that will increase the existing rate of insurance on the Building or that is prohibited by or causes a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not commit or allow to be committed any waste upon the Demised Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall not, without the prior written consent of Landlord, use any apparatus, machinery or device in or about the Demised Premises which will overload the Building or any portion thereof or which will cause any substantial noise or vibration or fumes. If any of Tenant’s office machines and equipment should create noise, vibration, fumes or otherwise disturb the quiet enjoyment of any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other lawful purposes action as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of to eliminate the Premisesdisturbance. Tenant shall comply with all governmental laws, ordinances laws relating to its use or occupancy of the Demised Premises and shall observe such reasonable rules and regulations applicable as may be adopted and made available to Tenant by Landlord from time to time for the use safety, care and cleanliness of the PremisesPremises and the Building, and shall promptly comply with all governmental orders for the preservation of good order therein. The rules and directives including but not limited to those regarding regulations in effect at the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants time of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms making of this Section 3Lease are attached hereto as Exhibit “F” and are subject to change by Landlord from time to time, 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 or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant changes shall be solely responsible for said increaseeffective not sooner than ten (10) days following written notice thereof to Tenant.

Appears in 1 contract

Samples: Lease (Combinatorx, Inc)

Use. A. The Premises shall be used only for the purpose purposes 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 may be incidental thereto. Tenant shall conduct such activities in such a manner as to not constitute a violation of the covenants and deed restrictions of Century Plaza. Outside storage, including including, without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall obtain, at its own cost and expense obtain expense, any and all licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances in or in, upon, or connected with, in connection with the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable objectional or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants Tenants of the building in which situated on the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or in any manner manner, (including including, without limitation 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Use. A. The Premises shall be used 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 Permitted Uses and for such no other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited purpose without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost will use the Premises in a careful, safe and expense obtain any proper manner and all licenses and permits necessary for its use will not commit waste, overload the floor or structure of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable use commercially reasonable efforts to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit prevent any materially objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor Premises or take any other action which that would constitute a nuisance or would disturb unreasonably disturb, interfere with or endanger Landlord or any other tenants of the building in which party. Tenant, at its sole cost and expense, shall use and occupy the Premises are situated in compliance with all laws, ordinances, regulations and building codes, including, without limitation, the ADA (hereinafter defined), judgments, codes, directives, permits, licenses, covenants and restrictions now or unreasonably interfere with their use of their respective Premises. In addition hereafter applicable to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consent, Tenant The Premises shall not receivebe used as a place of public accommodation under the ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, store all as may be amended from time to time. Tenant shall, at its cost and expense, make any alterations or otherwise handle modifications, within or outside the Premises, that are required by any productsuch law, material ordinance, regulation or merchandise which is explosive or highly inflammablebuilding code. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would: (including without limitation a) void any method of storageinsurance on the Premises; (b) which would render increase the insurance thereon void or the insurance risk more hazardous or risk; (c) cause the State Board disallowance of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use ; (d) be prohibited by any applicable law, ordinance, regulation or building code; or (e) violate any applicable agreement to which Tenant is bound or of Premises shall result in an increase in insurance premiums, which Tenant shall be solely responsible for said increasehas notice.

Appears in 1 contract

Samples: Lease Agreement (SunOpta Inc.)

Use. A. The Leased Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and assembly of raw materials to form completed products made and/or distributed by Tenant, and for such other lawful purposes as may be incidental thereto. Outside storage, including including, without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost costs and expense obtain any and all licenses and permits necessary for its any use of the Leased Premises. 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 limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, Leased Premises all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Leased Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated Building or Project or unreasonably interfere with their the use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Leased Premises to be used for any purpose or in any manner (including including, without limitation 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasefaithfully observe and comply with the rules and regulations attached to this Lease as Exhibit "B", as well as all modifications thereof and additions thereto as are from time to time promulgated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Sharps Compliance Corp)

Use. A. The Tenant shall use the Premises shall for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used only for those purposes. Tenant waives any right to terminate this lease in 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 event the Premises cannot be used for such purposes during the Lease term. The premises may not be used for any other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited purpose without Landlord’s prior 's written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseconsent. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything therein which will in any objectionable way increase the existing rate of or unpleasant odorsaffect any fire or other insurance upon the Building or any of its contents, smoke, dust, gas, noise or vibrations to emanate from cause cancellation of insurance policy covering the Premises, nor take Building or any other action which would constitute a nuisance part thereof or would disturb any way obstruct or endanger any interfere with the rights of other tenants or occupants of the building in which the Premises are situated Building or unreasonably interfere with their injure or annoy them or use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose. Tenant shall not commit or suffer to be committed any waste in any manner (including without limitation any method of storage) which would render or upon the insurance thereon void Premises. Tenant shall not place upon or the insurance risk more hazardous or cause the State Board of Insurance install in windows or other insurance authority openings or exterior sides of doors or walls of the 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 disallow regulation under any sprinkler creditsfederal, state, or local law, regulation, or ordinance on or around the Premises, 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible fully and completely liable to Landlord for said increase.any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the use, storage,

Appears in 1 contract

Samples: Nutraceutix Inc

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Use. A. The Premises shall be occupied and used only by Tenant for the purpose operation of general office, receiving, storing, shipping, assembly, light manufacturinga retail automotive dealership, and selling (other than retail) productsany and all related, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storageancillary, including or complementary purposes, including, without limitation, trucks the display, sale, storage, and other service of new and used automotive vehicles, is prohibited without Landlord’s prior written consent which consent and any other lawful uses (the “Permitted Use”). In no event shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain use or occupy or permit any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental lawsPremises to be used or occupied, ordinances and regulations applicable nor do or permit anything to the use be done in or on any of the Premises, and shall promptly comply with all governmental orders and directives including but not limited in a manner which constitutes a Prohibited Use (as defined below) or which (a) violates any Law; (b) makes void or voidable or causes any insurer to those regarding the correction, prevention and abatement of nuisances in or uponcancel any insurance required by this Lease, or connected withmakes it difficult or impossible to obtain any such insurance at commercially reasonable rates; (c) constitutes a nuisance or physical waste; or (d) violates, or not be permitted pursuant to, any document or instrument that was, as of the day prior to the Effective Date, filed in the Real Property Records of the County and actually affects title to the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from as listed on the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of attached Exhibit B (the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises“Existing Encumbrances”). Without LandlordTenant’s prior written consent, Tenant which consent shall not receivebe in Tenant’s sole and absolute discretion, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant Landlord will not permit 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 be used for any purpose or in any manner (including without limitation any method of storagei) 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. In the event 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 result in an increase in insurance premiumsnot, Tenant shall by itself, be solely responsible for said increasedeemed a breach or Event of Default under this Lease.

