Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 6 contracts
Sources: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed in writing by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.
Appears in 4 contracts
Sources: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.
Appears in 3 contracts
Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC), Lease (Cyclerion Therapeutics, Inc.)
Use. 10.1. (a) Tenant shall operate on the Premises the business described in Section 1(j) and shall use the Premises for no other purposes without the purpose set forth specific consent of Landlord, which consent may be withheld in Section 2.12Landlord’s reasonable discretion. Tenant shall continuously and at all times actively and diligently operate its business on the Premises in a first class and reputable manner. Tenant shall employ its best business judgment, efforts and abilities to operate its business on the Premises in an efficient and businesslike manner so as to enhance the reputation and attractiveness of the Premises and the Property.
(b) No use shall be made or permitted to be made of the Premises, nor any act done, which may increase the existing rates of insurance upon the buildings within which the Premises are located, or which may cause the cancellation of any insurance policy covering said buildings or any portion thereof. If any act on the part of Tenant or use of the Premises by Tenant shall cause, directly or indirectly, an increase of Landlord’s insurance expense, said additional expense shall be paid by Tenant to Landlord upon demand. Such payment by Tenant shall not limit Landlord in the exercise of any rights or remedies. Tenant, at its sole expense, shall comply with any and all requirements pertaining to the use of the Premises, or permit of any insurance organization or suffer the Premises to be used, for any other purpose without Landlord’s prior written consentcompany, which consent Landlord compliance may withhold in its sole be necessary for maintenance of reasonable fire, extended coverage, public liability and absolute discretionother insurance upon the buildings and the appurtenances thereto.
10.2. (c) Tenant shall not use commit, or occupy suffer to be committed, any waste or nuisance upon the Premises.
(d) Tenant shall keep the Premises in violation open for business within reasonable commercial business hours a minimum of Applicable Laws; zoning ordinances; 6 days each week during the season (March through October) or such other hours as Landlord and Tenant may mutually agree. During the certificate of occupancy issued for off season (November through February) Tenant may reduce its hours comparable with other marine related businesses at the Building, and shall, upon five Marina.
(5e) days’ written notice from Landlord, discontinue any use of Tenant shall not vacate or abandon the Premises that is declared or claimed by at any Governmental Authority having jurisdiction to be a violation time during the term of any of the above, or that in Landlord’s reasonable opinion violates any of the abovethis Lease. If Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallabandon, by reason of the nature of Tenant’s use vacate or occupancy of surrender the Premises, impose or be dispossessed there from by process of law or otherwise, any duty personal property belonging to Tenant and left in or upon the Premises shall be deemed abandoned at the option of Landlord.
(f) Tenant shall not post or Landlord with respect to erect any signs at the Premises or with respect to elsewhere at the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof Property without Landlord’s prior written consent. Tenant shall, upon termination of this During the Lease, return Landlord approves Tenant’s use of a minimum of three signs at the Property : 1) The current ▇▇▇▇▇▇▇ ▇▇ billboard sign at Tower Park Way, 2) a sign on the roof of Shed #3, and 3) a sign at the end of the building facing the entrance (Shed #1). If Tenant wishes to add a new sign at any time, it shall submit drawings and specifications to Landlord all keys to offices in advance, which Landlord shall review and restrooms either furnished to approve or otherwise procured by Tenantreject within thirty (30) days. In the event any key so furnished to Tenant is lost, Tenant shall pay all costs associated with installing and maintaining its signs, except that Landlord shall pay one half of all costs associated with the existing billboard facing Highway 12; provided that, if either Tenant or Landlord desires to Landlord change the billboard message and the other party does not, then the party initiating the change shall bear the cost of replacing making the same or of changing change. The parties shall endeavor in good faith to mutually agree to any proposed change in the lock or locks opened by such lost key if Landlord shall deem it necessary billboard message prior to make effecting any such change. All signage shall be maintained in first class condition. Damage due to extraordinary or unusual wear and tear, accidents and/or vandalism shall be promptly repaired.
10.6. No awnings or other projections shall be attached to any outside wall (g) Tenant assumes full responsibility for the safety and security of the Building. No curtainsTenant, blinds, shades or screens shall be attached to or hung in, or used in connection withTenant’s employees and customers, any window or door other people at the Property because of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentTenant (e.g., nor shall any bottlesvisitors, parcels or other articles be placed on the windowsills. No equipmentsales people, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentetc.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure all of such improvements to comply with persons’ personal property (e.g., cars, boats, equipment) while such persons and property are at the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseProperty.
Appears in 3 contracts
Sources: Agreement for Sale and Purchase, Sale and Purchase Agreement (Tower Park Marina Investors Lp), Lease Agreement (Tower Park Marina Investors Lp)
Use. 10.1. 6.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant shall, upon termination shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1(e) above and no other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, nor but shall any bottlesin good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, parcels and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentgovernment regulation.
10.7. No sign6.2 Tenant shall not occupy or use the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on permit any part portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the Building without Landlord’s prior written consent; provided Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building.
6.3 Tenant shall have not permit any objectionable or unpleasant odors to emanate from the right to install a sign with its name and corporate logo Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises.
6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the sizePremises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises.
6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, any permits and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively licenses required for the display transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises so as and, at Tenant’s sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds the use, condition or vibrations therefrom occupancy of the Premises.
6.6 Tenant shall keep all exterior electric signs lighted from extending into dusk until at least 12:00 A.M. every day, including Sundays and holidays.
6.7 Tenant shall include the Common Areas or other offices address and identity of its business activities in the Building. Further, Premises in all advertisements made by Tenant shall not place any equipment weighing five hundred (500) pounds or greater within in which the Premises without Landlord’s prior written approval, address and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any failure similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.
Appears in 3 contracts
Sources: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)
Use. 10.1. (a) Tenant shall use the Premises only for the purpose set forth in Section 2.12Permitted Uses, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2purpose. Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of Applicable Laws; zoning ordinances; which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any restrictions currently on record which will affect Tenant’s use of the Premises that is declared for the Permitted Uses), (ii) any law or claimed by ordinance or any Governmental Authority having jurisdiction to be a violation Certificate of any of Occupancy issued for the aboveBuilding or the Premises, or that in Landlord’s (iii) any reasonable opinion violates any Rules and Regulations issued by Landlord for the Building of the abovewhich Tenant has been given a copy. Tenant shall comply with any direction directive of any Governmental Authority having jurisdiction that shall, by reason of the nature of governmental authority with respect to Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use the Premises or allow the Premises them to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the Premises, or commit or allow any waste in or upon the Premises.
(b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 5.1(e)), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises.
(c) Tenant shall keep the Premises equipped with all safety appliances required by law because of any use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses.
(d) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant’s business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or the Project.
10.10. Notwithstanding to any other provision herein to space in the contrary, Building. Tenant shall be responsible for the cost of all liabilitiesstructural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant.
(e) Tenant shall not keep or use any article in the Premises, costs or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and expenses arising out improvements similar to the Building and Leasehold Improvements, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant’s activity, a schedule issued by the organization computing the insurance rate on the Building or in connection the Leasehold Improvements, showing the various components of the rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the compliance insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises with by Tenant or by anyone Tenant allows on the Americans with Disabilities ActPremises causes or threatens cancellation or reduction of any insurance carried by Landlord, 42 U.S.C. § 12101Tenant shall remedy the condition immediately upon notice thereof. Upon Tenant’s failure to do so, et seqLandlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. (together with regulations promulgated pursuant thereto, the “ADA”)Landlord shall not be liable for any damage or injury caused as a result of such an entry, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out not waive its rights to declare a default because of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefailure.
Appears in 3 contracts
Sources: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)
Use. 10.1. Tenant shall continuously occupy and use the Premises only for the purpose set forth Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 250 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of a temporary nature. Subject to the Building rules and regulations attached as Exhibit C hereto and the other provisions of this Lease, Tenant will be provided access to the Premises 24 hours per day, seven days per week. Tenant may use the Premises after normal business hours; however, such hours of operation shall not affect (i) the normal Building hours specified in Section 2.127.1, or (ii) Tenant’s obligation to request and pay for, among other things, after-hours HVAC service as provided in Section 7.1 and all costs and expenses incurred by Landlord as a result of Tenant operating in the Premises beyond the normal Building hours specified in Section 7.1, including any additional cost and expense to provide the services contemplated by this Lease, such as any additional janitorial and day ▇▇▇▇▇▇ service to the common areas, and such costs and services shall be paid by Tenant to Landlord within 30 days following Landlord’s delivery to Tenant of an invoice therefor, and such costs shall not use be included in Operating Costs. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) except as expressly provided below, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, or permit or suffer and (b) Landlord shall bear the risk of (1) complying with the Disabilities Acts in the common areas of the Building, as well as (2) complying with the Disabilities Acts (as such Disabilities Acts are codified and interpreted as of the date of this Lease) in the Premises to the extent such non-compliance was caused by a condition which existed due to the construction of the Premises (but only if the Working Drawings complied with the Disabilities Acts) as of the date Landlord tenders possession of the Premises to Tenant, in each case in clause (1) and (2) above other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including the design of any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be usedborne by Tenant). If, however, any non-compliance with the Disabilities Acts in the Premises is due to a defect in the Architect’s Working Drawings (as each is defined in Exhibit D hereto), Tenant’s sole remedy shall be an action against the Architect, and Landlord shall have no liability therefor (however Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant in any actions against the Architect). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other purpose without Landlord’s prior written consentthan de minimis quantities found in typical office supplies [e.g., which consent Landlord may withhold photocopier toner] and then only in its sole compliance with all Laws and absolute discretion.
10.2in a reasonable and prudent manner). Tenant shall not use any substantial portion of the Premises for a “call center,” any other telemarketing use, or occupy any credit processing use. Tenant may use any existing wiring or cabling in the Premises in violation of Applicable its current “AS-IS” condition (and Landlord covenants that such existing wiring shall remain in the Premises during the Term to the extent permitted by Laws); zoning ordinances; however, any additional wiring or cabling installed by Tenant or modifications made to the certificate of occupancy issued for existing wiring or cabling shall be at Tenant’s sole cost and expense. During the BuildingTerm, Tenant shall leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and shallcomparable to its current condition. If, upon five (5) days’ written notice from Landlord, discontinue any use because of the Premises that is declared a Tenant Party’s acts or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, omissions or that in Landlord’s reasonable opinion violates any of the above. because Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of vacates the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost rate of any fire, environmental, extended coverage or any other insurance policy covering on the Building and the Projector its contents increases, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for then such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks acts or bolts of any kind omissions shall be placed upon any an Event of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostDefault, Tenant shall pay to Landlord the cost amount of replacing the same or such increase on demand, and acceptance of changing the lock or locks opened by such lost key if Landlord payment shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to not waive any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyrights. Tenant shall not place anything on the exterior of the corridor walls or corridor doors conduct its business and control each other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises Party so as not to reasonably prevent sounds create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Building standard suite identification signs on (adjacent to the entry doors to the Premises) and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor (except that Landlord shall be responsible for the costs of Building standard interior suite identification signs (adjacent to the entry doors to the Premises) and the directory tablet as set forth above).
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations in connection with Subsection 5(y) above, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)
Use. 10.1. 13.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. 13.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manlier that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project.
10.3. 13.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectProject and underwritten for building uses consistent with the Permitted Use, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject consistent with market insurance requirements, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle 13.
10.4. 13.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 13.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 13.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. 13.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor.
10.8. 13.8 Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
13.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. 13.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.10. Notwithstanding 13.11 Landlord shall remedy at its sole cost and expense any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the non-compliance of the Premises as of the Execution Date with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant . Landlord shall indemnify, defend and hold harmless Landlord Tenant from and against any loss, cost, liability or expense Claims (including reasonable attorneys’ fees and disbursementsas defined below) arising out of any Landlord’s failure of such improvements to comply with the ADApreceding sentence.
13.12 Subject to the foregoing Landlord obligations. Notwithstanding the foregoing, Landlord Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord Tenant shall indemnify, defend and hold harmless Tenant Landlord from and against any loss, cost, liability or expense Claims (including reasonable attorneys’ fees and disbursementsas defined below) arising out of any such failure of Landlord the Premises to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. For the avoidance of doubt, “Lenders” shall also include historic tax credit investors and new market tax credit investors.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed).
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). As of the foregoingExecution Date, to Landlord’s actual knowledge, and without any duty to investigate, Landlord shall be responsible for all liabilities, costs and expenses arising out is not aware of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not any ADA violations within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall maintain temperature and humidity in any server room within the Premises in which a supplemental cooling system is installed in accordance with ASHRAE standards at all times.
Appears in 3 contracts
Sources: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)
Use. 10.1. 11.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.9, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase (unless Tenant pays the increase for the duration of the increase (even if after the end of the Term)) the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.4. 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 11.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor which shall any bottlesnot be unreasonably withheld, parcels conditioned or other articles be placed on the windowsillsdelayed. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed.
10.7. 11.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that , which shall not be unreasonably withheld, conditioned or delayed. Directory and suite entry identification for Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed provided for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8lettering without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall cause have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines, including without limitation space on any office monument sign should one be constructed. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor.
11.8 Tenant shall use reasonable efforts consistent with a laboratory user to minimize the sounds or vibrations from equipment or machinery to be installed by Tenant in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending that extend into the Common Areas or other offices in the Building. Further, Tenant shall not only place any equipment weighing five hundred (500) pounds or greater within the Premises without with floor loading consistent with the structural design of the Building (unless Tenant otherwise obtains Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed) and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. 11.9 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner materially adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.10. 11.10 Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations and warranties under this Lease (including without limitation Section 4.3) Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 11.10 shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Use. 10.1. Tenant The Premises shall use the Premises be used solely for the purpose Permitted Use set forth in the basic lease provisions in Section 2.121.1 of this Lease, and shall not use in compliance with all Legal Requirements now or hereafter applicable to the Premises, or permit or suffer and to the Premises to be useduse and occupancy thereof, for any other purpose including, without Landlord’s prior written consentlimitation, which consent Landlord may withhold in its sole and absolute discretion.
10.2the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) 5 days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any of purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the aboveinsurance cost, or that in Landlord’s reasonable opinion violates cause the disallowance of any of the abovesprinkler or other credits. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant shall keep all doors opening onto public corridors closedwill use the Premises in a careful, except when in use for ingress safe and egress.
10.5. No additional locks proper manner and will not commit or bolts of any kind shall be placed upon any permit waste, overload the floor or structure of the doors or windows by TenantPremises, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of subject the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of to use that would damage the Premises or obstruct or interfere with the Building without Landlord’s prior written consent; provided that Tenant shall have rights of Landlord or other tenants or occupants of the right to install a sign with its name and corporate logo Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the exterior of Premises, or using or allowing the Building, the size, appearance and characteristics of which shall Premises to be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed used for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from the Premises from extending into the Common Areas Areas, or other offices space in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9Project. Tenant shall not (a) do or permit anything to be done in or about not, without the prior written consent of Landlord use the Premises that shall in any way obstruct manner which will require ventilation, air exchange, heating, gas, steam, electricity or interfere water beyond the capacity of the Project as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the rights of other tenants ADA) related to Tenant’s use or occupants occupancy of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs and expenses of suit) (collectively, “Claims”) arising out of or in connection with the compliance Legal Requirements related to Tenant’s use or occupancy of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Premises, and Tenant shall indemnify, defend defend, hold and hold save Landlord harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses Claims arising out of or in connection with the compliance of the existing structural portions and tenant improvements any failure of the Premises as of to comply with any Legal Requirement (to the date of this Lease, extent that such Claims do not arise from the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord Landlord’s Work to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseany Legal Requirements).
Appears in 2 contracts
Sources: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Use. 10.1. 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices and, at Tenant’s option, for utilization of a kitchen for the purpose set forth testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose.
2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in Section 2.12, and shall not use the Demised Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingpart thereof, and shall, upon five (5) days’ written notice from if failure to secure such license or permit would in any way affect Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises Land or the Building without Landlord’s prior written consent; provided that Tenant shall have or the right to install a sign with conduct of business thereon or therein, then Tenant, as its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall duly procure and shall be of a size, color thereafter maintain such license or permit and type acceptable to submit the same for inspection by Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on at all times comply with the exterior terms and conditions of the corridor walls each such license or corridor doors other than permit. At no expense to Landlord’s standard lettering, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, 2.03 Tenant shall not place at any equipment weighing five hundred (500) pounds time use or greater within occupy, of suffer or permit anyone to use or occupy, the Premises without Landlord’s prior written approvalDemised Premises, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants requirements of the Building or Department of Buildings affecting the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone.
2.04 In connection with any cooking in the Demised Premises:
a. Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices.
b. Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests.
c. Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the Projectimplementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder.
10.10d. Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Notwithstanding Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article.
e. Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other provision herein to remedies for any such breach permitted by law or the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out provisions of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingthis Lease, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless entitled to enjoin Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out violation of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasesaid provisions.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Use. 10.1. Tenant shall use the Leased Premises solely for the purpose set forth in Section 2.12, Permitted Use and shall not for no other use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2purpose. Tenant shall not use or occupy commit waste, overload the Premises in violation of Applicable Laws; zoning ordinances; Building’s structure or the certificate of occupancy issued for Building’s systems or subject the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue Leased Premises to any use of that would damage the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveLeased Premises. Tenant shall comply with any direction maintain a ratio of any Governmental Authority having jurisdiction that shall, by reason not more than the lesser of (i) one Occupant (as defined below) for each one hundred twenty-five (125) rentable square feet of the nature of Tenant’s use Leased Premises, or (ii) any occupancy limit imposed by applicable law. Upon request by ▇▇▇▇▇▇▇▇, Tenant shall maintain on a daily basis an accurate record of the number of employees, visitors, contractors and other people that visit the Leased Premises (collectively “Occupants”). Landlord shall have the right to audit ▇▇▇▇▇▇’s Occupant record and, at Landlord’s option, Landlord shall have the right to periodically visit the Leased Premises without advance notice to Tenant in order to track the number of Occupants arriving at the Leased Premises. For purposes of this Section 3.2, “Occupants” shall not include people not employed by Tenant that deliver or pick up mail or other packages or deliver supplies or perform maintenance work at the Leased Premises, impose any duty upon Tenant employees of Landlord or Landlord with respect to the Premises employees of Landlord’s agents or with respect to the use or occupation thereof.
10.3contractors. Tenant shall not do or permit to be done anything acknowledges that will invalidate or increase increased numbers of Occupants causes additional wear and tear on the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building Leased Premises and the ProjectCommon Areas, additional use of electricity, water and other utilities, and shall comply with all rules, orders, regulations and requirements of the insurers of the additional demand for other Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of services. Tenant’s failure to comply with the provisions requirements of this Section 3.2 shall constitute an event of default under Section 7.8 and Landlord shall have the right, in addition to any other remedies it may have at law or equity, to specifically enforce Tenant’s obligations under this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Landlord represents to Tenant as of the Effective Date that, to the best of Landlord’s knowledge, office and general laboratory uses are permitted in the Building under applicable zoning ordinances.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject applicable to the Tenant’s Improvements and Tenant’s use and occupancy of the Premises, and Tenant shall promptly, upon demanddemand (accompanied by reasonable supporting documentation evidencing that such increase is due to Tenant’s failure to comply with this Section), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. Landlord represents to Tenant as of the Effective Date, to the best of Landlord’s knowledge, the use and occupancy of the Premises for office and general laboratory uses will not invalidate or increase the cost of Landlord’s commercial property insurance covering the Building.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentconsent except as otherwise approved by Landlord in the Approved Plans (it being understood that Tenant intends to install a key-card access system to the Premises as depicted in the Approved Plans). Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings except as otherwise approved by Landlord in the Approved Plans (it being understood that certain windows in the Premises will require specialized window coverings as depicted in the Approved Plans). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage not removed by Tenant upon the expiration or earlier termination of the Lease. Notwithstanding the foregoing, building-standard interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, Wexford-UCSC Joint Venture, LLC, University City Science Center, Wexford Science & Technology, LLC, Wexford Development, LLC and Wexford Science Center 2, LLC, any lender, mortgagee or beneficiary (each, a “Lender”), the Association and their respective affiliates, employees, agents and contractors (all of the foregoing are collectively the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding In addition, Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the foregoingcost of, ADA Title III “path of travel” requirements triggered by alterations within the Premises made subsequent to the Actual Access Date by, or at the request of, Tenant. Except as provided in the preceding sentence, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions Building Common Areas and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectLandlord’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply Work with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. In addition to the general requirements set forth above, Tenant shall not use, operate, maintain or alter the Premises, or allow or suffer the actions of third parties in their use, operation, maintenance or alteration of the Premises, so as to violate the Tax Credit Requirements, as defined and set forth below.
(a) The terms that follow have the indicated definitions:
Appears in 2 contracts
Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingPremises or any portion thereof, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Nothing in this Section shall limit any of Landlord’s other rights or remedies under this Lease, under Applicable Laws or in equity.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectPremises or any portion thereof, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPremises or any portion thereof, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress, to the extent required in order to comply with Applicable Laws, including the applicable fire code.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing exterior locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices the Building (interior and restrooms exterior) either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises Premises, other than Landlord’s standard window coverings, without Landlord’s prior written approval, which will not be unreasonably withheld, conditioned or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened with any sunscreen material without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which will not be unreasonably withheld, conditioned or delayed.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any exterior part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalconsent, which will not be unreasonably withheld, conditioned or delayed. Signage shall conform to Landlord’s design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment shall be placed only in a location designed to carry the weight of such equipment.
10.912.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral unlawful purposes or unlawful purposes, nor shall Tenant knowingly (b) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.1012.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)
Use. 10.1. Section 21.1 The Tenant shall use the Premises and the Personal Property solely for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation production of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five Joint Venture Products (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed as defined in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500Contribution Agreement) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance conduct of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Business and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAno other purpose. The provisions of this Section 10.10 21.1 shall survive not prohibit any new uses which become part of the expiration Business, provided that the same: (a) are of the same nature as the current uses of the Demised Premises and the Personal Property; (b) are permitted under the certificate of occupancy (or earlier termination the certificate of this Leaseoccupancy is amended to permit such use); and (c) are approved by the Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall not use, treat, or dispose of any Hazardous Substances (as defined in the Contribution Agreement) in connection with the use of the Premises for the production of Joint Venture Products without first obtaining the prior consent of the Landlord, which consent shall not be unreasonably withheld or delayed.
Section 21.2 Pursuant to the Contribution Agreement, the Landlord may have transferred to, or made available for use by, the Tenant, certain Governmental Authorizations (as defined in the Contribution Agreement) required for the use and occupancy of, and conduct of the Business at, the Demised Premises. The Tenant shall obtain (to the extent not transferred or made available to the Tenant as provided above) and thereafter shall maintain in full force and effect, any permit, approval or license which is required by any governmental or nongovernmental agency or insurance regulatory body for the operation and maintenance of the Demised Premises and the use thereof in connection with the Business (including, without limitation, the Governmental Authorizations transferred to or made available to the Tenant pursuant to the Contribution Agreement), and shall promptly furnish the Landlord with a copy of same. The Tenant shall not use or allow the Premises or any part thereof to be used or occupied for any unlawful purpose.
Section 21.3 In furtherance and not in limitation of the foregoing, the Tenant's use of the Premises and the Personal Property shall at all times be subject to the Landlord's reasonable health, safety and operating regulations and guidelines from time to time which are applicable to the Premises, the Personal Property and/or the Tenant's use thereof, to the extent the same have been furnished to the Tenant by the Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Accuride Corp), Lease Agreement (Accuride Corp)
Use. 10.1(a) During the Lease Term and subject to applicable Legal Requirements, Tenant shall be entitled to access the Premises 24 hours per day, seven days per week, 365 days per year, subject to Force Majeure events. The Premises shall be used only for office, warehouse, clean room (production and testing), and quality control (the “Permitted Use”) and shall not be used for any other purpose. Landlord, in Landlord’s sole and absolute discretion, shall have the right to deny its consent to any change in the Permitted Use. Tenant shall not conduct or give notice of any auction, liquidation or going out of business sale on the Premises. Tenant will use the Premises for in a careful, safe and proper manner and will not subject the purpose set forth in Section 2.12, and shall not Premises to use that would damage the Premises, reasonable wear and tear excepted. Tenant shall not permit any objectionable or permit unpleasant odors, smoke, dust, gas, noise, vibrations, rodents, insects or suffer pests to emanate from the Premises to be usedPremises, for nor take any other purpose action which would constitute a nuisance or which would disturb, endanger or unreasonably interfere with any other tenants of the Building or Property.
(b) Overnight parking, outside storage, including, without limitation, storage of trucks and other vehicles (other than normal parking by Tenant’s employees and invitees), are prohibited without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2(c) Tenant shall obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for T▇▇▇▇▇’s use of the Premises. Tenant shall not use or and occupy the Premises in violation compliance with all existing and future Legal Requirements (hereinafter defined) applicable to the Premises, as well as all requirements of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates insurance carrier and lender, if any. If any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that Legal Requirements shall, by reason of the nature of Tenant’s particular use or occupancy of the PremisesPremises (a “Tenant-Related Reason”), impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings to: (i) modification or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part maintenance of the Premises or the Building without Landlord’s prior written consent; provided that Property or (ii) the use, alteration or occupancy thereof, Tenant shall have the right to install a sign comply with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord such Legal Requirements at Tenant’s sole cost and expense. The term “Legal Requirements” shall mean all of the following: covenants and restrictions, laws, statutes, building and zoning codes, judgments, ordinances, governmental orders, conditions of approval, permits, licenses, rules, and shall be of a sizeregulations (including, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display but not limited to, Title III of the name Americans With Disabilities Act of 1990), as the same may be amended and location of tenants onlysupplemented from time to time, including, without limitation, all legal requirements that pertain to the Property. Tenant shall not place Subject to Tenant’s obligations hereunder, L▇▇▇▇▇▇▇ agrees to maintain the Property in compliance with all applicable Legal Requirements as required by the applicable governing authority. Notwithstanding anything on to the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed contrary contained in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherthis Lease, Tenant shall not place be required to make, or reimburse Landlord for, any equipment weighing five hundred (500) pounds or greater within capital expenditures to comply with Legal Requirements unless the same are necessitated due to Tenant’s particular use of the Premises without Landlord’s prior written approvalor are otherwise reimbursable to Landlord pursuant to the express terms of this Lease, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises provided further that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out the cost of or in connection with any improvements to the compliance Premises to the extent required to be made due to any changes to Title III of the Premises with the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out Act of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of 1990 enacted after the date of this Lease, but if such improvement is of a nature that it would be required of any commercial use of the “path Premises (as opposed to being required due to Tenant’s particular use of travel” into and within the Building (but not within the Premises), except as specifically described in this sentence) and then Tenant shall only be responsible for the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects portion of the Project comply with cost of such improvement, amortized over the ADA. The provisions useful life of this Section 10.10 shall survive the expiration or earlier termination improvement, accruing during the remaining term of this Lease).
Appears in 2 contracts
Sources: Lease Agreement (PetVivo Holdings, Inc.), Lease Agreement (PetVivo Holdings, Inc.)
Use. 10.113.1. Tenant shall use the Premises only for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.213.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.313.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost (unless Tenant promptly pays such increase) of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle 13.
10.413.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.513.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent; provided, however, subject to Landlord’s consent as to the details thereof, which consent shall not be unreasonably withheld or delayed, Tenant shall be permitted to modify or add to the current security system and master key system for the Premises; provided that Landlord shall continue to have access to the Premises consistent with Landlord’s rights under this Lease. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.613.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.713.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor.
10.813.8. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall have the right to signage that is both (a) approved in advance by Landlord and (b) in compliance with Applicable Laws, including, without limitation, City of Fremont codes, including the signage described in Exhibit H.
13.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.913.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1013.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing; provided, however, that Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of perform alterations to the Premises as required by a change in Applicable Laws (other than alterations necessitated by Tenant’s particular use of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except which Tenant shall complete at its sole cost and expense), which Tenant shall pay (a) as specifically described Operating Expenses (subject to the terms of Section 10.1), if such alterations are not confined to the Premises, or (b) to Landlord within thirty (30) days after receipt of an invoice therefor, if such alterations are confined to the Premises (provided that, in this sentence) the case of Subsection 13.11(b), if such costs are for capital repairs or replacements to the Premises, they shall be amortized over the improvements’ useful lives in accordance with GAAP); and the Project’s parking lots, walkways and landscaping areas with the ADA, and provided that Tenant notifies Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects in writing of the Project comply with the ADAneed for any such alterations. The provisions of this Section 10.10 13.11 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)
Use. 10.1Premises -------- The Premises shall be used only for the permitted Use as stated in the Basic Lease Information. Tenant shall No other use of the Premises for the purpose set forth in Section 2.12may be made without Landlord's prior written approval, and which shall be granted or withheld at Landlord's sole discretion. Without Landlord's prior written approval, which shall be granted or withheld at Landlord's sole discretion, Tenant shall not use the PremisesPremises to receive, store, or permit handle any product, material, or suffer merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all laws applicable to the Premises to be usedUse, for any other purpose without Landlord’s prior written consentoccupancy, which consent Landlord may withhold in its sole and absolute discretion.
10.2condition of the Premises. Tenant shall not use permit any objectionable or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingunpleasant odors, and shallsmoke, upon five (5) days’ written notice from Landlorddust, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the abovegas, light, noise, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, impose any duty upon Tenant unreasonably interfere with, or endanger Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, person; nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any purpose or unlawful in any manner that would 1) void any insurance on the Premises or the Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred by Landlord that is caused by Tenant's use of the Premises or because Tenant vacates the Premises. Tenant represents and warrants to Landlord that Tenant's intended Use of the Premises is solely for business or commercial purposes, nor and not for personal, family, or household purposes. Parking Areas ------------- Tenant and its employees and invitees shall Tenant knowingly causehave the non-exclusive right to use, maintain or permit in common with others, any nuisance or waste inparking areas associated with the Premises which Landlord may from time-to-time designate for such use, on or about at an allocation of no less than one parking spaces per 1500 square feet of the Premises, the Building or the Project.
10.10subject to 1) such reasonable rules and regulations as Landlord may promulgate from time to time, and 2) rights of ingress and egress of other tenants and their employees, agents, and invitees. Notwithstanding any other provision herein to the contrary, Tenant Landlord shall not be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and enforcing Tenant's parking rights against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasethird parties.
Appears in 2 contracts
Sources: Net Lease (Ebaseone Corp), Net Lease (Ebaseone Corp)
Use. 10.1. 8.1 Tenant shall use the Premises for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purpose set forth operation and occupancy of a technology company headquarters in Section 2.12the South of Market District, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written consentapproval of plans therefore, which consent Landlord may withhold Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and absolute discretion.
10.2expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or other air-removal/circulation system, and any required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, upon . Upon five (5) days’ business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the aboveCertificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s reasonable opinion violates any notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the aboveCompliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s specific use or occupancy alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Site, the ProjectBuilding, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, and Tenant shall promptly, upon demand, promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 8. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Site, the Building, and/or the Premises that shall in any way which will unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or any unlawful purposes, nor purpose. Tenant shall Tenant knowingly not cause, maintain or permit any nuisance or waste in, on or about the PremisesSite, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Project.
10.10Site, the Building and/or the Premises. Notwithstanding Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect Huntsman Architectural Group, with the partitions to be considered a part of the live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other provision herein space in the Building shall be so installed, maintained and used by Tenant as to the contrary, eliminate such vibration or noise. Tenant shall be responsible for all liabilitiesstructural engineering required to determine structural load. Tenant shall fasten all files, costs bookcases and expenses arising out like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events.
8.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in connection amounts commensurate with the compliance Tenant’s permitted use and occupancy of the Premises with Premises, Tenant shall not use, introduce to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant theretoSite, the “ADA”)Building and/or the Premises, and generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below in this Paragraph 8.2) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall indemnifynot permit the Premises to be in violation of any laws regarding Hazardous Materials brought onto the Premises by Tenant, defend its employees, agents or contractors; provided however that nothing in this Lease shall be construed to impose responsibility on Tenant for the remediation of Hazardous Materials that (i) were present in, on or under the Building on the Lease Commencement Date, (ii) are introduced into the Premises by Landlord’ its employees, agents or contractors, or (iii) which may migrate to the Premises through the air, water or soil through no fault of Tenant, its employees, agents or contractors. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations, of which Tenant has notice. Landlord shall give immediate written notice to Tenant of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Landlord’s operations, of which Landlord has notice.
(a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, managers, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any lossand all claims arising from Tenant’s use, costgeneration, liability manufacture, production, storage, release, discharge or expense disposal of Hazardous Materials on the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of this Paragraph 8. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation,’ (a) all actual damages; and (b) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including reasonable attorneys’ without limitation all costs of monitoring and all fees and disbursements) arising out expenses of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs consultants and expenses arising out of or in connection with the compliance experts retained by and of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAParties. The provisions of this Section 10.10 This indemnity shall survive the expiration or earlier termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party. Landlord shall indemnify and hold harmless Tenant, its directors, officers, members, employees, agents, successors and assigns (collectively “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from the use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises occurring prior to the Lease Commencement Date or during the Lease Term as a result of Landlord’s or Landlord Parties’ use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises.
(b) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term “Hazardous Material” shall include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall be amended from time to time, petroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of petroleum or petroleum-related substances, asbestos, and any other materials requiring remediation now or in the future under federal, state or local statutes, ordinances, regulations or policies.
Appears in 2 contracts
Sources: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)
Use. 10.1. 6.1 Tenant shall use the Premises only for the purpose set forth in Section 2.12, Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant shall, upon termination shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1 (e) above and no other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, nor but shall any bottlesin good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, parcels and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentgovernment regulation.
10.7. No sign6.2 Tenant shall not occupy or use the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on permit any part portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the Building without Landlord’s prior written consent; provided Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building.
6.3 Tenant shall have not permit any objectionable or unpleasant odors to emanate from the right to install a sign with its name and corporate logo Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises.
6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the sizePremises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises.
6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, any permits and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively licenses required for the display transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises so as and, at Tenant’s sole expense, will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to reasonably prevent sounds the use, condition or vibrations therefrom occupancy of the Premises.
6.6 Tenant shall keep all exterior electric signs lighted from extending into dusk until at least 12:00 A.M. every day, including Sundays and holidays.
6.7 Tenant shall include the Common Areas or other offices address and identity of its business activities in the Building. Further, Premises in all advertisements made by Tenant shall not place any equipment weighing five hundred (500) pounds or greater within in which the Premises without Landlord’s prior written approval, address and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any failure similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.