Appears in 1 contract

Samples: Asset Purchase Agreement (Asbury Automotive Group Inc)

Use. A. The Premises shall be used only and occupied 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 general office, receiving, storing, shipping, assembly, light manufacturinga medical instrumentation company, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesor purpose. Tenant shall comply with all governmental laws, ordinances present and regulations applicable future Laws relating to the 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 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 3.2(a)(3) above), and shall promptly comply with all governmental orders observe the “Building Rules” (as defined in Section 27 - Rules and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseRegulations). Tenant shall not permit any objectionable do, bring, keep or unpleasant odors, smoke, dust, gas, noise sell anything in or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which about the Premises are situated that is prohibited by, or unreasonably interfere with their use that will cause a cancellation of their respective Premisesor an increase in the existing premium for, any insurance policy covering the Property or any part thereof. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be occupied or used for any purpose or 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 not, without limitation any method the prior consent of storage) which would render Landlord, bring into the insurance thereon void Building or the insurance risk more hazardous Premises anything that may cause substantial noise, odor or cause vibration, overload the State Board floors in the Premises or the Building or any of Insurance the heating, ventilating and air-conditioning (“HVAC”), mechanical, plumbing, electrical, fire protection, life safety, security or other insurance authority systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to disallow the utility systems of the Building any sprinkler creditsapparatus, 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasehonor and comply with the terms of all recorded covenants, conditions and restrictions relating to the Property.

Appears in 1 contract

Samples: Lease Agreement (Fox Hollow Technologies Inc)

Use. A. Tenant shall occupy the Premises solely for the Permitted Use. The Premises shall not be used only for any other purpose without 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 may 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 withheldof 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 its own cost Tenant's expense, with (i) all present and expense obtain 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 all licenses operations within the Premises, and permits necessary for its use (ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises. The foregoing notwithstanding, Landlord shall remain responsible for any improvements required by the Americans with Disabilities Act, any by applicable life, fire and safety codes or similar laws, rules and regulations, except (i) Tenant shall comply with be responsible for all governmental laws, ordinances and regulations applicable 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 shall promptly comply with all governmental orders regulations but for such deviation(s), and directives including but not limited (3) such deviation is itself NOT due to those regarding the correctionacts or omissions of a general contractor, prevention and abatement of nuisances in subcontractor or uponother party designated or selected by Tenant, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit and/or (C) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations Alterations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated made by or unreasonably interfere with their use on behalf of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3Tenant, and (ii) Landlord shall have the right to have Tenant evicted from include the Premisesexpenses associated with any such improvements as Operating Expenses to the extent permitted under Sections 7.2 and 7.3 of the Lease (and subject to the limitations set forth therein). Without Landlord’s prior written consent, Tenant shall not receiveuse or occupy the Premises in any manner that is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to Landlord or the other tenants of the Building. Tenant shall not use, store or otherwise handle dispose of any producthazardous, material dangerous, inflammable, toxic or merchandise which is explosive or highly inflammable. Tenant will not permit materials on the Premises Premises, other than Permitted Materials (as defined in, and solely to be used for any purpose or in any manner (including without limitation any method the extent allowed under, Article 26 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasethis Lease).

Appears in 1 contract

Samples: Pathnet Telecommunications Inc

Use. A. The Premises premises shall be used only for the purpose of general officereceiving, receivingmanufacturing, storing, shipping, assembly, 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 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, is garbage containers and outdoor furniture are prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances nuisance in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle on the Premises any product, material or merchandise which is explosive or highly inflammableflammable. 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 thereon 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. In the event Tenant’s use of Premises shall result in an If any increase in the fire and extended coverage insurance premiumspremiums 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 solely 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 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 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 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 additional rent, within thirty (30) days after delivery of the summary. Tenant or its representatives shall have the right 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), such summary shall be considered as final and accepted by Tenant. If it is determined that Tenant paid Operating Costs in excess of one hundred and five percent (105%) of actual Operating Costs, Landlord 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, 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 governmental charges of any kind and nature whatsoever (herein collectively referred to as "taxes") lawfully due and payable with respect to the Building and the Property. If at any time during the term of this lease, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments or governmental charges levied, assessed or imposed on real estate and the improvements thereon, there shall 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 future building or buildings on the Property, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "taxes" for the purposes hereof. Landlord's Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and any casualty covered by the provisions of Paragraph 12A excepted, all parts of the Building, other than tenants' premises, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or nonstructural, including roof, 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 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 for said increaseunder 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. A. The Tenant shall use the Premises for the uses set forth in Section 1 above, and shall not use or permit the Premises to be used only for any other purpose without 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent of Landlord. Nothing contained herein shall not be unreasonably withhelddeemed to give Tenant any exclusive right to such use in the Building. Tenant shall at its own cost not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, and expense obtain shall, upon written notice from Landlord, discontinue any and all licenses and permits necessary for its use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or 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 nature 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 way obstruct or interfere with the rights of other tenants or occupants of the Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all governmental laws, ordinances restrictive covenants and regulations applicable to obligations created by private contracts which affect the use and operation of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected withBuilding, the Premises, all at Tenant’s sole expenseCommon Area or the Project. Tenant shall not permit commit or suffer to be committed any objectionable waste in or unpleasant odorsupon 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, smokesafes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, dust, gas, Tenant's business machines and mechanical equipment which cause vibration or noise or vibrations that may be transmitted to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated structure or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach space in the building shall be so installed, maintained and used by Tenant of the terms of this Section 3, Landlord shall have the right as to have Tenant evicted from the Premiseseliminate such vibration or noise. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseall structural engineering required to determine structural load.