Appears in 2 contracts
Sources: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part the exterior of the Premises or the Building without Landlord’s prior written consent; provided that , not to be unreasonably withheld, conditioned or delayed. Exterior Signage shall only be permitted on the existing glass signage panels on the Building. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws, (b) hire Landlord’s signage vendor to install such Signage and (c) maintain such Signage in a first-class condition. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Lease. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
12.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building, the size, appearance and characteristics of which shall be subject to ’s structural design without Landlord’s prior written consent. Interior signs on doors approval, and the directory tablet such equipment shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be placed in a location designed to carry the weight of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringsuch equipment.
10.812.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, from and after the Term Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding Landlord shall cause the foregoing, Landlord Premises to comply with the ADA as of the Term Commencement Date and shall be responsible (subject to recovery as Operating Expenses) for all liabilities, costs and expenses arising out of or in connection with causing the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord Common Areas to make such aspects of the Project comply with the ADAADA during the Term, including related to any exterior modifications to the Building. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)
Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject (provided that Landlord has given written notice of such rules to Tenant), and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings, except as approved in writing by Landlord in advance. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. Tenant shall have the right to monument signage on the Premises; provided, however, that (a) no such monument signage shall be installed without Landlord’s prior written consent, (b) the design, installation, maintenance, repair, restoration and removal (including restoration of the Property upon which the same was located) of the monument signage shall be at Tenant’s sole cost and expense, (c) any such monument signage must be in full compliance with all Applicable Laws and any covenants, conditions or restrictions that encumber the Property (“CC&Rs”), and (d) Tenant shall be solely responsible for obtaining any governmental permits or approvals, and approvals under the CC&Rs, that are required to install and maintain such monument signage. In the event of a violation of the foregoing by Tenant, Landlord shall remove the same without any liability, and may charge the expense incurred in such removal to Tenant.
10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not only place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements the Premises to comply with the ADA; provided that Tenant shall not be responsible for the TI Allowance or the Additional TI Allowance or for performing the Tenant Improvements. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall agrees to indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord the Premises to make such aspects of the Project comply with the ADAADA prior to the Term Commencement Date. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Receptos, Inc.), Lease (Receptos, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall not be responsible for compliance with Applicable Laws for any work performed in the Premises by or at the direction of anyone other than a Tenant Party.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind kind, shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Initial interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord; provided, however, that Tenant shall be responsible for all costs and expenses incurred by Landlord for any changes to Tenant’s listing in such directory tablet requested by Tenant from and after the Term Commencement Date (excluding any changes on account of improvements to the directory tablet initiated by Landlord). The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, ; costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”)) from and after the Term Commencement Date, and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADAADA from and after the Term Commencement Date. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant) shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: “path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times (subject to Landlord’s compliance with its obligation with respect to base Building HVAC systems under Sections 16.9 and 18.1 of this Lease).
12.13. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within thirty (30) days after demand for any costs incurred by Landlord pursuant to this Section. In the event that Landlord has not obtained the MWRA Permit by the Expense Trigger Date and Tenant is consequently not permitted to use the Acid Neutralization Tank, Landlord shall reimburse Tenant for the reasonable third-party out-of-pocket costs of wastewater disposal that are incurred by Tenant to dispose of wastewater in the absence of the MWRA Permit within thirty (30) days after the delivery to Landlord of invoices therefor by Tenant, which invoices shall be accompanied by supporting materials that are reasonably acceptable to Landlord; provided, however, that Landlord’s obligation to reimburse Tenant for such costs shall terminate from and after the date that Landlord subsequently secures the ▇▇▇▇ ▇▇▇▇▇▇.
Appears in 2 contracts
Sources: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)
Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not knowingly do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectPremises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectPremises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building.
10.5. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No additional sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or exterior of the Building or on the Property without Landlord’s prior written consent; provided that Tenant shall have , which will not be unreasonably withheld. By executing this Lease, Landlord hereby approves the right to install a sign with its name and corporate logo signage currently existing on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyPremises.
10.6. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.1010.7. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 10.7 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Array Biopharma Inc), Lease (Array Biopharma Inc)
Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name use and corporate logo on occupy the exterior of Premises for any retail purpose or for any other use or purpose permitted by the Buildingapplicable zoning authority and otherwise by Laws and, the sizeas applicable, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted any REAs or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyOverleases. Tenant shall not place anything on have the exterior right to cease operations for business (“go dark”) in up to ten percent (10%) of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in aggregate of the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about rentable square footage of the Premises that shall in any way obstruct or interfere with covered by this Lease at the rights time of other tenants or occupants of the Building or the Projectdetermination, or injure or unreasonably annoy them, or and (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance rentable square footage of the Premises with leased premises under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, Other Lease at the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out time of any failure of such improvements to comply with the ADAdetermination. Notwithstanding the foregoing, Landlord (i) as to any particular Property Location, if less than fifty percent (50%) of the rentable square footage of such Property Location is not operating for business, no portion of such Property Location shall be responsible considered “dark”, (ii) no portion of a Property Location shall be considered “dark” unless such Property Location is “dark” for all liabilitiesmore than twelve (12) consecutive months, costs and expenses arising out (iii) no portion of or a Property Location shall be considered “dark” if Tenant ceases business operations in such Property Location in connection with a casualty, condemnation, Capital Improvement (as defined in Article 11) or Force Majeure (as defined in Section 31.10), and (iv) Tenant shall have the right to “go dark” in one (1) distribution center and such Property Location shall not count against the ten percent (10%) limitation set forth above. Tenant shall provide Landlord with written notice of a “go dark” Property Location, and an officer’s certificate of Tenant (1) certifying compliance with all of the existing structural portions square footage requirements set forth in the foregoing subsections (a), (b) and tenant improvements (i), and the other requirements or conditions set forth in the foregoing subsections (ii), (iii) and (iv), and (2) attaching a schedule of the Premises as of the date of square footage calculations in support thereof (provided, however, that Tenant’s failure to deliver such notice and officer’s certificate to Landlord shall not constitute a default under this Lease). Notwithstanding the foregoing, the “path of travel” into terms and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Lease and Tenant’s obligations hereunder (including without limitation, the payment of Base Rent and other Rent without reduction except as set forth in Articles 14 and 15, the maintenance of insurance as required under Article 6 and Tenant’s maintenance obligations under Section 10.10 9.02) shall survive the expiration or earlier termination of this Leaseremain in full force and effect with respect to any Property Location that has gone “dark”.
Appears in 2 contracts
Sources: Master Lease (Spirit Finance Corp), Master Lease (Spirit Finance Corp)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle. Landlord acknowledges that Tenant’s use of the Premises for the Permitted Use in accordance with all of the terms and conditions of this Lease shall not invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building or the Project.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the actual cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings without Landlord’s prior written consent (in Landlord’s so e and absolute discretion). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: “path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. Landlord hereby represents and warrants that, as of the Term Commencement Date, the Common Areas are in compliance with the ADA.
Appears in 2 contracts
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, use reasonable efforts to return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent which as to lab space, shall not be unreasonably withheld, conditioned or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. Subject to Landlord’s review and approval of Tenant’s door Signage, Landlord agrees that Tenant’s door Signage may be in the form of Tenant’s logo (or the logo of any permitted subtenant or assignee). The directory tablet lobby sign shall include its proportionate amount of space for Tenant and shall be provided exclusively for the display of the name and location of tenants only. Should Tenant exercise its ROFR (as defined in Article 42) Landlord shall work with Tenant and endeavor to provide directional signage for various divisions of Tenant in a manner consistent with the Building Signage program. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Tenant shall cause any office equipment or machinery be entitled to one (1) signage spot on the existing monument sign, however, Tenant’s Signage to be installed in inserted on the Premises so as monument sign remains subject to reasonably prevent sounds or vibrations therefrom from extending into Landlord’s review and approval. If Tenant occupies more than twenty-five percent (25%) of the Common Areas or other offices in then Rentable Area of the Building. Further, Tenant may, with prior approval from Landlord, install a building-top fascia sign on the north or south facing façade of the Building which shall not be visible from Highway 101. The location of such building-top sign shall be determined by Landlord in its reasonable discretion.
12.8. Tenant shall only place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not Landlord represents that the floor load limits are eighty (a80) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Projectpounds per square foot live load, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.twenty
Appears in 2 contracts
Sources: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)
Use. 10.1. 11.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute but reasonable discretion.
10.2. 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuildings or the Project, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings in accordance with Applicable Laws if Tenant's failure to comply therewith neither creates any risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any risk of damage to the Premises, nor creates any risk to Landlord's title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
10.3. 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Buildings or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Buildings and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle.
10.4. 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s 's prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 11.6 No awnings or other projections shall be attached to any outside wall of the BuildingBuildings without prior written consent from Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises visible from the exterior of the Building other than Landlord’s 's standard window coveringscoverings without Landlord's prior written approval, which approval shall not be unreasonably withheld. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened screened without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld.
10.711.7 Subject to the approval of all applicable governmental and quasi-governmental entities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, (i) Landlord hereby grants Tenant the non-exclusive right to install one (1) exterior sign on the face of the Building ("Tenant's Fascia Sign"), and (ii) the non-exclusive right to install Tenant's name ("Tenant's Name Sign") on the top or most prominent, available panel on the existing monument sign serving the Project. No signTenant's Name Sign and Tenant's Fascia Sign may collectively be referred to herein as "Tenant's Exterior Signage." The design, advertisement or notice size, specifications, graphics, materials, manner of affixing, exact location, colors and lighting (if applicable) of Tenant's Exterior Signage shall be exhibited, painted or affixed by Tenant on any part (i) consistent with the quality and appearance of the Premises Project, (ii) subject to the approval of all applicable governmental and quasi-governmental authorities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, and (iii) subject to Landlord's reasonable approval. Tenant's Exterior Signage shall be installed at Tenant's sole cost and expense. In addition, Tenant shall be responsible for all other costs attributable to the fabrication, insurance, lighting (if applicable), maintenance, repair and removal of Tenant's Exterior Signage. The signage rights granted to Tenant under this Section 11.7 is personal to the Original Tenant and any Affiliate Assignee and may not be exercised or used by or assigned to any other person or entity (unless Landlord reasonably consents to the Building without Landlord’s prior written consent; provided that assignment of such rights in connection with its approval of an assignment of this Lease). In addition, Original Tenant or such Affiliate Assignee shall no longer have any right to Tenant's Name Sign if at any time during the Term the Original Tenant, such Affiliate Assignee does not lease and occupy the entire Premises. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant's signage rights under this Section 11.7, Landlord shall have the right to install a sign with its name permanently remove Tenant's Exterior Signage, and corporate logo on to repair all damage to the exterior of Project resulting from such removal, and Tenant shall reimburse Landlord for the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentactual out-of-pocket costs thereof. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expenseexpense (provided Landlord will charge its actual out-of-pocket cost for such signage), and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering.
10.8. 11.8 Tenant shall cause any office only place equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalwith floor loading consistent with the Buildings' structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. 11.9 Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent or minimize sounds or vibrations therefrom from extending into the Common Areas or other offices in the Project.
11.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral, unlawful or objectionable purposes (provided that scientific research of any kind will not be deemed immoral or unlawful purposesobjectionable for purposes of this section), nor shall Tenant knowingly or (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. 11.11 Notwithstanding any other provision herein to the contrary, from and after the date of Substantial Completion of the Improvements, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 121011210 I, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “"ADA”").
11.12 Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld and Tenant shall indemnifyTenant's compliance with all applicable laws and any covenants, defend conditions and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with restrictions affecting the ADA. Notwithstanding the foregoingProject, Landlord shall permit Tenant to install and maintain, at Tenant's sole cost and expense, a backup diesel-powered generator at a location designated by Landlord. Such backup generator shall be responsible used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project, which generator may be a "plug in" portable type generator. Tenant shall be entitled to operate the generator for all liabilitiestesting and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, costs operation, installation and expenses arising out of or in connection with the compliance maintenance of the existing backup generator for Landlord's consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's structural portions and tenant improvements mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Article 20 will apply to Tenant's use of the Premises as of backup generator. In the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects event another tenant of the Project comply with or of a neighboring project complains of problems caused by the ADAgenerator, Tenant shall take reasonable steps as necessary to remedy the problem complained of. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. The provisions vent for the generator must be higher than the roof line of this Section 10.10 the Project. Any repairs and maintenance of such generator shall survive be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant's sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Project resulting from such removal; provided that Tenant will at all times have the right to remove the generator if the generator is rented from or otherwise owned by a third party. Such generator shall be deemed to be a part of the Premises for purposes of Articles 22 and 27 of this Lease.
Appears in 2 contracts
Sources: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Use. 10.1. Tenant Subtenant shall use the Sublease Premises solely for the purpose Permitted Use set forth in Section 2.12in, and subject to the terms and conditions of, the Master Lease. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the PremisesSublease Premises for, or carry on, or permit or suffer the Premises to be usedcarried on, for any other purpose without Landlord’s prior written consentoffensive, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use noisy or occupy the Premises in violation of Applicable Laws; zoning ordinances; dangerous trade, business, manufacture or the certificate of occupancy issued for the Buildingoccupation, and shall, upon five (5) days’ written notice from Landlord, discontinue nor permit any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction auction sale to be a violation of any of held or conducted on or about the above, or that in Landlord’s reasonable opinion violates any of the aboveSublease Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord upon demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 29.38.1 of the Master Lease) on, in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectSublease Premises, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain transport or permit the transportation of any nuisance such Hazardous Materials to or waste in, on or about from the Sublease Premises, except for limited quantities used or stored at the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs Sublease Premises and expenses arising out of or required in connection with the compliance routine cleaning and maintenance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Sublease Premises, and Tenant shall indemnify, defend then only upon the written consent of Master Landlord and hold harmless Landlord from Sublandlord and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply in compliance with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseapplicable laws.
Appears in 2 contracts
Sources: Sublease (Credo Technology Group Holding LTD), Sublease (Credo Technology Group Holding LTD)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein in this Lease to the contrary, Landlord shall deliver the Premises to Tenant on the Term Commencement Date in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”). Thereafter, Tenant shall be responsible liable for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements by Tenant to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of satisfy its obligations pursuant to this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADASection. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Use. 10.1The Premises shall be used and occupied for the use as determined in Article 1.01(f) or for such other purpose as the Landlord may specifically authorize in writing. The Tenant shall use operate under the Premises for the purpose firm name as set forth out in Section 2.12, and shall not use Article 1.01(g). If any other business is operated on the Premises, the Tenant shall cease such operation upon receipt of notice from the Landlord. The Landlord, after this written notice to the Tenant, may at its option terminate this Lease if the other business being operated has not ceased. Upon Landlord’s notice to Tenant of Landlord’s exercise of the Landlord’s election to terminate this Lease, Tenant’s obligation to pay Minimum Rent and Additional Rent will cease effective on the date stated in the Landlord’s notice to terminate this Lease. Nothing, in the Landlord’s determination, shall be done or permit omitted or suffer permitted by the Tenant upon the Premises to which shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold or result in its sole and absolute discretion.
10.2a nuisance. The Tenant shall not use or occupy be in default for vacating the Premises prior to the expiration date of the Term so long as the Tenant continues to pay its Minimum Rent and Additional Rent as per the Lease and is not in violation default on the other provisions of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingLease, and shall, upon five (5) days’ provided written notice from Landlordis provided to the Landlord at least thirty (30) days in advance of vacating the Premises. Should the Tenant provide proper notice, discontinue any use has vacated and is not in default of the Premises that is declared or claimed by Lease, the Landlord will have the option to terminate the Lease upon providing thirty (30) days notice. At any Governmental Authority having jurisdiction time prior to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any notice of the above. such termination, Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy be entitled to resume its occupation of the Premises, impose upon providing thirty (30) days notice. For the avoidance of doubt, if Landlord chooses to so terminate, all obligations of Tenant, including without limitation any duty upon Tenant Rent or Landlord with respect to Additional Rent amounts remaining over the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements balance of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changeterminate.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Drugstore Com Inc)
Use. 10.1. Tenant shall use the Demised Premises for the no unlawful purpose set forth in Section 2.12, and or act; shall not use the Premises, commit or permit no waste or suffer damage to the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable LawsDemised Premises; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction and obey all laws, regulations, or orders of any Governmental Authority having jurisdiction that shallgovernmental authority or agency, and all rules and regulations for the Shopping Center promulgated by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect from time to the Premises or with respect to the use or occupation thereof.
10.3. Tenant time; shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that shall which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Shopping Center or injure or unreasonably annoy them; and shall not do or permit anything to be done which will invalidate the fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises and/or the Shopping Center, or increase the premium rates therefore. Tenant shall comply with all requests of any carrier of the foregoing insurance risks. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Shopping Center of any of the Shopping Center rules and regulations promulgated by Landlord pursuant to Section 17.14, but agrees to take reasonable measures to assure such other tenants' performance. Tenant Agrees as follows:
(a) All loading and unloading, deliveries, and shipping of goods shall be done at such times, in the areas, and through the entrances as designated by Landlord.
(b) use There shall be no overnight parking in the Shopping Center.
(c) No Aerial, Loudspeaker, or allow sound amplifier shall be erected on the roof or exterior walls of the Demised Premises, or on any other areas of the Shopping Center without the prior written consent of the Landlord.
(d) No loudspeakers, televisions, phonographs, jukeboxes, radios or other devices shall be used in a manner so as to be heard other than by persons who are within the Demised Premises, without the prior written consent of the Landlord.
(e) No activity shall take place on the Demised Premises which shall cause any odor which can be smelled other than by persons who are within the Demised Premises.