Appears in 1 contract

Samples: Heritage Oaks Bancorp

Use. A. The Tenant warrants and represents to Landlord that the Leased Premises shall be used only and occupied solely 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 purposes set forth in Article 1 and for such no other lawful purposes as may 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 withheldwhatsoever. Tenant shall at occupy the Leased Premises, conduct its own cost business and expense obtain any control its agents, employees, invitees and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable visitors (to the use of extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and shall promptly comply with all governmental orders and directives including but will not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expensecreate a nuisance. Tenant shall not permit any objectionable operation which emits any excessive or unpleasant odorsoffensive odor or matter which intrudes into other portions of the Building, smoke, dust, gas, use any apparatus or machine which makes undue noise or vibrations to emanate from causes undue vibration in any portion of the PremisesBuilding or otherwise materially interfere with, nor take annoy or disturb any other action which would constitute a nuisance lessee in its normal business operations or would disturb or endanger any other tenants Landlord in its management of the building in which the Premises are situated or unreasonably interfere with their use of their respective PremisesBuilding. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle neither permit any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any manner (including without limitation any method way which would, in the reasonable opinion of storage) Landlord, be extra hazardous on account of fire or which would in any way increase or render void the fire insurance thereon void on the Building. If any governmental license or permit shall be required for the insurance risk more hazardous or cause proper and lawful conduct of Tenant's business in the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsLeased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at all times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be solely responsible used or occupied in violation of (i) the Certificate of Occupancy for said increasethe Leased Premises or for the Building, (ii) any of the provisions of this Lease, or (iii) zoning ordinances, and rules and regulations of governmental and quasi governmental authorities having jurisdiction over the Building.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Use. A. The Premises Tenant shall be used use the premises only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling permitted use (other than retailas defined in paragraph 1(g) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammablehereof). Tenant will not occupy or use the premises, or permit any portion of the Premises premises to be used 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 (including without limitation or extrahazardous on account of fire, nor permit anything to be done which will in any method way increase the rate of storage) which would render fire insurance on the insurance thereon void Building or the insurance risk more hazardous or cause the State Board contents; and in event that, by reason of Insurance or other insurance authority to disallow acts of Tenant, there shall by any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in rate of insurance premiums, on the Building or contents created by Tenant's acts or conduct of business then such acts of Tenant shall be solely responsible for said increasedeemed 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 and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant 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 jurisdiction thereof) with reference to use, condition or occupancy of premises. Tenant will not, without the prior written consent of Landlord, paint, install lighting 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 of the foregoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Pharmchem Laboratories Inc)

Use. A. The Premises shall be used only solely 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 use set forth in the Basic Lease Information and for no other use or purpose. Landlord acknowledges that such other lawful purposes as use may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseinclude [...***...]. Tenant shall not unreasonably do or suffer or permit anything to be done in or about the Premises or the Property which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the building in which the Premises are situated Buildings or unreasonably interfere with their injure or annoy them, or use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material suffer or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous or cause Real Property. Without limiting the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsforegoing, Tenant shall not permit any odors, smoke, dust, gas or other substances to emanate from the Premises except in accordance with all applicable Legal Requirements and sound environmental practices and through such devices and in such manner as shall not interfere with the use of the Property by other tenants or permitted users thereof or cause any damage to the Premises or the balance of the Property, and as Landlord shall have approved in writing, such approval not to be solely responsible unreasonably withheld, nor shall Tenant permit any noise or vibration to emanate from the Premises without the prior written approval of Landlord, and no loudspeakers or other similar device which can be heard outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises. Tenant shall not commit or suffer to be committed any waste in, to or about the Premises. Tenant agrees not to employ any person, entity or contractor for said increaseany work in the Premises (including moving Tenant's equipment and furnishings in, out or around the Premises) whose presence may give rise to a labor or other disturbance in the Building and, if necessary to prevent such a disturbance in a particular situation, Landlord may require Tenant to employ union labor for the work.

Appears in 1 contract

Samples: Lease (Lynx Therapeutics Inc)

Use. A. The Premises premises shall be used only for the purpose of general office, receiving, storing, shippingassembling, assemblypreparing for sale, 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehiclesvehicles and the washing thereof at any time, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent, provided that the overnight parking of tractor trailers perpendicular to and abutting Tenant's loading docks is permitted. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action actior. which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises premises to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenant’s 's use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay as additional rental the amount of such increase to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Use. A. The Tenant shall use and occupy the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingin conformance with Applicable Laws, and selling (other than retail) productsonly the use set forth in Section 1, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental theretopurpose. Outside storage, including without limitation, trucks and Neither Tenant nor any other vehicles, is prohibited without Landlord’s prior written consent which consent person shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain use the Premises for any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseother purposes. Tenant shall not do or permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from be done in the Premises, nor take any other action which would constitute a nuisance or would disturb do anything in or endanger any other tenants of about the building Complex, or bring or keep or permit to be brought or kept in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises, or bring or keep in or about the Complex anything that is prohibited by or will in any way increase the existing rate of (unless any such increase is fully paid for by Tenant), or will cause a cancellation of, any insurance covering the Complex or any part thereof, or any of its contents. Without Landlord’s prior written consent, Tenant shall not receivedo or permit to be done anything in the Premises, store or otherwise handle any product, material do anything in or merchandise which is explosive about the Complex that will materially obstruct or highly inflammable. Tenant will not permit interfere with the rights of other tenants or occupants of the Complex or use or allow the Premises to be used for any purpose unlawful purpose. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any fluids or materials that would cause damage in the drainage system of the building. No waste materials or refuse shall be dumped on the Complex or permitted to remain on the outside of the Premises except in trash containers placed inside exterior enclosures designated by Landlord for the purpose. No materials, supplies, equipment, finished products or semi finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises or on any method portion of storage) which would render the insurance thereon void Building or the insurance risk more hazardous or cause the State Board of Insurance Complex Common Areas unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other insurance authority to disallow any sprinkler creditsdevice, system or apparatus which can be heard outside the Premises (except those used for life safety or security purposes) shall be used in or at the Premises without the prior written consent of Landlord. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not commit or suffer to be solely responsible committed any waste in or upon the Premises. The provisions of this Section are for said increasethe benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.

Appears in 1 contract

Samples: Lease (Genencor International Inc)

Use. A. The Premises demised premises shall be used only for public use, for the specific purpose of general office, receiving, storing, shipping, assembly, light manufacturing, operating a career institute school to serve the needs of the Dallas Independent School District and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant its students and for such other lawful purposes as may be incidental thereto. Outside storageTenant acknowledges and agrees that before signing this lease it has satisfied itself that such use is permitted under the zoning currently applicable to the premise and Tenant has no right to terminate this lease based on the zoning or any other governmental regulations applicable to the premises. However, including without limitation, trucks Xxxxxxxx hereby agrees to cooperate with Tenant in applying for and other vehicles, is prohibited without Landlordseeking any regulatory action which Tenant reasonably determines affects Xxxxxx’s prior written consent which consent shall not be unreasonably withhelduse of the premises. To the extent necessary Xxxxxxxx agrees to join Tenant in any such governmental action or matter. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its any such use of the Premisessubject to Landlord’s cooperation in seeking such as described herein. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premisespremises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants Tenants of the building in which the Premises premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. Tenant will not permit the Premises premises to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement

Use. A. The Sublet Premises shall be used only for the purpose of general officemanufacturing, receivingstoring and distributing airplane parts and aircraft welded assemblies, and storing, shippingcutting and distributing metal plates for aircraft, 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 may be incidental thereto, including general office use. Outside storage, including without limitation, trucks and other vehicles, storage is prohibited without Landlord’s Sublessor's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall Sublessee shall, at its own cost and expense expense, obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Sublet Premises, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of conditions or nuisances in or upon, or connected with, the Sublet Premises, all at Tenant’s Sublessee's sole expense. Tenant Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Sublet Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Sublet Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s Sublessor's prior written consent, Tenant Sublessee shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammableflammable. Tenant Sublessee will not permit the Sublet Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would (i) cause the existing fire sprinkler system to be inadequate under existing laws and codes, or (ii) render the insurance thereon void or cause the insurance risk more hazardous premiums to increase or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

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

Use. A. The Premises are to be used solely for the purpose of maintaining an office for use in connection with Tenant's business including its use as a conference and meeting center and for no other business or purpose without the prior written consent of Landlord. Tenant shall not do or permit to be done in or about the Premises anything which is illegal or unlawful; or which is of a hazardous or dangerous nature, or which is noxious or offensive to other tenants in the Premises or to Landlord, or which will increase the rates of insurance carried by Landlord. Tenant shall not use any portion of the Premises for providing of any medical or rehabilitation services or related similar services and the Premises shall be used only solely as a business office. Tenant shall obtain all permits, licenses, certificates or other authorization and any 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 purpose Premises. Neither a failure on the part of general officeTenant to procure such permit, receivinglicense, storingcertificate or other authorization, shippingnor the revocation of the same, assembly, light manufacturing, shall in any way affect 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 selling observed. Tenant shall (other than retailand shall cause its employees to) products, materials observe the Rules and merchandise made and/or distributed by Tenant and for Regulations attached as Exhibit "A" or such other lawful purposes rules and regulations applicable to the Premises as may be incidental thereto. Outside storage, including without limitation, trucks imposed by Landlord from time to time on a nondiscriminatory basis to all Tenants and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ; and ordinances and all regulations applicable to the use and occupancy of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. except that Tenant shall not permit be required to install or pay for any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations improvement to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants leased Premises that is required of the building in which Building as a whole. Without limiting the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant generality of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consentforegoing, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit display anything outside of the Premises to be used for nor operate any purpose or in any manner (including loud speakers without limitation any method the specific written consent 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseLandlord.

Appears in 1 contract

Samples: Lease (In House Rehab Corp)

Use. A. The Premises shall be used 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from use and occupy the PremisesDemised Premises for medical laboratories, including medical testing, and ancillary office, warehouse and distribution use and related activities and for any other lawful purpose, at all times being in compliance with applicable laws, including, without limitation, applicable zoning and land use laws, codes, regulations, directives and orders. Without Landlord’s prior written consent, Tenant shall not receiveat any time use or occupy, store or otherwise handle suffer or permit any productperson to use or occupy the Demised Premises, material or merchandise which 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 explosive or highly inflammablenot complied with and Tenant assumes all risks in such eventuality. Tenant will 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 the Demised Premises or any portion thereof to be used for by the public in such manner as might reasonably tend to impair title to the Demised Premises or any purpose portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseportion thereof.

Appears in 1 contract

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

Use. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehiclesvehicles and the washing thereof at any time, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances nuisances, in or upon, or connected with, the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises premises to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event Tenant’s fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenants use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay as additional rental the amount of such increase to Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Cd Warehouse Inc)

Use. A. (a) The Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, shipping and selling (other than retail) clothing products, materials and merchandise made and/or or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage; however, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not no retail sales may be unreasonably withheldmade from the Premises. Tenant shall at its own cost not use, or permit the use of, the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and expense obtain any and all licenses and permits necessary for its use condition of the Premises. Tenant and all Tenant Parties shall comply with all governmental laws, ordinances reasonable non-arbitrary rules and regulations applicable to governing the use and occupancy of the Premises, Premises which are now or hereafter imposed by Landlord. A copy of the rules and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances regulations now in or upon, or connected with, the Premises, all at Tenant’s sole expenseforce are attached as EXHIBIT "D". Tenant shall not cause or permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises, ; nor take or permit any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which the Premises are situated person; nor cause or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or in any manner that would (including without limitation any method of storage1) which would render void the insurance thereon void or thereon, (2) materially increase the insurance risk more hazardous risk, or (3) cause the State Board disallowance of Insurance or other insurance authority to disallow any sprinkler credits. In Tenant shall pay to Landlord on demand any increase in the event cost of any insurance on the Premises or the Building incurred by Landlord which is caused by Tenant’s 's use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasethe Premises.

Appears in 1 contract

Samples: Lease Agreement (Bebe Stores Inc)

Use. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall not be unreasonably withheldconsent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premisesany such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premisespremises. Without Landlord’s 's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. , Tenant will not permit the Premises premises to be used 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 or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event 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 's use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay as additional rental the amount of such increase to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Aetrium Inc)

Use. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 may be incidental theretonecessary in conducting the business of Tenant. Outside Except as currently being conducted, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall consent, not to be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of any such use. To the Premises. extent known by Tenant, Tenant shall comply with all deed restrictions as may affect the premises and all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and and, subject to Tenant's right to reasonably contest same, shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant unlawful odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premiseslegal nuisance. Without Landlord’s 's prior written consent, not to be unreasonably withheld, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable, except as currently being conducted. Tenant will not permit the Premises premises to be used 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 or cause the Texas State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Carlyle Golf Inc)