(f) Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures.
(g) The outside areas immediately adjoining the Demised Premises, including but not limited to the sidewalks in front of and in back of the Demised Premises, shall be kept clean and free from snow, ice, dirt, and rubbish by Tenant to the satisfaction of Landlord.
(h) Tenant shall not permit or place any obstructions or merchandise outside of the Demised Premises.
(i) The plumbing facilities in the Demised Premises shall not be used for immoral any purpose other than that for which they are constructed, and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage, or unlawful purposes, nor damage resulting from a violation of this provision shall be borne by Tenant.
(j) Tenant knowingly causeshall keep all windows of the Demised Premises clean.
(k) Tenant shall not keep, maintain or permit allow to be kept or maintained on the Demised Premises any nuisance vending or waste ingaming machinery without written consent of the Landlord except such machinery as is a necessary part of Tenant's business as referred to in 5.01 above; provided, on or about the Premiseshowever, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, that Tenant shall be responsible for all liabilities, costs allowed to install and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements maintain vending machines to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord provide food service to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseits employees.
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in the reasonable written opinion of Landlord’s reasonable opinion legal counsel violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject disclosed in writing to Tenant, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No Tenant may install additional locks locks, bolts or security measures reasonably necessary to properly conduct its business and operations in the Premises, including securing the interior and exterior doors and windows of the Premises; provided, however, that any such locks, bolts of any kind or security measures shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made subject to existing locks or the mechanisms thereof without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed). Tenant shall provide Landlord with all keys, key cards and access codes necessary to access all portions of the Premises. Tenant shall, upon termination of this Lease, return to Landlord all keys and key cards to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key or key card so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key or key card if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the BuildingBuilding without Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coveringscoverings as set forth in the Tenant Manual (as defined in Section 13.1). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed), nor shall any bottles, parcels or other articles be placed on the windowsills. Any such window treatment shall also be subject to the requirements set forth in the Tenant Manual. For the avoidance of doubt, it shall be unreasonable for Landlord to withhold its consent to any requested awnings, blinds, shades, screens or other window tinting or treatments if Tenant demonstrates to Landlord that such are necessary for Tenant to comply with Applicable Laws [**] required to conduct Tenant’s business and operations on the Premises consistent with the Permitted Use; provided, that any such awnings, blinds, shades, screens or other window tinting or treatments are performed in accordance with the Tenant Manual. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises visible from outside the Premises or the Building without Landlord’s prior written consent; provided that , which shall not be unreasonably withheld, conditioned or delayed. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentLease. Interior signs Signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only.
12.8. Tenant shall not only place anything on equipment within the exterior of Premises with floor loading consistent with the corridor walls or corridor doors other than Building’s structural design without Landlord’s standard letteringprior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.812.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding This Section (as well as any other provisions of this Lease dealing with indemnification of the foregoing, Landlord Indemnitees by Tenant shall be responsible for all liabilities, costs and expenses arising out of or deemed to be modified in connection with each case by the compliance insertion in the appropriate place of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the following: “path of travel” into and within the Building (but not within the Premises, except as specifically described otherwise provided in this sentence) and the Project’s parking lotsMass. G.L. Ter. Ed., walkways and landscaping areas with the ADAC. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The indemnification provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Tenant shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined in Section 16.7)
Appears in 1 contract
Use. 10.1(a) The Premises may be used by the Tenant for school purposes and all ancillary uses typically appurtenant thereto (the “Permitted Use”) and for no other purpose. Tenant shall use agrees to comply with the rules and regulations established for Landlord’s Property and the Premises for annexed hereto as Exhibit B. Tenant shall not alter or replace any lock on any base Building door, or place any signs or notices on the purpose set forth in Section 2.12doors, and walls, or windows of the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant shall not use the Premises, or permit or suffer the Premises to be used, for in any other purpose without Landlord’s prior written consentmanner which (i) violates any applicable law, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the aboverule, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use regulation; (ii) causes or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect is reasonably likely to cause damage to the Premises or with respect to the use Landlord’s Property; (iii) violates a requirement or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost condition of any fire, environmental, fire and extended coverage or any other insurance policy covering the Building and Premises or Landlord’s Property, or increases the Projectcost of such policy; or (iv) constitutes or is reasonably likely to constitute a nuisance, and shall comply with all rulesannoyance or inconvenience to neighbors, ordersadjoining property owners, regulations and requirements and/or other tenants or occupants of the insurers of the Building and the ProjectLandlord’s Property, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenantor to Landlord’s failure to comply with the provisions of this SectionProperty.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. (c) Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, maintain the Premises in a neat and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyclean condition. Tenant shall not place anything on the exterior be responsible for, and upon demand by Landlord shall promptly reimburse Landlord for, any damage to any portion of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment Property or machinery to be installed in the Premises so as caused by (i) Tenant’s activities in Landlord’s Property or the Premises; (ii) the performance or existence of any alterations, additions or improvements made by Tenant in or to reasonably prevent sounds the Premises;
(iii) the installation, use, operation or vibrations therefrom from extending into movement of Tenant’s property in or about the Common Areas Landlord’s Property or other offices in the BuildingPremises; or (iv) any wrongful act or omission by Tenant or its officers, employees, agents, contractors or invitees including, without limitation, school administrators, teachers, students and parents. FurtherNotwithstanding the foregoing or anything to the contrary contained herein, Tenant shall not place be obligated to perform any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in work on or about the Premises that (x) which is structural in nature or which is Landlord’s obligation under this Agreement (provided, Tenant shall reimburse Landlord for the cost of such work as provided in any way obstruct this Agreement when such work is caused by Tenant’s acts or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy themis requested by Tenant), or (by) use to remove or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out otherwise dispose of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. hazardous materials (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of unless such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of hazardous materials are present at the Premises as a result of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseactions).
Appears in 1 contract
Sources: Lease Agreement
Use. 10.1. (a) Tenant agrees to and shall use the Demised Premises solely for the purpose set forth in Section 2.12, and shall of conducting the Permitted Use. Tenant agrees not to use the Premises, or permit or suffer the use of the Demised Premises to be used, for any other purpose without Landlord’s prior written consentbusiness or purpose. Tenant further agrees not to conduct any catalogue, mail or telephone order sales in or from the Demised Premises, except of merchandise which Tenant is permitted to sell “over the counter” to customers in the Demised Premises pursuant to this Paragraph. Tenant agrees to conduct Tenant's business in the Demised Premises under the Tenant's Trade Name, which consent Landlord may withhold in its sole and absolute discretionname Tenant represents that it has the right to use.
10.2. (b) Tenant shall not agrees to: open, occupy and continuously use or occupy during the Lease Term the entire Demised Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingPermitted Use, and shallto conduct Tenant's business therein in a reputable manner; to remain open for business during the usual and regular hours and days as such businesses are customarily open for business in the locality where the Shopping Center is located; to adequately staff its store with sufficient employees to handle the maximum business possible therein and carry sufficient stock of seasonal merchandise of such size, upon five (5) days’ written notice from character and quality to accomplish the same; to maintain displays of merchandise in the display windows, if any; to keep the display windows, if any, and all signs well lighted during such hours and days that the Shopping Center is lighted by Landlord, discontinue any use and to keep all exterior signs lighted until the earlier of (i) 1:00 a.m. or (ii) the latest hour permitted under applicable law; to keep and maintain the Demised Premises that is declared and Tenant's personal property and signs therein or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building thereon and the Projectexterior and interior portions of all windows, doors and shall all glass or plate glass in a neat, clean, sanitary and safe condition; to warehouse, store or stock in the Demised Premises only such goods, wares and merchandise as Tenant intends to offer for sale, at retail; to apply for, secure, maintain and comply with all rules, orders, regulations and requirements licenses or permits which may be required for the conduct by Tenant of the insurers Permitted Use and to pay as and when due all license and permit fees and charges of a similar nature in connection therewith; use for office or other non-selling purposes only such space as is reasonably required for the conduct by Tenant of the Building and Permitted Use in the ProjectDemised Premises, and Tenant such office or other non-selling space shall promptly, upon demand, reimburse Landlord not be used to perform any functions for any additional premium charged for such policy other store or business conducted by reason Tenant or by any other person or firm; to use exclusively the logo, insignia or other identifying m▇▇▇ of the Shopping Center designated by Landlord in Tenant’s failure to comply with 's local advertising of the provisions of this Section.
10.4Demised Premises, whether printed or visual; not conduct any real or fictitious “going-out-of-business”, auction, distress, fire or bankruptcy or similar sale. Tenant shall keep all doors opening onto public corridors closedagrees not to operate its business under this Lease so as to breach or violate any restrictive covenant contained in any other lease entered into by Landlord, except when or violate any restrictive agreement contained in use for ingress and egress.
10.5. No additional locks any contract entered into by Landlord, or bolts of violate any kind shall be placed restrictive agreement contained in any judgment or decree imposed upon any of Landlord which is in effect at the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination time of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostincluding, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection withwithout limitation, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentexclusive use clause.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Digital Cinema Destinations Corp.)
Use. 10.1. Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the purpose Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Section 2.12Exhibit C), and shall not other than compliance that is necessitated by the use the Premises, or permit or suffer of the Premises to for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. Landlord and Tenant agree that is declared the “call center” restriction set forth above shall not restrict Tenant from maintaining an IT “help desk” to provide technical services to its customers or claimed by any Governmental Authority having jurisdiction telemarketing services to be a violation of any its customers, provided that those portions of the abovePremises dedicated to such use shall not exceed 10,000 square feet, and at all times, the population density within that portion of the Premises dedicated to such call center does not exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that in Landlord’s reasonable opinion violates any of the aboveare objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with any direction of any Governmental Authority having jurisdiction that shall, by reason other tenants or Landlord in its management of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises so as to reasonably prevent sounds any activity, or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or injure any act or unreasonably annoy themomission by Tenant, or (b) use its agents, employees, representatives, or allow contractors, such statement or threat shall be conclusive evidence that the Premises increase in such rate is due to be used for immoral such act of Tenant or unlawful purposes, nor shall Tenant knowingly cause, maintain the contents or permit any nuisance or waste in, on equipment in or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contraryand, as a result thereof, Tenant shall be responsible liable for all liabilities, costs such increase and expenses arising out of or in connection shall be considered Additional Rent payable with the compliance next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into and within the Building (but not within the Premisesany dangerous, except as specifically described in this sentence) and the Project’s parking lotsnoxious, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.. SMRH:418641349.9 18
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant , not to be unreasonably withheld, conditioned or delayed. Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. In the event that the Building becomes a multi-tenant building, Landlord shall install a directory tablet, at its sole cost and expense, exclusively for the display of the name and location of tenants of the Building and shall inscribe, paint or affix Tenant’s information on the directory tablet for Tenant, at Tenant’s sole cost and expense. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Subject to the provisions of this Section and conformance with all Applicable Laws, Tenant shall have the right to have (m) Building top Signage facing Genesee Avenue and/or Science Center Drive at Tenant’s election and (n) in the event there is any monument Signage for the Project with more than one slot, the top slot in such monument Signage, provided in each case, that, such Signage rights shall be contingent upon (y) the Premises being at least as large as on the Execution Date and (z) Tenant occupying the entire Premises. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. SMRH:418641349.9 19
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrarycontrary (except as otherwise provided in this Section), from and after the Term Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding Landlord, at its sole cost and expense without recovery as Operating Expenses, shall cause the foregoingCommon Areas to comply (as of the Term Commencement Date) with the ADA; provided, however, that the foregoing shall not be deemed to require Landlord to incur any costs to upgrade the Project to meet current requirements under Applicable Laws to the extent not otherwise required by Applicable Laws (i.e., if such requirements do not currently apply to the Project due to a grandfather clause or similar provision under Applicable Laws). In the event that the Building becomes a multi-tenant building, Landlord shall be responsible responsible, at its sole cost and expense (and not subject to recovery as Operating Expenses or otherwise), for all liabilities, costs and expenses arising out of or in connection with causing the compliance of the existing structural portions and tenant improvements of the Premises Common Areas to comply (as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencebecomes multi-tenanted) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against including related to any loss, cost, liability interior or expense exterior modifications to the Building. The Premises have not undergone inspection by a Certified Access Specialist (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAas defined in California Civil Code Section 55.52). The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Affymetrix Inc)
Use. 10.1. Tenant shall continuously occupy and use the Premises only for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Permitted Use and shall comply with all rulesLaws relating to the use, orderscondition, regulations access to, and requirements occupancy of the insurers Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 300 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4a temporary nature. Tenant shall keep not conduct second or third shift operations within the Premises; however, Tenant may use the Premises after normal business hours, so long as Tenant is not generally conducting business from the Premises after normal business hours. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all doors opening onto public corridors closedrules, except when regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for ingress and egress.
10.5. No additional locks other than the Permitted Use or bolts as a result of any kind alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be placed upon borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other than de minimis quantities found in typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws and in a reasonable and prudent manner). Except as provided below, the following uses are expressly prohibited in the Premises: schools, governmental offices or agencies; personnel agencies; collection agencies; credit unions; data processing, telemarketing, reservation centers or other "call centers"; medical treatment and health care; radio, television or other communications broadcasting; restaurants and other retail; and customer service offices of a public utility company. Notwithstanding the preceding sentence, the following ancillary uses are permitted in the Premises only so long as they do not, in the aggregate, occupy more than 10% of the doors rentable square feet in the Premises or windows any single floor (whichever is less): (1) the following services provided by Tenant exclusively to its employees: schools, training and other educational services; and (2)the following services directly and exclusively supporting Tenant's business: telemarketing; reservations; storage; data processing; debt collection; and similar support services. If, nor shall any changes be made to existing locks because of a Tenant Party's acts or omissions or because Tenant vacates the mechanisms thereof without Landlord’s prior written consent. Tenant shallPremises, upon termination the rate of this Lease, return to Landlord all keys to offices and restrooms either furnished to insurance on the Building or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostits contents increases, Tenant shall pay to Landlord the cost amount of replacing the same such increase on demand, and acceptance of such payment shall not waive any of Landlord's other rights. If Tenant fails to cease or of changing the lock remediate such acts within five days after Landlord's request that Tenant do so, then such acts or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections omissions shall be attached to any outside wall an Event of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyDefault. Tenant shall not place anything on the exterior of the corridor walls or corridor doors conduct its business and control each other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises Party so as not to reasonably prevent sounds create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. 10.1Tenants shall not run any businesses or perform commercial or agricultural activities on the premises. Tenant Tenants shall use not host any parties or gathering at the Premises for (defined as 10 people or more) that disturb the purpose set forth in Section 2.12, peace and quiet of neighbors. Tenants shall not use have kegs of beer or illegal substances on the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2property. Tenant shall not use or occupy smoke any substance inside the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the abovepremises. Tenant shall comply with any direction refrain from excessive noise at all times. Consumption of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy alcohol is not permitted outside of the Premises, impose any duty upon Tenant . No signs or Landlord with respect notices are to be placed in windows or on the Premises or with respect to the use or occupation thereof.
10.3building grounds. Tenant is responsible for, shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Projectliable for, and shall comply with all rules, orders, regulations indemnify and requirements defend the Landlord and owners of the insurers Premise against any claim arising from Tenant’s own actions, as well as the actions of its invitees or guests while on the Premises. Any illegal activities such as providing a place for minors to consume alcohol shall be grounds for termination of the Building and Lease. Tenants shall not allow any persons to be on the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts roofs of any kind structure on the premises. Tenants shall be placed upon not have any of items outdoors around the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises property other than Landlord’s standard window coveringsitems designed and sold as lawn or patio furniture. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises Fire egresses are to be used only for immoral or unlawful emergency purposes. Tenant Initials: ____________________ Utilities & Services Provided by the Landlord. Utilities shall be paid by the parties as follows: Paid by Landlord Paid by ▇▇▇▇▇▇ DESCRIPTION Electricity __ _ __ Up to $ ______ for the term of the lease. Heating Fuel __X_ _____ Up to $ _______ for the term of the lease Sewer / Water __X_ ______ Up to $ _______ per quarterly bill Hot Water ___ _____ Electric oil propane natural gas Plow & Mow __X_ __ ___ Tenant responsible for walkways, nor shall stairs, egress Cable/Internet ___ __X___ No Dish Satelites on the property. Tenants agree and are required to keep the temperature between 65 and 72 degrees and keep the windows closed between November 1st and April 1st. Landlord may enter the Premises immediately and without notice to close windows left open during this time. Tenants agree to keep items 8” away from heat sources – baseboard, air vents, etc. Tenant knowingly cause, is liable for any damage caused by failure to maintain or permit any nuisance or waste in, on or about proper temperature and utility service to the Premises, . Tenants may not change the Building or shower heads as energy efficient ones have been installed. Tenants must call the ProjectElectric Company at 207-973-2020 and have the account set up for the move in date. Tenants must keep the electricity turned on at all times during their lease.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Residential Lease
Use. 10.1The LESSEE hereby expressly agrees and warrants that the LEASED PREMISES shall be used exclusively for CALL CENTER operations running on a 24/7 basis. Tenant Furthermore -
8.1 The LESSOR warrants that the LEASED PREMISES are in good condition and comply with the zoning laws for office operations as well as the building, fire and safety codes promulgated by the National and Local Government. The LESSEE hereby expressly acknowledges that the LEASED PREMISES are in good and tenantable condition and agrees to keep the same in clean, presentable and sanitary condition including its common areas and toilets in order to maintain the high quality standards of the property;
8.2 During the Lease Period, the LESSEE shall have possession of and the right to use the Premises for LEASED PREMISES in accordance with the purpose terms and conditions set forth herein and in Section 2.12strict conformity with all laws, ordinances and regulations prescribed by governmental authorities.