Use. A. The (a) Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturinguse set forth in Subparagraph 1(m), and selling (shall not use or permit the Premises to be used for any other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited purpose without Landlord’s prior written consent consent, which consent may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall not be unreasonably withhelddeemed 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 Premises are suitable for a particular use. Tenant shall at its own cost not use or occupy the Premises in violation of any present or future applicable law, and expense obtain shall, upon written notice from Landlord, discontinue any and all licenses and permits necessary for its use of the Premises which is declared by any applicable governmental authority to be 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 are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall 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 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, (ii) 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 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 governmental lawspresent and future covenants, ordinances conditions, and regulations applicable to restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correctionBuilding, prevention and abatement of nuisances in the Common Areas or uponthe Project, or connected with, the Premises, all at Tenant’s sole expenseany portion thereof. Tenant shall not permit commit or suffer to be committed any objectionable waste in or unpleasant odorsupon the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, smoke, dust, gas, noise or vibrations with partitions to emanate from the Premises, nor take any other action which would constitute be considered a nuisance or would disturb or endanger any other tenants part of the building live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in which the Premises are situated so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or unreasonably interfere with their use of their respective Premises. In addition noise that may be transmitted to the Building structure or to any other remedies Landlord may have for a breach space in the Building or Project shall be so installed, maintained and used by Tenant of the terms of this Section 3, Landlord shall have the right as to have Tenant evicted from the Premiseseliminate such vibration or noise. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseall structural engineering required to determine structural load in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Innovega Inc.)

Use. A. The Premises shall be used only for offices and for the purpose of general officemanufacturing, receiving, storing, shipping, assembly, 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 may be incidental related thereto. Outside storageTenant shall have the right to park trucks, including without limitation, trucks trailers and other vehiclesvehicles in the parking areas serving the Premises at all times during all terms of this Lease. All outside garbage containers shall be subject to Landlord's approval, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheldwithheld or delayed. Otherwise, outside storage shall be prohibited without Landlord's consent. Landlord shall at its own cost obtain a certificate of occupancy for Tenant's use of the Premises, and Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for its use of the Premisesany 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 including but not limited to those regarding for the correction, prevention and abatement of nuisances caused by Tenant in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant odors, unreasonable quantities of smoke, dust, gas, noise or vibrations or odors to emanate from the Premises, nor take any other action which would constitute a nuisance or would unreasonably disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their the use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammablepremises. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseabide by the rules and regulations attached hereto as Exhibit "C" as reasonably amended from time to time by Landlord after reasonable written notice of such charge is delivered to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Use. A. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general office, receiving, storing, shipping, assembly, light manufacturingthis Lease, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not permit shall, upon 7 days’ written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammabledeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant’s or Landlord’s insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance authority to disallow risk or cause the disallowance of any sprinkler creditsor other credits with respect to the insurance currently being maintained by Landlord. In Tenant shall not permit any part of the event Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Txxxxx’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Txxxxx’s Share as usually furnished for the Permitted Use. Landlord shall (a) subject to the terms of the Work Letter, be responsible for the compliance of the Premises with Legal Requirements as of the Commencement Date, and, (b) at no cost or expense to Tenant, be responsible 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) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall result in an increase in insurance premiumsmake any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be solely responsible for said increaseany 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 or Tenant’s 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 11 Alterations, and Txxxxx 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 Txxxxx’s particular use 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, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Vaxcyte, Inc.)

Use. A. The Tenant shall use the Premises shall for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used only for those purposes. Tenant waives any right to terminate this lease in 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 event the Premises cannot be used for such purposes during the Lease term. The premises may not be used for any other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited purpose without Landlord’s prior 's written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseconsent. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything therein which will in any objectionable way increase the existing rate of or unpleasant odorsaffect any fire or other insurance upon the Building or any of its contents, smoke, dust, gas, noise or vibrations to emanate from cause cancellation of insurance policy covering the Premises, nor take Building or any other action which would constitute a nuisance part thereof or would disturb any way obstruct or endanger any interfere with the rights of other tenants or occupants of the building in which the Premises are situated Building or unreasonably interfere with their injure or annoy them or use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose. Tenant shall not commit or suffer to be committed any waste in any manner (including without limitation any method of storage) which would render or upon the insurance thereon void Premises. Tenant shall not place upon or the insurance risk more hazardous or cause the State Board of Insurance install in windows or other insurance authority openings or exterior sides of doors or walls of the 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 disallow regulation under any sprinkler creditsfederal, state, or local law, regulation, or ordinance on or around the Premises, 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible fully and completely liable to Landlord for said increaseany and all cleanup costs and any and all other 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 Common Areas, subject to Landlord's rights set forth herein.

Appears in 1 contract

Samples: Scolr Inc

Use. A. The Tenant shall procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant's use and occupancy of the Premises. Tenant shall use the Premises solely for the Permitted Use specified in the Summary, and shall not use or permit the Premises to be used only for the any other use or 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 may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited whatsoever without Landlord’s prior written consent approval, which consent 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 own sole cost and expense obtain any expense, observe and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental lawsLaws 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, ordinances and regulations applicable except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the use Premises and regardless of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding period of time remaining in the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expenseTerm). Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any purpose improper, unlawful or in any manner (including without limitation any method reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the rights of storage) which would render other tenants or occupants of the insurance thereon void Building or the insurance risk more hazardous Property, if any, or cause the State Board of Insurance injure or other insurance authority to disallow any sprinkler creditsannoy them. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building or the Property, nor commit or suffer to be solely responsible for said increasecommitted any waste in, on or about the Premises.

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Use. A. The (A) Tenant may use and occupy the Premises shall be used only for general office and warehouse use and such other uses as are conducted thereon as of 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 date hereof. Tenant and may also use the Premises for such any other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s similar to those stated above with the prior written consent which consent shall not be unreasonably withheldof Landlord. Tenant shall at its own cost not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Building, materially impair the value of the Building and expense obtain Premises or any part thereof or materially increase the dangers, or pose unreasonable risk of harm, to third parties (on or off of the Premises) arising from activities thereon. Tenant will pay all extra insurance premiums which may be caused by the use which Tenant shall make of the Premises. Tenant will not in any manner deface or injure the Building or any part thereof or overload the floors of the Premises. Tenant will not do anything or permit anything to be done upon the Premises in any way tending to create a public or private nuisance, or tending to disturb any other tenant in the Building or the occupants of neighboring property or tending to injure the reputation of the Building or commit waste thereon. Tenant will promptly and fully comply with all licenses governmental, health and permits necessary for police requirements and regulations respecting its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to will not use the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Premises for lodging or upon, sleeping purposes or connected with, the Premises, all at Tenant’s sole expensefor any immoral or illegal purposes. Tenant shall not conduct nor permit to be conducted on the Premises any objectionable business which is contrary to any of the laws of the United States of America or unpleasant odorsof the State of Illinois or which is contrary to the ordinances of the City of Elgin. Tenant shall not at any time manufacture, smokesell, dustor give away, gasand shall not at any time permit the manufacture, noise sale, or vibrations to emanate from gift of any spirituous, fermented, intoxicating or alcoholic liquors or controlled substances on the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of except that the building in which foregoing shall not be deemed to prohibit the Premises are situated or unreasonably interfere with their occasional use of their respective Premisesalcoholic beverages for entertainment purposes, so long as Tenant has in full force and effect (and delivered to Landlord a certificate of insurance therefor) a policy of host liquor liability or dram-shop insurance in form and amounts at all times reasonably satisfactory to Landlord. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 receiveat any time sell, store purchase or otherwise handle any productgive away, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose sale, purchase or gift of, food in any manner (including without limitation any method of storage) which would render form on the insurance thereon void Premises, except for coffee service and vending machines for its employees or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler creditsas otherwise permitted by rules and regulations. In the event Tenant’s The foregoing use of Premises shall result in an increase in insurance premiums, Tenant prohibitions shall be solely responsible for said increasedeemed to apply to any subtenant or assignee of Tenant without requirement of further or additional notice.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Sanfilippo John B & Son Inc)

Use. A. The Tenant warrants and represents to Landlord that the Leased Premises shall be used only and occupied solely for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retailpurposes set forth in Section 2.1(s) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto. Outside storagewhatsoever, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall at occupy the Leased Premises, conduct its own cost business and expense obtain any control its agents, employees, invitees and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable visitors (to the use of extent such invitees and visitors are within the Leased Premises) In such a manner as is lawful, reputable and shall promptly comply with all governmental orders and directives including but will not limited to those regarding the correctioncreate a nuisance, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable operation which emits any excessive or unpleasant odorsoffensive odor or matter which intrudes into other portions of the Buildings, smoke, dust, gas, use any apparatus or machine which makes undue noise or vibrations to emanate from causes undue vibration in any portion of the PremisesBuildings or otherwise materially interfere with, nor take annoy or disturb any other action which would constitute a nuisance lessee in its normal business operations or would disturb or endanger any other tenants Landlord in its management of the building in which the Premises are situated or unreasonably interfere with their use of their respective PremisesBuildings. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle neither permit any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit waste on the Leased Premises nor allow the Leased Premises to be used for any purpose or in any manner (including without limitation any method way which would, in the reasonable opinion of storage) Landlord, be hazardous on account of fire or which would in any way increase or render void the fire insurance thereon void on the Buildings. If any governmental license or permit shall be required for the insurance risk more hazardous or cause proper and lawful conduct of Tenant's business in the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsLeased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at ~Il times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be solely responsible used or occupied in violation of (I) the Certificate of Occupancy for said increasethe Leased Premises or for the Buildings, (ii) any of the provisions of this Lease, or (iii) zoning ordinances, and rules and regulations of governmental and quasi governmental authorities having jurisdiction over the Buildings.

Appears in 1 contract

Samples: Office Lease Agreement (Spheris Leasing LLC)

Use. A. The Tenant shall use the Premises shall be used only solely 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 may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of Permitted Use specified in the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesSummary, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in use or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not 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 which modifications and additions shall in no manner materially impact the ingress and egress of Tenant to the Premises nor the permitted use of the Premises by Tenant. 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 provided, however, Landlord will use commercially reasonable efforts to ensure that all Building tenants comply with Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be used for any manner (including without limitation any method improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the rights of storage) which would render other tenants or occupants of the insurance thereon void Building or the insurance risk more hazardous Property, if any, or cause the State Board of Insurance or other insurance authority to disallow any sprinkler creditsinjure them. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building or the Property, nor commit or suffer to be solely responsible for said increasecommitted any waste in, on or about the Premises.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

Use. A. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, 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 may be incidental theretonecessary in conducting the business of Tenant. Outside Except as currently being conducted, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s 's prior written consent which consent shall consent, not to be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of any such use. To the Premises. extent known by Tenant, Tenant shall comply with all deed restrictions as may affect the premises and all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, and and, subject to Tenant's right to reasonably contest same, shall promptly comply with all governmental orders and directives including but not limited to those regarding for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premisespremises, all at Tenant’s 's sole expense. Tenant shall not permit any objectionable or unpleasant unlawful odors, smoke, dust, gas, noise or vibrations to emanate from the Premisespremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premiseslegal nuisance. Without Landlord’s 's prior written consent, not to be unreasonably withheld, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable, except as currently being conducted. Tenant will not permit the Premises premises to be used 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 or cause the Texas State Board of Insurance or other insurance authority to disallow any sprinkler credits. In If any increase in the event fire and extended coverage insurance premiums paid by Landlord is caused by Tenant’s 's use and occupancy of Premises shall result in the premises, or if Tenant vacates the premises and causes an increase in insurance such premiums, then Tenant shall be solely responsible for said increasepay as additional rental the amount of such increase to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Carlyle Golf Inc)

Use. A. The 7.1 Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingoffice purposes and for use as a production/post-production and television broadcast facility, and selling (other than retail) products, materials all purposes incident thereto and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Tenant shall not use or occupy the Premises in violation of any manner law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (including without limitation any method of storage5) 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. In the event Tenant’s use of Premises shall result in an increase in insurance premiumsdays’ written notice from Landlord, Tenant shall discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be solely 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 interfere with radio or 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 tenants of the Building not to interfere with Tenant’s telecommunication equipment and facilities located on or in the Building. Tenant shall 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 fire, extended coverage or any other insurance policy covering the 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 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 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 or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, 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 other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for said increaseall 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 be responsible for any damage or liability for such events.

Appears in 1 contract

Samples: Office Lease (Current Media, Inc.)