8.3 The LEASED PREMISES shall not be used by the LESSEE exclusively for purposes of operating a CALL CENTER. Under no circumstance shall the LESSEE use the Premises, or permit or suffer the Premises to be used, LEASED PREMISES for any other purpose without Landlord’s the prior written consentconsent of the LESSOR; Provided, which consent Landlord that the LESSEE may withhold in provide an eating and sleeping area within the LEASED PREMISES to its sole and absolute discretion.employees;
10.2. Tenant 8.4 The LESSEE shall not use or occupy allow the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises LEASED PREMISES for illegal or immoral purposes, or for purposes prohibited in this Contract.
8.5 The LESSEE shall provide for itself, and at its own expense, receptacles, which the national and/or local laws or ordinances may prescribe to hold and contain waste matter, garbage and refuse, and shall deposit them at such places within the Property as may be designated by the LESSOR. The LESSEE shall ensure that is declared or claimed all wet garbage and refuse are properly disposed of in suitable containers. The LESSEE shall likewise comply with the Tenant Occupancy Manual, House Rules and Regulations, set by any Governmental Authority having jurisdiction to the Cyber One Building Management;
8.6 The LESSOR shall not be a violation liable for the presence in the LEASED PREMISES of bugs, vermins, rats, ants, termites, insects and other pests of any of kind or nature whatsoever. The LESSOR, however, undertakes to provide normal and regular pest control services to protect the aboveLEASED PREMISES.
8.7 The LESSEE shall not bring into the LEASED PREMISES any inflammable or explosive goods or materials, or that in Landlord’s reasonable opinion violates any article which may expose the LEASED PREMISES to fire or thereby increase the fire hazard or the rates of insurance premium thereon, or any article which the above. Tenant LESSOR may prohibit; neither shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do LESSEE carry on or permit to be done anything that will invalidate carried on the LEASED PREMISES any trade or occupation which may expose the LEASED PREMISES to fire or thereby increase the cost fire hazard or render any increase of premium payable for the insurance of the LEASED PREMISES against fire and the like, or which may make void or voidable the whole or part of any fire, environmental, extended coverage or any other policy for such insurance. The LESSEE may inquire from the LESSOR of the particulars of the fire insurance policy covering the Building LEASED PREMISES.
8.8 The LESSEE shall not use the corridors and patios of the Projectproperty except as a passageway or aisles for lawful ingress and egress into and from the LEASED PREMISES.
8.9 The LESSEE shall take all reasonable precautions necessary; to protect the interior of the LEASED PREMISES against damage by storm, typhoon or like threats.
8.10 The LESSEE shall see to it that the LEASED PREMISES are free from annoying sounds, disturbing noises, obnoxious odors and other nuisances due to its fault, and shall comply with all rules, orders, regulations that the LEASED PREMISES are used in a manner that will not disturb the peace and requirements tranquility of the insurers other tenants of the Building and property.
8.11 Should the ProjectLESSEE fail to maintain the LEASED PREMISES as herein required, and Tenant then, the LESSOR shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason give a written notice to the LESSEE demanding the repair/maintenance of Tenant’s failure the LEASED PREMISES. If the LESSEE refuses to comply with the said demand within Thirty (30) days from receipt thereof, the LESSOR may enter the LEASED PREMISES in order to repair/maintain the same, and thereafter charge against the Deposit of the LESSEE as provided under Paragraph 4 hereof, all costs and expenses incurred by the LESSOR in connection with such repair/maintenance, without prejudice to the rights of the LESSOR under the other provisions of this SectionContract.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section.
10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed if such treatment is not visible from outside the Premises), nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed if such items are not visible from the exterior of the Premises).
10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for by Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord, and the directory tablet shall be inscribed or affixed for Tenant by Landlord at Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Notwithstanding anything set forth herein to the contrary, all rights of Tenant with respect to Signage on the exterior of the Building shall be personal to Tenant and may not be assigned with this Lease or otherwise.
10.812.8 Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.10. 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding As of the foregoingExecution Date, to Landlord’s actual knowledge and without any duty to investigate, Landlord has received no written notice of any ADA violations within the Premises. This Section (as well as any other provisions of this Lease dealing with indemnification of the Landlord Indemnitees by Tenant) shall be responsible for all liabilitiesdeemed to be modified in each case by the insertion in the appropriate place of the following: “except as otherwise provided in Mass. G.L. Ter. Ed., costs C. 186, Section 15.” For the avoidance of doubt, “Lenders” shall also include historic tax credit investors and expenses arising out of or new market tax credit investors. Landlord represents and warrants that the Premises and the Common Areas shall be in connection compliance with the compliance of the existing structural portions and tenant improvements of the Premises ADA as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADATerm Commencement Date. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12 Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times.
12.13 Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to this Section.
Appears in 1 contract
Sources: Lease (Gritstone Oncology, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall be prohibited from using the Premises or any portion of the Property for the sale or production of marijuana.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any lossand all demands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) arising out incurred in investigating or resisting the same (collectively, “Claims”) of any failure kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Tenant, at its sole cost and expense, shall have the right to install exterior Building signage (which may include Tenant’s registered corporate logo), subject to all applicable laws and Landlord’s reasonable approval. Notwithstanding the foregoing, Landlord, at its sole cost and expense (and not to be included in Operating Expenses), shall provide Tenant with Building standard Signage on all Building directories and at the entrance to the Premises.
10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”), excluding consequential damages, arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitiesand without limiting Tenant’s responsibilities under this Section, costs and expenses arising out at the time of or in connection with the compliance Landlord’s delivery of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, all base building systems (including HVAC, electrical, life safety and plumbing) shall be in good working condition and suitable for laboratory and office uses, the Premises and Building common areas (except as specifically described in this sentencefor mechanical spaces) and the Project’s parking lots, walkways and landscaping areas will be compliant with the ADA, and Landlord shall indemnify, defend the Premises’ demising walls and hold harmless Tenant from and against Common Area corridors will be in compliance with the local municipal building code. This Section (as well as any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out other provisions of any failure of Landlord to make such aspects this Lease dealing with indemnification of the Project comply with Landlord Indemnitees by Tenant shall be deemed to be modified in each case by the ADAinsertion in the appropriate place of the following: “except as otherwise provided in Mass. G.L. Ter. Ed., C. 186, Section 15.” The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) to operate the Acid Neutralization Tank (as defined below) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to this Section.
Appears in 1 contract
Sources: Lease (BIND Therapeutics, Inc)
Use. 10.1. Tenant shall use the Premises for the purpose set forth Hazardous Materials Storage Area in Section 2.12a manner that complies with all applicable Legal Requirements and any and all rules and regulations which may be reasonably adopted by Landlord from time to time, and Landlord shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. provide Tenant shall not use or occupy the Premises in violation with a minimum of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) 30 days’ advance written notice from Landlord, discontinue any use of the Premises that is declared or claimed (which may be by any Governmental Authority having jurisdiction to be a violation email) of any of the above, or that in Landlord’s reasonable opinion violates any of the abovenew rules and regulations. Tenant shall comply with any direction schedule(s) which may be implemented by Landlord for access to and use of the Hazardous Materials Storage Area by all parties entitled to use the same. Tenant agrees to cause its employees who will have access to the Hazardous Materials Storage Area to complete all training programs, if any, reasonably mandated by Landlord relating to the use of the Hazardous Materials Storage Area. Tenant shall use the Hazardous Materials Storage Area in a manner that will not interfere with the rights of any Governmental Authority having jurisdiction other tenants, other licensees or Landlord’s service providers. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Hazardous Materials Storage Area from interference or use from any person including, without limitation, other tenants or licensees of the Project. Any failure by Tenant to comply with the terms of this Section 2 or any rules and regulations reasonably adopted by Landlord with respect to the Hazardous Materials Storage Area that shall, by reason of is not cured within 10 business days after written notice to Tenant shall constitute a Default under the Lease; provided that if the nature of Tenant’s use or occupancy default is such that it cannot be cured by the payment of the Premisesmoney and reasonably requires more than 10 business days to cure, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. then Tenant shall not do or permit be deemed to be done anything in Default if Tenant commences such cure within said 10 business day period and thereafter diligently prosecutes the same to completion; provided, however, that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind cure shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other completed no later than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom 60 days from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, Landlord’s notice (taking into account any delays due to Force Majeure). Tenant’s rights to use the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord Hazardous Materials Storage Area shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive automatically terminate upon the expiration or earlier termination of this the Lease.
Appears in 1 contract
Use. 10.1(a) The Site shall be used only for the placement of the Home and for a private residence in the Home for all named Tenants and all named minor dependents of Tenant as set forth on Tenant's application and this Lease. Any person other than listed on the Lease shall be considered a guest. Without the Landlord’s written consent, any guest's stay shall not exceed a total of fourteen days within any twelve month period commencing with the first day of the guest’s presence. If Landlord grants written permission to extend the stay beyond fourteen days, Tenant shall pay to Landlord as additional rent $ 25 per guest per day or part thereof during which each guest resides on the Site. Tenant shall use the Premises be responsible for the purpose set forth in Section 2.12, acts of ▇▇▇▇▇▇'s other occupants and guests. Landlord shall not use the Premises, or permit or suffer the Premises have sole discretion to determine when a stay has exceeded fourteen days. Any person who is a guest and seeks to stay for more than fourteen days must be used, for any other purpose without screened by Landlord using Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionstandard procedures. Any guest who does not pass screening shall remove from the home.
10.2. (b) Tenant shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises Site for any unlawful purpose or any purpose that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any will adversely affect reputation of the aboveLandlord, the Community or its residents.
(c) Tenant shall not use or keep in, on, or that in Landlord’s reasonable opinion violates any about the Site anything which would adversely affect insurance coverage of the above. Home or the Community.
(d) Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of not make excessive noise or engage in activities which unduly disturb neighbors or other Tenants within the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3Community. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or by any other insurance policy covering action or inaction, disturb either the Building Landlord’s or other Tenant’s right to the use and enjoyment of the Projectproperty or create a nuisance.
(e) Tenant shall not keep in or about the Site any pet unless specifically approved in writing by Landlord and registered with the Community management. ▇▇▇▇▇▇▇▇ will administer this paragraph in conformance of Tenant’s rights under the American’s with Disabilities Act.
(f) Tenant shall in every respect comply with the ordinances of the municipality in which the Site is located and with the rules and orders of the Board of Health thereof, and shall comply obey all lawful orders, rules and regulations of all governmental authorities. Tenant shall be responsible for any fines or other charges imposed on the manufactured home community imposed by any level of government as a result of the Tenant’s actions or inactions.
(g) Tenant shall not attach or affix anything to the exterior of the Home or construct any accessory structure on the Site, including, without limitation, any garage, shed, broadcast antennae greater than twelve feet high, satellite dish with a diameter greater than one meter, solar panel or wind turbine, exterior wood burning furnace or similar heating source, or other device without the prior written consent of Landlord. Work shall be done in accordance with all rules, orders, regulations applicable codes and requirements regulations. Tenant shall not make any change to the exterior color of the insurers Home or to any accessory structure on the Site without the prior written consent of the Building and the ProjectLandlord. If there is a non-compliance, and upon request of Landlord, Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure remove or make modifications to the Home or accessory structure on the Site to comply with the provisions of this SectionSection 6. Tenant acknowledges that some if not all construction requires a building permit. Tenant will obtain a permit only after written permission from Landlord is obtained. The Site as described ends at the roof line. Lease does not include an easement for light or solar access as this matter is specifically reserved by Landlord.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. (h) Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In within 15 days after the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall installation of the Building. No curtainsHome on the Site, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door install a "skirt" extending for the full perimeter of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of Home which shall be subject to first approved by Landlord’s prior written consent. Interior signs on doors and the directory tablet Home shall be inscribed, painted or affixed for Tenant installed by Landlord at Tenant’s sole cost and expense, and licensed installer to applicable state standards. Skirting around the Home shall be properly maintained by Tenant during the entire Lease term in accordance with the standards at the time of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringoriginal installation.
10.8. Tenant shall cause any office equipment or machinery to be installed (I) Except as otherwise stated in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherthis paragraph, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain cause or permit any nuisance flammable or explosive material, oil, radioactive material or hazardous or toxic waste inor substance to be brought upon, used, stored or dumped on or about the Premises, the Building Site or the Project.
10.10Community. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilitiesany required repair, costs and expenses arising out of clean-up or in connection with the compliance detoxification of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Site caused by Tenant and Tenant shall indemnify, defend and hold harmless indemnify Landlord from and against any lossliability, cost, liability claim or expense (including reasonable attorneys’ fees relating thereto. Proper use and disbursements) arising out storage of any failure of such improvements to comply with the ADA. Notwithstanding the foregoinggasoline, Landlord shall be responsible for all liabilitiesgas cans, costs oil and expenses arising out of lighter fluid or in connection with the compliance of the existing structural portions other flammables and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADALP tanks is required. The provisions of this Section 10.10 foregoing covenant and indemnity shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Manufactured Home Community Lease
Use. 10.1Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. In the event Tenant fails to continuously occupy and use the Premises, except for a period of sixty (60) days (or longer, upon prior approval by Landlord, which approval shall not be unreasonably withheld) in the event of remodeling (provided in all events Tenant is diligently pursuing to reopen for business in the Premises), Landlord shall have the right, exercisable by Landlord at any time thereafter while Tenant has ceased operating its business on the Premises, in Landlord’s discretion, to terminate the Lease upon written notice to Tenant. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. Tenant shall use commercially reasonable efforts to not overburden the parking ratio (such ratio being calculated at 3.5 parking spaces per 1000 rentable square feet within the Premises) for the Building on a regular basis. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the all portions of the Building and Complex that do not include the Premises, including the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the purpose set forth in Section 2.12, Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use substantial portion of the Premises that is declared or claimed by for a “call center”, any Governmental Authority having jurisdiction to be a violation of any of the aboveother telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that in Landlord’s reasonable opinion violates any of the aboveare objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall comply conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with any direction of any Governmental Authority having jurisdiction that shall, by reason other tenants or Landlord in its management of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises so as to reasonably prevent sounds any activity, or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or injure any act or unreasonably annoy themomission by Tenant, or (b) use its agents, employees, representatives, or allow contractors, such statement or threat shall be conclusive evidence that the Premises increase in such rate is due to be used for immoral such act of Tenant or unlawful purposes, nor shall Tenant knowingly cause, maintain the contents or permit any nuisance or waste in, on equipment in or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contraryand, as a result thereof, Tenant shall be responsible liable for all liabilities, costs such increase and expenses arising out of or in connection shall be considered Additional Rent payable with the compliance next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into and within the Building (but not within the Premisesany dangerous, except as specifically described in this sentence) and the Project’s parking lotsnoxious, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.
Appears in 1 contract
Use. 10.1. Section 21.1 The Tenant shall use the Premises and the Personal Property solely for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation production of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five Joint Venture Products (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed as defined in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500Contribution Agreement) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance conduct of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Business and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAno other purpose. The provisions of this Section 10.10 21.1 shall survive not prohibit any new uses which become part of the expiration Business, provided that the same: (a) are of the same nature as the current uses of the Demised Premises and the Personal Property; (b) are permitted under the certificate of occupancy (or earlier termination the certificate of this Leaseoccupancy is amended to permit such use); and (c) are approved by the Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall not use, treat, or dispose of any Hazardous Substances (as defined in the Contribution Agreement) in connection with the use of the Premises for the production of Joint Venture Products without first obtaining the prior consent of the Landlord, which consent shall not be unreasonably withheld or delayed.
Section 21.2 Pursuant to the Contribution Agreement, the Landlord may have transferred to, or made available for use by, the Tenant, certain Governmental Authorizations (as defined in the Contribution Agreement) required for the use and occupancy of, and conduct of the Business at, the Demised Premises. The Tenant shall obtain (to the extent not transferred or made available to the Tenant as provided above) and thereafter shall maintain in full force and effect, any permit, approval or license which is required by any governmental or nongovernmental agency or insurance regulatory body for the operation and maintenance of the Demised Premises and the use thereof in connection with the Business (including, without limitation, the Governmental Authorizations transferred to or made available to the Tenant pursuant to the Contribution Agreement), and shall promptly furnish the Landlord with a copy of same. The Tenant shall not use or allow the Premises or any part thereof to be used or occupied for any unlawful purpose.
Section 21.3 In furtherance and not in limitation of the foregoing, the Tenant’s use of the Premises and the Personal Property shall at all times be subject to the Landlord’s reasonable health, safety and operating regulations and guidelines from time to time which are applicable to the Premises, the Personal Property and/or the Tenant’s use thereof, to the extent the same have been furnished to the Tenant by the Landlord.
Appears in 1 contract
Sources: Lease Agreement (Accuride Corp)
Use. 10.1. (a) Tenant shall continuously occupy and use the Premises only for the purpose set Permitted Use. BMC Software (whether or not it is then the Landlord) shall have the right from time to time to issue notices (each a “BMC Competition Notice”) to tenants and/or owners of the Project setting forth in Section 2.12good faith a description of its and its Affiliates business and/or the identity of Competitors. Exhibit L is the first BMC Competition Notice. At the request of BMC Software from time to time, and Tenant shall not use the Premises, or permit or suffer the Premises within fifteen (15) days provide a description of its then existing business to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold BMC Software such that it can determine if Tenant is in its sole and absolute discretion.