Use. A. The Tenant shall use the Premises shall be used only for general office purposes consistent with the purpose character of general office, receiving, storing, shipping, assembly, light manufacturing, the Building as a first-class office building and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other purpose or without Landlord’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Nothing contained herein shall be deemed to give Tenant any manner (including without limitation right to use any method portion of storage) which would render the insurance thereon void Building or the insurance risk more hazardous Project for parking for Tenant or cause Tenant’s employees, visitors or invitees. Tenant shall not use or occupy the State Board Premises in violation of Insurance law or other insurance of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to disallow be a violation of law or of said certificate of occupancy. Tenant shall comply with any sprinkler credits. In direction of any governmental authority having jurisdiction which shall, by reason of the event nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises shall result in an increase in insurance premiums, or with respect to the use or occupation thereof. Tenant shall not do or permit to be solely responsible done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for said increase.any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant 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 Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

Use. A. The (a) Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturinguse set forth in Subparagraph 1(n), and selling (shall not use or permit the Premises to be used for any other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited purpose without Landlord’s prior written consent consent, which consent may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall not be unreasonably withhelddeemed 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 Premises are suitable for a particular use. Tenant shall at its own cost not use or occupy the Premises in violation of any present or future applicable law, and expense obtain shall, upon written notice from Landlord, discontinue any and all licenses and permits necessary for its use of the Premises which is declared by any applicable governmental authority to be 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 are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall 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 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, (ii) 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 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 governmental lawspresent and future covenants, ordinances conditions, and regulations applicable to restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correctionBuilding, prevention and abatement of nuisances in the Common Areas or uponthe Project, or connected withany portion thereof, provided that Landlord shall not adopt or agree to any restrictions that materially interfere with the Premises, all at operation of Tenant’s sole expensebusiness in the Premises as permitted under this Lease or any rights of Tenant under this Lease. Tenant shall not permit commit or suffer to be committed any objectionable waste in or unpleasant odorsupon the Premises and shall keep the Premises in the condition required under Paragraph 15(a). 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, smoke, dust, gas, noise or vibrations with partitions to emanate from the Premises, nor take any other action which would constitute be considered a nuisance or would disturb or endanger any other tenants part of the building live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in which the Premises are situated so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or unreasonably interfere with their use of their respective Premises. In addition noise that may be transmitted to the Building structure or to any other remedies Landlord may have for a breach space in the Building or Project shall be so installed, maintained and used by Tenant of the terms of this Section 3, Landlord shall have the right as to have Tenant evicted from the Premiseseliminate such vibration or noise. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseall structural engineering required to determine structural load in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Synbiotics Corp)

Use. A. The Premises shall be used 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 may 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 procure, at its own sole cost and expense obtain expense, any and all licenses permits required by applicable Law for Tenant’s use and permits necessary for its use occupancy of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to use the use of Premises solely for the PremisesPermitted Use specified in the Summary, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in use or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not 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 use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the rights of other tenants or occupants of the Building or the Property, if any, or injure or annoy them. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building or the Property, nor 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 for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any cannabis containing substances (“Cannabis”), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the Premises, any Cannabis. Without limiting the foregoing, the prohibitions in this paragraph shall apply to 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 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 engaging or permitting others to engage in any manner (including without limitation any method of storage) activity which would render be a violation of any state and/or federal laws relating to the insurance thereon void use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or the insurance risk more hazardous or cause the State Board of Insurance personal purposes) regulated under any applicable law or other insurance authority applicable law relating to disallow any sprinkler credits. In the event Tenant’s medicinal use and/or distribution of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasemarijuana/Cannabis (“Prohibited Drug Law Activities”).

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Use. A. The Premises shall only be used for storage, service, design, ancillary office and final assembly of electrical charging stations and components, and for no other use. The Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (no other than retailpurpose(s) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which may be withheld in Landlord’s sole and absolute discretion. Landlord may require Tenant to reimburse Landlord for the reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of reviewing, 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 not be unreasonably withhelddue and payable by Tenant to Landlord upon ten (10) days notice. Tenant shall at its own cost and expense obtain neither do (nor permit others to do) any and all licenses and permits necessary for its use act in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building and/or the Premises. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. Tenant shall promptly (and at Tenant’s sole expense) comply with all governmental lawslaws (whether now in effect, ordinances or subsequently enacted) relating to Tenant’s use and regulations applicable to the use occupancy of the Premises, and shall promptly comply with all governmental orders and directives Premises including but not limited to those regarding ADA, and shall observe the correctionreasonable rules and regulations which may be adopted by Landlord for the safety, prevention care and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants cleanliness of the building in which Premises and the Premises are situated or unreasonably interfere with their use of their respective PremisesProperty. In addition to any other remedies Landlord may have for a breach by Tenant of particular, and without limiting the terms of foregoing, except as otherwise expressly provided in this Section 3Lease, 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 or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant there shall be solely responsible for said increaseno storage and no act or omission which violates any federal, state or local ordinance controlling the uses or presence of hazardous substances, including but not limited to the Comprehensive Environmental Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA).

Appears in 1 contract

Samples: Lease (Volta Inc.)

Use. A. The Premises shall be used only solely for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingPermitted Use set forth in the Basic Lease Provisions, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use of the Premises, and shall promptly comply with all governmental orders to the use and directives including but not limited to those regarding the correctionoccupancy thereof, prevention and abatement of nuisances in or uponincluding, or connected withwithout limitation, the PremisesAmericans With Disabilities Act, all at Tenant’s sole expense42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements" and each, a "Legal Requirement"). Tenant shall not permit shall, upon [***] days' written notice from Landlord, discontinue any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which that would render void Tenant's or Landlord's insurance, increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of Insurance any sprinkler or other credits Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance authority policy primarily by reason of Tenant's failure to disallow comply with the provisions of this Section or otherwise caused by Xxxxxx's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any sprinkler creditsauction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. In Tenant shall cause any equipment or machinery to be installed in the event Tenant’s use 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 Premises shall result the Project or in an increase in insurance premiumsthe Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall be solely responsible 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 for said increaseequipment and improvements in excess of the capacities shown in the Utilities Schedule attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Cartesian Therapeutics, Inc.)

Use. A. The a. Tenant shall use and occupy the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturingoffice use, and selling (for no other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expensepurposes. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which use the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit allow the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant, at Tenant's expense, shall comply with all laws, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the use, occupation or alteration of the Premises, or the conduct of Tenant's business therein, including without limitation the Americans with Disabilities Act and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by Tenant and Tenant’s business in the Premises. Tenant shall not use or permit the Premises or any part thereof to be used in any manner (including without limitation that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any method of storage) which would render the insurance thereon void disorderly, unlawful or the insurance risk more hazardous purpose and will not store or cause the State Board of Insurance maintain therein any hazardous, toxic or highly combustible items other insurance authority than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to disallow any sprinkler credits. In the event change Tenant’s 's use of the Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasewithout the prior written approval of Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Primus Therapeutics Inc.)

Use. A. The Demised Premises shall be used only and occupied by Tenant solely for the purpose purposes of general office, receivingshowroom, storingwarehouse and light manufacturing (collectively, shippingthe “Permitted Uses”) and Tenant agrees that such use shall be in compliance with all applicable laws, assembly, light manufacturing, ordinances and selling (other than retail) products, materials governmental regulations affecting the Building and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply immediately discontinue any use of the Demised Premises which is not in compliance with all governmental any applicable laws, ordinances or governmental regulations. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said specific use by Tenant (as opposed to office, showroom, warehouse or light manufacturing use generally) to make any addition or alteration to or in the Building. Tenant shall occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful, and will not permit or create any nuisance, unusual or unreasonable noise, noxious odor, or otherwise unreasonably interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Tenant’s use of the Demised Premises shall conform to all the Landlord’s rules and regulations applicable relating to the use of the Premises, Building so long as such rules and shall promptly comply with regulations (i) are binding on all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building Building, (ii) are not enforced in which a discriminatory manner, and (iii) do not materially reduce Tenant’s rights hereunder or increase Tenant’s liabilities hereunder. Outside storage on the Building of any type of equipment, property or materials owned or used on the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consent, Tenant or its customers and suppliers shall not receivebe permitted, store or unless otherwise handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increasestated.

Appears in 1 contract

Samples: Commercial Lease (Thoratec Corp)

Use. A. The (a) Tenant shall use the Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, office purposes and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or the certificate of occupancy issued for the Building, 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 of the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose a duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this article. Tenant shall not do or permit anything to be done in or about the Premises which will in any manner (including without limitation way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them, or use or allow the Premises to be used for any method of storage) which would render improper, immoral, unlawful or objectional purpose, nor shall Tenant cause, maintain or permit any nuisances in, on or about 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 creditsPremises. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall not commit or suffer to be solely responsible for said increasecommitted any waste in or upon the Premises.

Appears in 1 contract

Samples: Letter Agreement (Ayurcore Inc)

Use. A. The Tenant shall use the Leased Premises for video production services and for no other purpose whatsoever. Tenant shall use and occupy the Leased Premises in a careful, safe and proper manner and shall keep the Leased Premises in a clean and safe condition and in accordance with applicable legal requirements. Tenant shall not use, occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in the Leased Premises in a manner that would in any way violate any applicable laws, rules or regulations or certificate of occupancy affecting the Building. Tenant shall promptly observe and comply with all applicable laws, rules and regulations relating to the Leased Premises or Tenant’s use thereof. In particular no use shall be used only for made or permitted to be made of the purpose Leased Premises, nor acts done that will increase the existing rate of general officeinsurance upon the Building, receivingor cause a cancellation of any insurance policy covering the Building, storingor any part thereof, shippingnor shall Tenant sell, assemblyor permit to be kept, light manufacturingused, and selling or sold, in or about the Leased Premises, any article that may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed any public or private nuisance, or other act or thing that disturbs the quiet enjoyment of Landlord or any other tenant at the Property. Tenant shall also specifically not permit the storage of flammable products (other than retail) for cleaning products), materials and merchandise made and/or distributed by Tenant and batteries (other than for such replacement in operating equipment), fertilizer, charcoal or any other lawful purposes as may similar items that cause objectionable odors to escape or 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of emitted from the Leased Premises. Tenant shall comply with all governmental lawsensure sanitation and freedom from odor, ordinances smell and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in infestation from rodents or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increaseinsects.

Appears in 1 contract

Samples: Lease Agreement

Use. A. The Tenant 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 be used only for any other purpose. Tenant shall further use the purpose Premises in accordance with the Rules and Regulations from time to time adopted by Landlord and in such manner as will not interfere with or infringe on, the rights of general officeother tenants in the Shopping 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 use or occupy the Premises in violation of any law, receivingordinance, storingregulation or other directives of any governmental authority having jurisdiction hereof, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by not permit a nuisance to be created or maintained therein. Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including shall not maintain or permit any coin operated or vending machines within or about the Premises without limitation, trucks and other vehicles, is prohibited without Landlord’s the prior written consent which consent of Landlord. During the term hereof, Tenant shall be in continuous use, occupancy and operation of the entire Premises, shall conduct business in the Premises for the purposes herein stated and shall not be unreasonably withheldvacate 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 sound produced or originating in the Premises to be detectable outside the Premises and shall, at its own cost sole expense, exhaust and/or filter all such odors in such manner that they cannot be detected outside the Premises and expense obtain any and all licenses and permits necessary for its use sound proof the wall of the Premises in such manner that such sounds cannot be heard outside the Premises. Tenant shall comply not, under any circumstances, conduct in the Premises of the Shopping Center any auction or bankruptcy sale or fire sale or going-out-of business sale or any similar liquidation sale, it being agreed that the same are inconsistent and in conflict with all governmental laws, ordinances and regulations applicable would be detrimental to the use interest of the Premises, Landlord and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. 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 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 event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Talk America)

Use. A. The Tenant shall use the Premises shall be used only for the purpose manufacturer of general officesemiconductor products, receivingwafer fabrication, storing, shipping, assembly, light manufacturingassembly and testing, and selling (other than retail) products, materials general office purposes and merchandise made and/or distributed by Tenant and for such other lawful purposes as may 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 at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. 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 limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the 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 handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Complex of which the Premises are a part and shall, upon five (5) days’ written notice from Landlord, discontinue any manner (including without limitation use of the Premises which is declared by any method governmental authority having jurisdiction to be a violation of storage) law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction, which would render shall by reason of the insurance thereon void or the insurance risk more hazardous or cause the State Board nature of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use or occupancy of the Premises shall result in an increase in insurance premiumsimpose any duty upon Tenant or Landlord with respect to the Premises, or with respect to the use of occupation thereof. Tenant shall not do or permit to be solely responsible done anything which will invalidate or increase the cost of any lire, extended coverage or any other insurance policy covering the Complex and/or property located therein. Tenant shall promptly upon demand reimburse Landlord for said increaseany additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph. 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 way obstruct or interfere with the rights of other tenants or occupants of the Complex, or injure or annoy them, or use or allow the 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.

Appears in 1 contract

Samples: Lease (Advanced Power Technology Inc)

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