10.2compliance with this Lease. Tenant may in writing request BMC Software to provide a BMC Competition Notice. For clarification, neither Landlord nor BMC Software shall not use or occupy contend that Tenant is in breach of the Premises Lease for engaging in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any a general office use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any competitive with BMC Software if Tenant can demonstrate that its use of the above, Premises was not identified to Tenant in a BMC Competition Notice or BMC Software can demonstrate that in Landlord’s reasonable opinion violates any of such use was otherwise known to Tenant prior to Tenant commencing to use the above. Premises for such Competitive Use.
(b) Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallall Laws relating to the use, by reason of the nature of Tenant’s use or condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, impose any duty upon Tenant or as between Landlord and Tenant, with respect to compliance of the Premises with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Projectarchitectural barriers, and shall comply with all rules, ordersregulations, regulations and requirements guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”), Landlord covenants that any bathrooms, water fountains, and elevator lobbies that may be part of the insurers of Premises as delivered to Tenant comply with the Building and the Project, Disabilities Acts and Tenant shall promptlycause the entire Premises (including, upon demandto the extent included in the Premises, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure the bathrooms, water fountains and elevator lobbies) to comply with the provisions Disabilities Acts thereafter. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of this Section.
10.4insurance on the Buildings or its contents, or for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). Tenant shall keep all doors opening onto public corridors closednot, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, which may be withheld in Landlord’s sole and such equipment shall be placed in a location designed to carry the weight absolute discretion, use any substantial portion of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in excess of up to one floor of rentable square feet for a “call center,” any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Projecttelemarketing use, or injure or unreasonably annoy themany credit processing use. If, because of a Tenant Party’s acts, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall because Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about abandons the Premises, the Building rate of insurance on the Buildings or their contents increases, then Tenant shall pay to Landlord the amount of such increase within fifteen (15) days after demand by Landlord, and acceptance of such payment shall not waive any of Landlord’s other rights. If, because of a Tenant Party’s acts, Landlord’s insurance carrier notifies Landlord that it intends to cancel Landlord’s insurance and if Tenant fails to cease or remediate such acts within the time period necessary to prevent the cancellation of such insurance, then such acts shall be an Event of Default. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants, Landlord or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or property manager in connection with the compliance its management of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseBuildings.
Appears in 1 contract
Sources: Lease Agreement (Omega Protein Corp)
Use. 10.1The Premises shall be used only for normal manufacturing and assembly with related office and warehouse use and for such other lawful and permitted purposes as may be incidental thereto, and in compliance with applicable city and local codes and the Rules of the Premises attached hereto as Exhibit “C”. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for such use, shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy at all times maintain the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildinga clean, healthful and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall safe condition and comply with all governmental laws, codes, ordinances, regulations or any direction of any Governmental Authority having jurisdiction that shallother applicable authorities with regard to the use, by reason of the nature of Tenant’s use condition or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fireincluding, environmentalwithout limitation, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Ground Lease and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with regulations issued under the provisions of this Section.
10.4the Texas Architectural Barriers Act, TX Govt. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5Code Chap. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense469, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, 12101 et seq. (together Tenant shall be responsible, at Tenant’s sole expense, for the correction, prevention and abatement of nuisances in or upon, or connected with the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations, or pest infestations to emanate from the Premises, nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building or Project of which the Premises are a part. Landlord covenants and warrants to Tenant that the Premises shall, as of the Commencement Date be in compliance with all applicable governmental laws, codes, ordinances, regulations promulgated pursuant theretoor any other applicable authorities with regard to the condition of the Premises and its use and occupancy for general office and warehouse uses, including, without limitation, all requirements of the “ADA”)Ground Lease and regulations issued under the provisions of the Texas Architectural Barriers Act, TX Govt. Code Chap. 469, and Tenant shall indemnifythe Americans with Disabilities Act, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA42 U.S.C. 12101 et seq. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of Tenant agree that the Premises as of and/or the date of this LeaseProject may not comply in all respects with current codes, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADAordinances or regulations, and Landlord shall indemnifynot be required Initials: /s/ KS /s/ RL to comply with such current codes, defend ordinances or regulations if (i) compliance is waived or otherwise not required by the provisions thereof or (ii) the Premises and/or the Project is considered grandfathered or non-conforming but permissible under any such code or regulation. 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 which would render the property or liability insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant and hold harmless its employees, agents, customers, invitees, and/or licensees shall have the use of sixty (60) parking spaces in the parking area located in front of the Premises. Landlord reserves the right, in its reasonable discretion, to determine whether such parking facilities are becoming crowded, and in such event, to allocate parking spaces among Tenant from and other tenants in the Project. In the event Landlord elects to allocate parking spaces, Landlord shall allocate no fewer than sixty (60) spaces to Tenant. Landlord shall not be responsible for enforcing Tenant’s parking rights against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasethird parties.
Appears in 1 contract
Use. 10.15.1 The Premises are to be used and occupied by Tenant solely for restaurant, cocktail lounge, nightclub and related necessary administrative offices and for no other use or purpose without the prior written consent of Landlord. Tenant shall use agrees that it has determined to its satisfaction that the Premises can be used for the purpose set forth in Section 2.12these purposes, and shall not use waives any right to terminate this Lease in the Premises, or permit or suffer event the Premises to cannot be used, used for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionsuch purposes during the Lease Term.
10.2. 5.2 Tenant shall not use do, bring, or occupy keep anything in or about the Premises in violation of Applicable Laws; zoning ordinances; or the certificate Project that will increase the existing rate of occupancy issued for insurance on the BuildingProject or any part thereof, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the aboveits contents, or that in Landlord’s reasonable opinion violates will cause the cancellation of any insurance covering the Project, or any part thereof, or any of its contents. If the above. rate of any insurance carried by Landlord is increased as a result of Tenant's use, Tenant shall comply with any direction pay to Landlord within ten (10) days before the date Landlord is obligated pay a premium on the insurance, or within ten (10) days after Landlord delivers to Tenant a statement from Landlord's insurance carrier stating that the rate increase was caused solely by an activity of any Governmental Authority having jurisdiction that shallTenant on the Premises as permitted in this Lease, by reason of the nature of Tenant’s use or occupancy of the Premiseswhichever date is later, impose any duty upon Tenant or Landlord with respect a sum equal to the Premises or with respect to difference between the use or occupation thereoforiginal premium and the increased premium.
10.3. 5.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors its agents, employees, invitees or windows by Tenant, nor shall any changes be made visitors to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place do anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure or unreasonably annoy or disturb them, ; or (b) use or allow the Premises or the Project to be used for immoral any unlawful or unlawful purposes, nor disreputable purpose.
5.4 Tenant shall Tenant knowingly cause, maintain not commit or permit suffer to be committed any nuisance waste in or waste in, on or about upon the Premises, the Building Premises or the Project.
10.105.5 Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises or any part of the Premises visible from the exterior of the Premises any signs, symbols, drapes or other materials without the prior written consent of Landlord.
5.6 Tenant shall use its best efforts to operate its business on the Premises in a manner that will produce the maximum dollar volume of Gross Sales. Notwithstanding any other provision herein Tenant shall continuously use and operate the Premises for the uses and purposes specified in Section 4.
1. Tenant shall keep the Premises open for business and cause Tenant's business to be conducted on the Premises during normal operating hours for similar dining establishments in the Portland Central Business District, but in no case less than twelve (12) hours Monday through Friday, and eight (8) hours Saturday and Sunday, subject to the contraryfollowing:
5.6.1 If the Premises are damaged or destroyed or partially taken by condemnation, and this Lease shall remain in full force and effect, Tenant shall continue the operation of its business at the Premises to the extent reasonably practical during any period of repair.
5.6.2 If the Premises should be closed and the business of Tenant temporarily discontinued because of strikes, walkouts, or similar cause beyond Tenant's control, Tenant shall be responsible for all liabilities, costs and expenses arising out temporarily relieved of or in connection with the compliance of its obligation to keep the Premises with open for and to conduct business on the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. Premises during the hours and days specified above; provided that if Tenant's business on the Premises shall be discontinued for a period of sixty (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements60) arising out consecutive days by reason of any failure such cause beyond Tenant's control, then Landlord may, at its option, terminate this Lease by written notice to Tenant. Such notice shall be effective on receipt thereof by Tenant; all Rent owed up to the time of effective date of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord notice shall be responsible for all liabilities, costs paid by Tenant and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises this Lease shall terminate as of the effective date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnotice. The provisions parties agree that lack of this Section 10.10 shall survive the expiration or earlier termination of this Leasefinancial resources is not a cause beyond Tenant's control.
Appears in 1 contract
Sources: Retail Lease Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Use. 10.1Tenants shall not run any businesses or perform commercial or agricultural activities on the premises. Tenant Tenants shall use not host any parties or gathering at the Premises for (defined as 10 people or more) that disturb the purpose set forth in Section 2.12, peace and quiet of neighbors. Tenants shall not use have kegs of beer or illegal substances on the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2property. Tenant shall not use or occupy smoke any substance inside the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the abovepremises. Tenant shall comply with any direction refrain from excessive noise at all times. Consumption of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy alcohol is not permitted outside of the Premises, impose any duty upon Tenant . No signs or Landlord with respect notices are to be placed in windows or on the Premises or with respect to the use or occupation thereof.
10.3building grounds. Tenant is responsible for, shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Projectliable for, and shall comply with all rules, orders, regulations indemnify and requirements defend the Landlord and owners of the insurers Premise against any claim arising from Tenant’s own actions, as well as the actions of its invitees or guests while on the Premises. Any illegal activities such as providing a place for minors to consume alcohol shall be grounds for termination of the Building Lease. Tenants shall not allow any persons to be on the roofs of any structure on the premises or on the fire escapes. Fire escapes are for emergency use only. Tenants shall not have any items outdoors around the property other than items designed and sold as lawn or patio furniture. Tenants shall not store items in the Projectbasements or attics, and Tenant shall promptly, upon demand, reimburse Landlord or use these spaces for any additional premium charged reason. Tenant Initials: ____________________ Utilities & Services Provided by the Landlord. Utilities shall be paid by the parties as follows: Paid by Landlord Paid by Tenant DESCRIPTION Electricity ____ __ Up to $ for such policy the term of the lease. Heating Fuel ____ _____ Up to $ for the term of the lease Sewer / Water __X_ ______ Up to $ 500.00 for the term of the lease Hot Water ____ _____ ______________________________________ Plow & Mow __X_ __ ___ Tenant responsible for walkways, stairs, egress Cable/Internet ____ __X___ No Dish Satelites on the property. Tenants agree and are required to keep the temperature between 65 and 72 degrees and keep the windows closed between November 1st and April 1st. Landlord may enter the Premises immediately and without notice to close windows left open during this time. Tenants agree to keep items 8” away from heat sources – baseboard, air vents, etc. Tenant is liable for any damage caused by reason of Tenant’s failure to comply with maintain proper temperature and utility service to the provisions of this Section.
10.4Premises. Tenant shall keep all doors opening onto public corridors closedTenants may not change the shower heads as energy efficient ones have been installed. If paying electricity, except when in use for ingress Tenants must call Emera Maine Electric Company at ▇▇▇-▇▇▇-▇▇▇▇ and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively account set up for the display of move in date. Tenants must keep the name and location of tenants only. Tenant shall not place anything electricity turned on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringat all times during their lease.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Residential Lease
Use. 10.1. 10.1 Tenant shall may use the Premises for any of those purposes, and only those purposes, allowed by (i) City of San Jose ▇▇▇ing ordinances in effect from time to time and as applicable to the purpose set forth in Section 2.12Premises, (ii) any other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Real Property, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord. Landlord warrants that, as of the Term Commencement Date, Tenant's intended use of the Premises for manufacture, assembly, distribution and sales of Tenant's products, and for office and other activities related thereto, are permitted uses under applicable zoning ordinances, and, to the best of Landlord's knowledge, under other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises. Landlord represents and warrants that there are no covenants, conditions and restrictions on the Real Property which consent will interfere with Tenant's intended use of the Premises. Landlord may withhold in its sole and absolute discretionacknowledges that Tenant intends to install numerous antennas on the roof of the Building.
10.210.2 Tenant shall use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any law or regulation, or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or the certificate of the above, or that in Landlord’s reasonable opinion violates any of the above. occupancy.
10.3 Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of , including any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary duty to make such change.
10.6. No awnings structural or other projections shall be attached to any outside wall of the Building. No curtainscapital improvements, blindsalterations, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.repairs
Appears in 1 contract
Use. 10.1. Tenant The Premises shall use the Premises be used solely for the purpose Permitted Use set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the basic lease provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination on page 1 of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere compliance with the rights of other tenants site development permit applicable to the Project and all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises hereafter applicable to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein and to the contraryuse and occupancy thereof, Tenant shall be responsible for all liabilitiesincluding, costs and expenses arising out of or in connection with the compliance of the Premises with without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, the “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to continue the use in question while the matter is being contested. Tenant shall indemnifynot permit any part of the Premises to be used as a “place of public accommodation”, defend as defined in the ADA or any similar legal requirement. Tenant will use the Premises in a careful, safe and hold harmless Landlord from proper manner and against will not commit or permit waste, overload the floor or structure of the Premises, conduct any lossauction, costliquidation, liability or expense (including reasonable attorneys’ fees and disbursements) arising going out of business sale on the Premises, or use the Premises for any failure unlawful purpose. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of such improvements to comply with the ADALandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing743522686.11 Net Laboratory 10102 ▇▇▇▇ ▇▇▇▇/Arrowhead - Page 9 Landlord, Landlord at its sole expense, shall be responsible responsible, subject to the terms of the Work Letter, (i) for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of Building Shell with Legal Requirements (including the Premises ADA) as of the date of this LeaseSubstantial Completion of Landlord’s Work, and (ii) for the “path compliance of travel” into the balance of Landlord’s Work with Legal Requirements (including the ADA) as of the date the applicable portion of Landlord’s Work is substantially completed. Following the date of Substantial Completion of Landlord’s Work, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and within at Tenant’s expense (to the Building (but not within extent such Legal Requirement is triggered by reason of Tenant’s particular use of the Premises, except Tenant’s Work and/or Tenant’s Alterations) make any alterations or modifications to the exterior portions of the Project that are required by Legal Requirements. Except as specifically described provided in this sentence) and the Project’s parking lots2 immediately preceding sentences, walkways and landscaping areas Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, Tenant’s Work and/or Tenant’s Alterations. Tenant acknowledges that Landlord, at its sole expense, may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant, without expense to Tenant, agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith; provided, however, the Target Commencement Date, shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make not be extended in connection with such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasecertification.
Appears in 1 contract
Use. 10.1a) The Premises shall be used and occupied by Tenant solely for general business office use including, but not limited to, Tenant's business as a LONG DISTANCE PROVIDER and all lawful matters thereto. Tenant shall agrees not to use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises for any purpose which is illegal, or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Property.
b) Tenant represents and warrants that is declared or claimed Tenant will keep the Premises free from contamination by any Governmental Authority having jurisdiction Hazardous Materials and that the Premises and the activities to be a conducted thereon will not pose any hazard to human health or violate any applicable current federal, state, or local laws, ordinances, rules, codes, or regulations pertaining to Hazardous Materials or industrial hygiene or environmental conditions (collectively referred to herein as "Environmental Laws"). Tenant at its sole cost and expense shall conform to all existing and any future changes in the Environmental Laws, whether foreseen or unforeseen, and will take all direct and indirect actions required in order to keep its Premises or any activities conducted on the Premises free from any violation of any of the above, current or that in Landlord’s reasonable opinion violates any of the abovefuture applicable Environmental Laws. Tenant shall comply with agrees to indemnify, defend and hold Landlord (and Landlord's partners, affiliates, directors, officers, shareholders, employees, mortgagees, heirs successors and assigns, as applicable) harmless from and against any direction and all claims, losses, damages (including, without limitation, unforeseeable consequential and incidental damages), fines or penalties resulting from the violation of any Governmental Authority having jurisdiction that shallBS WM -------- -------- Atrium at Clearwater/Prog▇▇▇▇▇▇▇.▇▇▇▇▇. ▇▇cember 5, 1997 Tenant Landlord Environmental Laws applicable to the Building and/or the Premises which have been caused by reason or necessitated by the acts of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or and/or its agents. All sums paid and costs incurred by Landlord with respect to the Premises or with respect foregoing matters shall be payable by Tenant to Landlord as additional rent due on demand.
c) Landlord hereby represents and warrants to Tenant that to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost best of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises 's knowledge as of the date of this Lease, no hazardous material has been leaked, spilled, discharged or incorporated into the “path Premises or the Building. Landlord shall notify Tenant immediately if Landlord should discover any hazardous materials or violations of travel” into and within the Building (but not within any laws or regulations regarding hazardous materials. Landlord will, at Landlord's sole expense, take all action necessary to remove or abat▇ ▇▇▇ hazardous materials should they be found on or in the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Progressive Telecommunications Corp)
Use. 10.1. Tenant shall use the Premises for only the purpose set forth following use and purpose: general office use. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in Section 2.12, the form of Exhibit C attached hereto and shall not made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or and occupy the Premises in violation of Applicable Laws; zoning ordinances; a safe and careful manner, without committing or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Projectpermitting waste, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, conform to and shall be obey all laws, ordinances, rules, regulations and orders of a size, color any governmental bodies having jurisdiction over the Premises applicable to the use and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display occupancy of the name Premises and location of tenants only. Tenant shall not place anything any repairs or work performed on the exterior Premises by Tenant or at the request of the corridor walls or corridor doors other than LandlordTenant. If Tenant’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in activities on the Premises so as produce gases, vapors, odors, smoke or residuary material disturbing to reasonably prevent sounds Landlord or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the Building disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the Projectcost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or injure burn or unreasonably annoy themplace garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (b10) use or allow days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used for immoral in any way which may be a nuisance, annoyance or unlawful purposes, nor shall Tenant knowingly cause, maintain inconvenience or permit any nuisance which may result in damage to Landlord or waste in, on or about the Premises, the Building or the Projectother tenants of Landlord’s Property.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12general office purposes and purposes incident thereto, and all other lawful non-retail uses compatible with a first-class headquarters office building, and shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consentconsent of Landlord (except that retail uses may be made of the ground floor by Carnation Company with respect to its business operations and products). In addition, which consent Landlord retail uses may withhold be made of the ground floor by an assignee or sublessees of Tenant provided such uses are consistent with ground floor uses permitted by other first-class institutional quality prestige office buildings in its sole and absolute discretion.
10.2the Glendale-Pasadena area. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; any recorded covenants, conditions and restrictions affecting the Site or of any law or of the certificate Certificate of occupancy Occupancy, or TCO or its equivalent, issued for the BuildingBuilding of which the Premises are a part, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of the aboveany law or of said Certificate of Occupancy, or that TCO or its equivalent. Tenant shall not interfere with radio or television broadcasting or reception from or in Landlord’s reasonable opinion violates any of the aboveBuilding or elsewhere. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, promptly within ten (10) days after demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closedSection 8, except when in or if Tenant’s use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of does not invalidate, but instead increases the doors or windows by Tenantcost of, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostinsurance, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by for such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyincreased cost. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral any improper, immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, . Tenant shall not commit or suffer to be committed any waste in or upon the Premises 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 (“Excess Load”) specified for the Building by Landlord’s architect or engineer, with the Project.
10.10partitions to be considered a part of the live load. Notwithstanding 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 provision herein space in the Building shall be so installed, maintained and used by Tenant as to the contrary, eliminate such vibration or noise. Tenant shall be responsible for the cost of all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements structural engineering required to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasedetermine Excess Load.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Exterior Signage shall have conform to the right to install a sign with its name criteria and corporate logo design set forth in Exhibit K attached hereto and shall only be permitted on one glass Signage panel at the exterior of the Building, the size, appearance and characteristics of Premises entry (which glass panel shall be installed by Landlord at Landlord’s sole cost and expense). For any Signage, Tenant shall, at Tenant’s own cost and expense (subject to Landlord’s prior written consentobligations with respect to the glass Signage panel as described in the immediately preceding grammatical sentence), (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises during the Term with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Infinity Oil & Gas Co)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingPremises, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of any Alterations to the Premises) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof.
12.6. No additional exterior locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing exterior locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.7. No awnings or other projections shall be attached to any outside wall of the BuildingPremises. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.8. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or Premises, including the Building exterior of the Building, without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall not be subject unreasonably withheld. Signage shall conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet tablet, if any, shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.9. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
12.10. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.11. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Premises or the ProjectProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.12. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Landlord Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
12.13. Notwithstanding any other provision herein to the foregoingcontrary, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements Common Areas of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas Project with the ADA, and Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold Tenant and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Tenant Lender” and, collectively with Tenant and its affiliates, employees, agents and contractors, the “Tenant Indemnitees”) harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of Landlord to make such aspects the Common Areas of the Project to comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bionovo Inc)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. During the Term, Tenant shall, subject to Force Majeure, casualty and all of the other terms, conditions and provisions of this Lease, have access to the Premises twenty-four (24) hours per day, seven (7) days per week.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except for the door from the entry lobby into the main office area (so long as such doors are kept open in compliance with all Applicable Laws (including, without limitation, fire codes)), and otherwise when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. Notwithstanding the foregoing, Tenant may, at Tenant’s sole costs and expense as an Alteration (as defined below), install its own security system in the Premises (the “Tenant Security System”); provided, however, that (a) Tenant’s installation of the Tenant Security System shall be subject to all of the terms, conditions and provisions of this Lease governing Alterations (including, without limitation, Article 17), and (b) Tenant shall coordinate the installation and operation of the Tenant Security System with Landlord to assure that the Tenant Security System (i) does not prevent any Building security system from accommodating multiple tenants and (ii) does not interfere with (x) any Landlord security system in place as of the Execution Date (for which security system Landlord makes no warranties of any kind whatsoever), or (y) the Building’s systems and equipment. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for monitoring and operating the Tenant Security System. Landlord may require Tenant, at Tenant’s sole cost and expense, to remove the Tenant Security System and restore the Building to its condition prior to the installation of the Tenant Security System upon the expiration or earlier termination of this Lease.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.7.1 Subject to the terms, conditions and provisions of this Subsection 12.7.1, Tenant shall be entitled to install, at its sole cost and expense, one (1) building top sign on the side of the Building facing Bayshore Boulevard (the “Building Top Sign”). The graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the Building Top Sign (collectively, the “Signage Specifications”) shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. In addition, the Building Top Sign and all Signage Specifications shall be subject to Tenant’s receipt of all required governmental permits and approvals, and shall be subject to any CC&Rs (as defined below). In the event Tenant does not receive the necessary permits and approvals for the Building Top Sign, Tenant’s and Landlord’s rights and obligations under the remaining provisions of this Lease shall not be affected. All costs associated with Tenant’s Signage (including the Building Top Sign) including, without limitation, costs of installation, design, construction, permits, maintenance and repair, shall be the sole responsibility of Tenant. Should Tenant’s Signage (including the Building Top Sign) require maintenance or repairs as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant’s sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the period described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant, as Additional Rent, for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, cause the Building Top Sign to be removed from the Building and shall cause the exterior of the Building to be restored to the condition existing prior to the placement of the Building Top Sign. If Tenant fails to remove the Building Top Sign and to restore the exterior of the Building as provided in the immediately preceding sentence within thirty (30) days following the expiration or earlier termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant’s receipt of invoice therefore. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Should the name of the original Tenant change, then the Building Top Sign may be modified at Tenant’s sole cost and expense to reflect the new name, but only if the new name does not (i) relate to an entity that is of a character, reputation, or associated with a political orientation or faction, that is inconsistent with the quality of the Building or would otherwise reasonably offend an institutional landlord of a project comparable to the Building, taking into consideration the level and visibility of the Building Top Sign or (ii) cause Landlord to be in default under any lease or license with another tenant of the Project.
12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). For the foregoingavoidance of doubt, Landlord “Lenders” shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. In the event that the initial construction of the Tenant Improvements triggers a requirement for legal compliance work to be completed in the Common Area, Landlord shall, at Landlord’s sole cost and expense, cause such work to be completed.
12.13. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times.
Appears in 1 contract
Sources: Lease (Unity Biotechnology, Inc.)
Use. 10.1Landlord hereby grants permission to Tenant to occupy the Leasehold Premises for the sole purpose of operating its Center, commonly known as “Florida House” including the installation, construction, operation and maintenance of a model house, together with attendant landscaping and walkways, which will incorporate sustainability features and practices such as water and energy conservation, solar power and hurricane protection and other environmentally sound construction techniques and practices. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect relocate an existing structure to the Leasehold Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed construct a new model house on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Leasehold Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost discretion and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for and shall bear the cost of all liabilitiesrelocation fees, costs architect/engineering fees, building permits, inspection and expenses arising out of related governmental fees. Tenant shall submit all plans and specifications for the relocation or in connection with the compliance construction of the Premises with model home to Landlord for approval prior to commencing any construction or relocation activity. Landlord shall not unreasonably withhold approval thereof. The completed model house will be used by Tenant solely as the Americans with Disabilities ActCenter to demonstrate to the community available sustainability practices such as: energy efficient, 42 U.S.C. § 12101water conservation, et seqand environmentally sound products and procedures which can be incorporated into new or existing homes. (together with regulations promulgated pursuant theretoTo promote acceptance by the community of the conservation features being displayed, and the concept of conservation in general, the “ADA”)model house will be staffed by Tenant, or sub-lessee referenced in Section 15, on a regular basis to provide demonstrations of the products and features and information on where they can be obtained. The model house will be constructed in such a manner that it can be removed from the Leasehold Premises without damage to the model house or the Leasehold Premises. At no time shall the model house be considered as part of the Leasehold Premises, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out hereafter be deemed the personal property of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseTenant.
Appears in 1 contract
Sources: Lease Agreement
Use. 10.1. 10.1 Tenant shall use the Premises for the purpose set forth in Section 2.12, 2.1.6 (the "Permitted Use") and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord which may be withheld in Landlord's sold discretion. Notwithstanding anything to the contrary set forth in this Section 10 or in Section 2.1.6, Tenant agrees that at no time during the Term shall it alter or modify the Premises in such a manner so as to convert laboratory space into office space, nor shall Tenant permit any laboratory space to be used as office space, other than the "Wet lab" areas which consent Landlord may withhold in its sole and absolute discretionbe used by Tenant for office space without such space being converted into office space as a result of Tenant performing any alterations thereto.
10.2. 10.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or the certificate of occupancy issued for the Building, and shall, upon five three (53) days’ ' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction over the Premises to be a violation of any law, regulation or zoning ordinance or of the abovesuch certificate of occupancy, or that which in Landlord’s reasonable the opinion of Landlord violates any law, regulation or zoning ordinance or the certificate of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation occupancy thereof.
10.3. 10.3 Tenant shall not do or permit suffer to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Premises and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises and/or the Building and the Project, and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionSection 10.3.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 10.4 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord. Tenant shallmust, upon termination of this Lease, return to Landlord all keys to offices and restrooms the Premises or any part thereof, either furnished to to, or otherwise procured by Tenant. In the event If any key so furnished to Tenant or procured is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 10.5 No awnings or other projections projection shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened Building without Landlord’s prior written 's consent, nor which shall any bottles, parcels not be unreasonably withheld or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentdelayed.
10.7. 10.6 No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on or within any part of the Premises or without the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of Landlord which shall not be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted unreasonably withheld or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringdelayed.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. 10.7 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses expense arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § Section 12101, et seq. (together with regulations promulgated pursuant thereto, the “"ADA”), ") and Tenant shall indemnify, hereby indemnities and agrees to defend and hold Landlord harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ attorneys fees and disbursements) arising out of any failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. 10.15.1. Tenant SUBLESSEE shall occupy and use the Premises DEMISED PREMISES for the purpose set forth in Section 2.12manufacture of printed circuit boards, including manufacturing and services related thereto, and shall not use the Premises, or permit or suffer the Premises to be used, DEMISED PREMISES for any other purpose without Landlord’s prior written consentpurpose. SUBLESSEE shall, which consent Landlord may withhold at its cost and sole expense, promptly comply with all applicable laws, ordinances, rules, regulations, orders, certificates of occupancy, conditional use or other permits, variances, covenants and restrictions of record, and requirements of any fire insurance underwriters, rating bureaus or government agencies relating in any manner to the DEMISED PREMISES and the occupation and use by SUBLESSEE thereof. SUBLESSEE shall conduct its sole business in and absolute discretion.
10.2. Tenant use the DEMISED PREMISES in a lawful manner and shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises DEMISED PREMISES or the common areas in any manner that will tend to create waste or a nuisance or shall tend to disturb other occupants of the Timber Business Park.
5.2. SUBLESSEE accepts the DEMISED PREMISES on an "as is" basis and hereby warrants and represents that it is declared or claimed by any Governmental Authority having jurisdiction fully familiar with the physical condition of the DEMISED PREMISES, and finds it to be a violation satisfactory. The parties agree that SUBLESSOR has made no representations of any of the above, or that kind in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord connection with respect to the Premises or with respect to condition of the use or occupation thereof.
10.3. Tenant DEMISED PREMISES and that SUBLESSOR shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord liable for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks latent or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to patent defects existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAtherein. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out SUBLESSOR has no knowledge of or in connection with the compliance any patent defect(s) that would prevent SUBLESSEE use of the existing structural portions and tenant improvements DEMISED PREMISES; to the best of its knowledge, SUBLESSOR'S prior use of the Premises as DEMISED PREMISES was in full compliance with all governmental building permits and requirements.
5.3. SUBLESSEE shall have access to the DEMISED PREMISES and the Building seven (7) days a week, twenty-four (24 hours a day, subject to the reasonable rules and regulations imposed by SUBLESSOR or the OVERLANDLORD.
5.4. SUBLESSEE acknowledges and agrees that SUBLESSOR has no obligation to provide guard service or other security measures for the benefit of the date DEMISED PREMISES or Timber Business Park, and SUBLESSOR shall have no liability to SUBLESSEE, or its employees, agents, or invitees due to its failures to provide such services, SUBLESSEE assumes all responsibility for the protection of this LeaseSUBLESSEE, the “path of travel” into its agents, employees, contractors and within the Building (but not within the Premises, except as specifically described in this sentence) invitees and the Project’s parking lotsproperty of SUBLESSEE and of SUBLESSEE'S agents, walkways employees, contractors and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant invitees from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out acts of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasethird parties.
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Except as otherwise provided herein, Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No Except as otherwise provided in Article 44, no sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Project Common Areas or other offices in the Project (and, during any period when Tenant is not the sole tenant in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentBuilding Common Areas).
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
12.11. Landlord shall be responsible for (i) curing any violations of ADA existing at the Premises as of the Term Commencement Date with respect to which Tenant delivers a Delivery Condition Notice within the Delivery Condition Period, as set forth in Section 5, and (ii) curing any violations of ADA in the Project Common Areas (and, during any period when Tenant is not the sole tenant in the Building, the Building Common Areas) at any time during the Term of this Lease or the Project.
10.10any extensions hereof. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, ADA relating to any Alterations or other modifications of the “ADA”)Premises or actions of Tenant following the Term Commencement Date, and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors (collectively, the “Landlord Indemnitees”) harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADAADA as a result of any Alterations or other modifications by Tenant to the Premises or actions of Tenant following the Term Commencement Date. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, save, defend and hold harmless Tenant from and Tenant Indemnities against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project Common Areas (and, during any period when Tenant is not the sole tenant in the Building, the Building Common Areas) to comply with the ADAADA throughout the Term. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Inovio Pharmaceuticals, Inc.)
Use. 10.1. 10.1 Tenant shall use the Premises for the purpose set forth in Section 2.12, 2.1.9 and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord, which consent Landlord may withhold in its sole and absolute discretionshall not be unreasonably withheld, conditioned or delayed.
10.2. 10.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; law or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or of the above, or that in Landlord’s reasonable opinion violates any said certificate of the aboveoccupancy. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's particular use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Project and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section.
10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 10.5 No awnings or other projections projection shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by 10.6 Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to may install at its expense a Project-standard sign with its name and corporate logo on the exterior of the Building, Building next to the size, appearance and characteristics of which shall be subject entrance to Landlord’s prior written consentthe Premises. Interior Any current signs on doors and the directory tablet shall be inscribed, painted or affixed for previously installed by Tenant by are acceptable to Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable permitted to Landlord. The directory tablet shall be provided exclusively for remain through the display Term of the name and location of tenants only. Lease.
10.7 Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that which shall in any way obstruct or materially interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Genetronics Biomedical LTD)
Use. 10.1. 10.1 Tenant shall may use the Premises for any of those purposes, and only those purposes, allowed by (i) the purpose set forth City of San Diego Scientific Research Zone Ordinance in effect from time to time and as applicable to the Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions in the Project Documents (defined in the following Section 2.1210.2) or otherwise recorded against the Land, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld. Landlord acknowledges that Tenant’s activities may withhold include scientific research and development pertaining to pharmaceuticals (including radio-active materials and other regulated substances), corporate and other office space, ancillary manufacturing capabilities, and a vivarium, subject to the terms, conditions and restrictions set forth in its sole Article 33. Tenant may change the use of the Premises from time to time as long as such changed use is authorized by this Section 10.1, such use is legally permissible, and absolute discretionTenant first obtains the written consent of Landlord, which consent shall not be unreasonably withheld.
10.210.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, regulations, requirements, permits and approvals applicable to the Premises, and the Project Documents described below. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning any law or regulation. Tenant shall immediately deliver to Landlord copies of all written notices pertaining to any alleged violation of federal, state or local laws, regulations, ordinances; , requirements, permits, approvals or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a alleged violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveProject Documents. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ProjectThis Lease, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and any sublease or assignment entered into by Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with under the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closedLease, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon subject and subordinate to any of the doors Project Documents affecting the Property which may be amended or windows by Tenant, nor shall any changes be made modified from time to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed time in a location designed to carry manner consistent with the weight terms and intent of such equipmentProject Documents.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. 10.1. Tenant Lessee shall use the Premises solely for the purpose uses set forth in Section 2.12, the Basic Lease Information on page I and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s obtaining the prior written consentconsent of Lessor. Lessee acknowledges that the Premises are subject to those certain covenants, conditions, and restrictions recorded at Page 281, of Book F826, of the Official Records of Santa ▇▇▇▇▇ County, State of California, on January 2, 1981 (the CC&R's), a summary of which consent Landlord may withhold in is attached hereto as Exhibit D (the "Summary") and note a part hereof. A copy of the CC&R's are available at Lessor's offices for review by Lessee during regular business hours. Lessee further acknowledges that it has read the Summary and knows the contents thereof Throughout the term of this Lease and any extensions thereof, Lessee shall faithfully and timely perform and comply with the CC&R'S and any modification or amendments thereof Lessee shall hold Lessor harmless and indemnify Lessor against any loss, expense, damage, attorney's fees, and cost or liability arising out of the failure of Lessee to so perform or comply with CC&R'S. In no event will Lessee use, introduce to the Premises, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Premises or transport to or from the Premises any Hazardous Material (as defined below) or allow its sole and absolute discretion.
10.2employees, agents, contractors, invitees or any other person or entity to do so. Tenant Lessee Warrants that it shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue make any use of the Premises which may cause contamination of the soil, the subsoil or ground water. Lessee shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Lessor is declared increased as a result of Lessee's use, Lessee shall pay to Lessor within thirty (30) days before the date Lessor is obligated to pay a premium on the insurance, or claimed within ten (10) days after Lessor delivers to Lessee a certified statement from Lessor's insurance carrier stating that the rate increase was caused solely by any Governmental Authority having jurisdiction an activity of Lessee on the Premises as permitted in this Lease, whichever date is later, a sum equal to the difference between the original premium and the increased premium. Lessee shall keep and maintain the Premises in compliance with, and shall not cause or permit the Premises to be a in violation of any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or the environmental condition on, under or about the Premises. Lessee shall give immediate written notice to Lessor of (i) any action, preceding or inquiry by any governmental authority or any third party with respect to the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction presence of any Governmental Authority having jurisdiction Hazardous Material on the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord occurs with respect to the Premises or with respect to Lessee's operations. Lessee shall indemnify and hold harmless Lessor, its directors, officers, employees, agents, successors and assigns (collectively "Lessor") from and against any and all claims arising from (i) Lessee's use of the use Premises for the conduct of its business or occupation thereof.
10.3. Tenant shall not do from any activity, work or permit other things done or suffered by the Lessee in or about the Buildings, (ii) breach or default in performance of any obligation on Lessee's part to be done anything that will invalidate performed under the terms of this Lease; or increase (iii) any act or negligence of the Lessee, or any officer, agent, employee, guest or invitee of Lessee. The indemnity should include all costs, fines, penalties, judgments, losses, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon including, without limitation, (a) all foreseeable consequential damages including without limitation loss of rental income and diminution in property value; and (b) the cost of any fireinvestigation, environmentalmonitoring, extended coverage removal, restoration, abatement, repair, cleanup, detoxification or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts ameliorative work of any kind shall be placed upon or nature required by any of the doors governmental agency having jurisdiction thereof or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentLessor. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 This indemnity shall survive the expiration or earlier termination of this Lease. In any action or proceeding brought against Lessor by reason of any such claim, upon notice from Lessor if Lessor does not elect to retain separate counsel, Lessee shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2shall not be unreasonably withheld. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4Article. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind Tenant shall install its own security systems including CCTV. Landlord’s security systems in the Building and Parking Garage shall be placed upon any of the doors or windows by compatible with Tenant, nor ’s security system and CCTV and Tenant’s airport operation center and airport police shall any changes be made allowed to existing locks or the mechanisms thereof without connect with/monitor Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices security system and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7CCTV. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that , which consent shall not be unreasonably withheld, conditioned or delayed. Signage shall conform to the criteria and design set forth in Exhibit K attached hereto. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition, the costs of which may be included in the TI Allowance. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentLease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than without Landlord’s standard lettering.
10.8approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord agrees that Tenant shall have the exclusive right to all top of Building signage/Building name rights and top of any monument signs. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. Landlord has been advised of Tenant’s specific needs for its network, airport operations and incident command centers and Landlord shall ensure the Building is designed to accommodate Tenant’s use and occupancy of such areas within the Premises. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent minimize sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9Project. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project.
10.10. Notwithstanding (d) take any other provision herein action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to the contrary, Tenant shall be responsible for all liabilities, costs conduct business in a professional and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seqsuitable work environment. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA▇▇▇▇▇▇▇▇ AGREES THAT FOREGOING PROVISIONS SHALL BE INCLUDED IN ALL LEASES FOR ANY PORTION OF THE BUILDING. Notwithstanding the foregoingprovisions of Section 12.9, Landlord acknowledges that Tenant is a public entity, will conduct board meetings at the Premises, and it is possible that public demonstrations may occur at the Project and such occurrences shall not be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date a violation of this Lease, the “path of travel” into . Tenant shall use all commercially reasonable efforts to provide additional security and within the Building (but not within the Premises, except crowd control measures required as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out a result of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasepublic demonstration.
Appears in 1 contract
Sources: Lease
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, compensate, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. Nothwithstanding anything to the contrary set forth in this Lease, Tenant shall not be responsible for compliance with Applicable Laws with respect to any work performed in the Premises or Building by or at the direction of anyone other than a Tenant Party.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which shall not be unreasonably withheld. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. Tenant shall be entitled to install and maintain, at its sole cost and expense, (a) one (1) exterior Building sign in the location shown on Exhibit L or such other location as mutually agreed upon by the parties, identifying Tenant, provided that (x) the Premises is equal to or greater than sixty percent (60%) of the Building, and (y) Tenant occupies equal to or greater than seventy-five percent (75%) of the Premises; and (b) an exterior sign located at the ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ entrance for the sole purpose of identifying Tenant’s Premises (collectively, the “Permitted Signage”). The Permitted Signage shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. No additional sign, advertisement or notice (collectively, with the Permitted Signage, “Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for actual costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors and to the directory tablet Premises shall be inscribed, painted or affixed for by Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord, and the directory tablet shall be inscribed or affixed for Tenant by Landlord at Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.standard
Appears in 1 contract
Sources: Lease (Intellia Therapeutics, Inc.)
Use. 10.1The Leased Premises shall be used and occupied by Tenant (and any of its permitted subtenants and assignees) solely for the engineering, design, storage, warehouse, manufacturing, assembly, distribution and sale of medical devices produced by Tenant or its affiliates and for all related and associated purposes. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Leased Premises to be used, for any other purpose uses without Landlord’s prior written consent, which consent Landlord may withhold be withheld in its Landlord’s sole and absolute discretion.
10.2. Notwithstanding anything contained in this Lease Agreement to the contrary, but subject to Landlord’s representations and warranties set forth in Section 9.C., Tenant shall will not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildinguse, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the aboveoccupy, or that in Landlord’s reasonable opinion violates any of permit the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the PremisesLeased Premises for any purpose which is, impose any duty upon Tenant directly or Landlord with respect indirectly, forbidden by federal, state or local laws, rules, statutes, regulations, court order or decision, governmental directives, restrictive covenants, ordinances, or governmental or municipal regulations or orders (“Laws”) or which may be dangerous to the Premises life, limb or with respect to the use or occupation thereof.
10.3. Tenant shall not do property, or permit to be done anything that will invalidate or increase the cost maintenance of any fire, environmental, extended coverage public or any other insurance policy covering private nuisance. SEC. 4 SECURITY DEPOSIT: $38,333.33 payable on the Building and Effective Date. Upon the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts occurrence of any kind shall be placed upon any Event of the doors or windows Default (as hereinafter defined) by Tenant, nor shall Landlord may, from time to time, without prejudice to any changes be made to existing locks or other remedy, use the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return security deposit paid to Landlord all keys by Tenant as herein provided to offices the extent necessary to make good any arrears of Rent (as hereinafter defined) and restrooms either furnished any other damage, injury, expense or liability caused to or otherwise procured Landlord by Tenantsuch Event of Default. In Following any such application of the event any key so furnished to Tenant is lostsecurity deposit, Tenant shall pay to Landlord on demand the cost amount so applied in order to restore the security deposit to the amount thereof existing prior to such application. Any remaining balance of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections security deposit shall be attached returned by Landlord to any outside wall Tenant within sixty (60) days after the termination of the Building. No curtainsthis Lease Agreement and after Tenant provides written notice to Landlord of Tenant’s forwarding address; provided, blindshowever, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant Landlord shall have the right to install a sign with its name retain and corporate logo on expend such remaining balance (a) to reimburse Landlord for any and all rentals or other sums due hereunder that have not been paid in full by Tenant and/or (b) for cleaning and repairing the exterior Leased Premises if Tenant shall fail to deliver same at the termination of this Lease Agreement in the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlycondition required under this Lease Agreement. Tenant shall not place anything be entitled to any interest on the exterior security deposit. Such security deposit shall not be considered an advance payment of the corridor walls rental or corridor doors other than a measure of Landlord’s standard lettering.
10.8damages in case of an Event of Default by Tenant. Tenant shall cause any office equipment or machinery to be installed If Landlord assigns its interest in the Leased Premises during the Term hereof, Landlord may assign the security deposit to the assignee, and so long as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without such assignee assumes all of Landlord’s prior written approval, and such equipment obligations under this Lease Agreement with respect to the security deposit thereafter Landlord shall be placed in a location designed to carry have no further liability for the weight return of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)security deposit, and Tenant shall indemnify, defend and hold harmless agrees to look solely to the new Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure for the return of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAsecurity deposit. The provisions of this Section 10.10 the preceding sentence shall survive apply to every transfer or assignment made of the expiration security deposit to a new Landlord. Tenant agrees that it will not assign or earlier termination encumber, or attempt to assign or encumber, the monies deposited hereunder as security, and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. Regardless of any assignment of this Lease.Lease Agreement by Tenant, Landlord may return the security deposit to the original Tenant, in the absence of evidence satisfactory to Landlord of an assignment of the right to receive such security deposit or any part of the balance thereof. SEC. 5
Appears in 1 contract
Sources: Build to Suit Lease Agreement
Use. 10.1(a) The Premises shall be utilized for the purpose of receiving and unloading seafood products and indicated uses, and use of any building on the premises for office space connected with such activities, and use of a designated freezer space. Tenant may not use the Premises or permit the Premises to be used for any other purpose.
(b) Tenant shall ensure that all activities being engaged in by Tenant and/or Tenant’s employees, licensees, subtenants, visitors, patrons, guests or invitees shall be conducted free from negligence in a reasonably careful manner to prevent harm to oneself or to others.
(c) Tenant shall at all times keep the Premises (including the interior and exterior business front surfaces) and walking surfaces on the Dock in a clean, safe, sanitary, and orderly condition. Tenant shall have the duty to repair any defective or dangerous walking surfaces fronting on the Premises. At its sole expense, Tenant shall replace any cracked or broken glass on the Premises with glass equal in quality and similar in kind to that originally installed on the Premises. When ever a Tenant is actively loading and/or unloading vessels Tenant shall have a two cubic yard dumpster to receive its waste. The dumpster shall be emptied at least once per week.
(d) Tenant shall comply with all statutes, ordinances, resolutions, policies, directives of the Harbor Commissioners, laws, regulations and general plans now in effect and hereafter promulgated by any agency having jurisdiction over the harbor district and/or the Premises and the activities thereon. If any license (including, but not limited to, Commercial Fish Business License, Fish Receiving License, Fisherman’s Retail License, Fish Processor’s License, Fish Wholesaler’s License or Fish Importer’s License, Coast Guard Certificate of Adequacy for Reception Facilities), permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion of the Premises, Tenant shall procure and maintain it throughout the term of this lease. The judgment of any court of competent jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this lease by Landlord.
(e) Tenant and Tenant’s guests and invitees shall use the Premises for premises and common areas of Citizens Dock so as not to block or interfere with access or use by the purpose set forth public and other tenants of the Dock. Tenant shall comply with the reasonable directives of Landlord regarding use of the common areas of Citizens Dock.
(f) Tenant and its employees shall park only in Section 2.12those areas that are designated by Landlord as parking areas.
(g) Notwithstanding the foregoing, Tenant shall not use and shall not use the Premises, or permit or suffer the Premises or any portion of the Premises or the hoist to be used, improved, developed, used, or occupied in any manner or for any other purpose without that which will in any way conflict with any law, statute, ordinance, resolution, policy or governmental rule or regulation (including but not limited to the Crescent City Harbor District and Coastal Commission regulations), now in force or which may hereafter be enacted or promulgated. Tenant agrees not to allow any fuel, toxic materials, or any fumes, waste, or matters that could damage Landlord’s prior written consentproperty, which consent Landlord may withhold in its sole and absolute discretion.
10.2public waters or the environment to be released or spilled into the environment. Tenant shall not use commit, or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction allow to be a violation of committed any of waste upon the abovepremises or any nuisance thereon.
(h) Landlord shall have the right from time to time to adopt, amend, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect supplement rules and regulations relating to the Premises and the Common Areas. Landlord shall notify Tenant in writing of the adoption of, and any amendment or with respect modification made to the use or occupation thereofrules and regulations. Rules and regulations shall apply uniformly to all tenants. ▇▇▇▇▇▇ agrees to comply with all such rules and regulations; a failure by Tenant to so comply shall constitute a breach under this Lease.
10.3. (i) Tenant shall not do or permit anything to be done anything in or about the Premises that will invalidate in any way obstruct or interfere with the rights of Landlord’s other tenants or injure or annoy them or use or allow the Premises to be used for any improper, unlawful, or objectionable purpose.
(j) Tenant shall surrender the Premises in good order and condition (reasonable wear and tear excepted).
(k) In the event that ▇▇▇▇▇▇’s actions trigger the need for structural changes based upon the applicability or enforcement of governmental regulations (e.g. the Americans with Disabilities Act) Tenant shall either vacate the premises prior to the need for the structural changes or be solely responsible for the payment of all expenses related to the structural improvement.
(l) Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in any way increase the cost existing rate of or affect any fire or other insurance on the Premises, any of its contents, or other harbor businesses or cause a cancellation of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and policy. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for any such policy by reason of due to Tenant’s failure to comply with the provisions of this Sectionsection.
10.4. Tenant shall keep (m) Sleeping and all doors opening onto public corridors closed, except when in other residential type of use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed is prohibited upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringcommon areas.
10.8. (n) Tenant shall cause any office equipment or machinery to be installed in may not use the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasepurpose.
Appears in 1 contract
Sources: Hoist Space Lease
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall, subject to Landlord's reasonable security requirements, Force Majeure, casualty and de minimus interruptions, have access to the Premises twenty-four (24) hours per day, seven (7) days per week.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s 's reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnifY, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a "Lender" and, collectively with Landlord and its affiliates, employees, agents and contractors, the "Landlord Indemnitees") harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys' fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, "Claims") of any kind or nature that arise before, during or after the Term as a result of Tenant's breach of this Section.
10.312.3. Tenant shall not do or permit pennit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5▇▇.▇. No ▇▇ additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s 's prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that Tenant may, at Tenant's cost and expense, install its own integrated security system in the Premises (the "Tenant Security System"); provided, however, that Tenant shall obtain Landlord's prior written consent to such Tenant Security System and shall coordinate the installation and operation of any the Tenant Security System with Landlord to assure that the Tenant Security System (a) can accommodate multiple tenants within the Building and (b) integrates and does not interfere with (i) any Landlord security system in place as of the Term Commencement Date, for which Landlord makes no warranties about the functionality or integration of any such Landlord security system, and (ii) the Building's systems and equipment. Tenant shall be solely responsible, at Tenant's sole cost and expense, for monitoring and operating Tenant's Security System. Tenant may configure the Tenant Security System to control access to a full floor leased by Tenant such that Tenant has exclusive (as between Tenant and other occupants of the Building) access to such full floor; provided that Landlord will at all times (subject to the terms and conditions of this Lease) be permitted access to the Premises and will be provided with a card key or other method required to achieve such access.
10.6▇▇.▇. No ▇▇ awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s 's prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. Notwithstanding anything herein to the contrary, the solar installations (i.e., tint or film) existing on the windows as of the Execution Date will be permitted to remain in place during the Term, and Landlord will not umeasonably withhold its consent to Tenant's installation, at Tenant's sole cost, of additional substantially similar solar installations as determined to be desirable by Tenant to insulate the North- and South-facing windows of the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s 's prior written consent.
10.712.7. No Except as set forth in Section 12.7(a), no sign, advertisement or notice ("Signage") shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s 's prior written consent. Signage shall conform to Landlord's design criteria. For any Signage, Tenant shall, at Tenant's own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant's Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering. Tenant shall have the right to Building standard lobby, suite identification signage and elevator lobby signage on any floor fully occupied by Tenant.
10.8(a) Subject to the terms, conditions and provisions of this Section 12.7(a), Tenant shall be entitled to maintain, at its sole cost and expense, its one (1) existing exterior Building Sign and its listing on the shared monument sign existing as of the Execution Date (collectively, the "Existing Signage"). In the event Tenant wishes to change the Existing Signage at any time, the graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the replacement Signage (collectively, the "Signage Specifications") shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. In addition, the Signage and all Signage Specifications therefor shall be subject to Tenant's receipt of all required permits and approvals from Governmental Authorities, and shall be subject to any CC&Rs (as defined below). In the event Tenant does not receive the necessary permits and approvals for the Signage, Tenant's and Landlord's rights and obligations under the remaining provisions of this Lease shall not be affected. The cost of installation of all of Tenant's Signage, as well as all costs of design and construction of such Signage and all other costs associated with such Signage, including permits, maintenance and repair, shall be the sole responsibility of Tenant. Should the Signage require maintenance or repairs, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant's sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the period described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant, as Additional Rent, for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause all Signage installed by or on behalf of Tenant to be removed from the Building's exterior and shall cause the Building to be restored to the condition existing prior to the placement of such Signage. If Tenant fails to restore the Building as provided in the immediately preceding sentence on or before the expiration or earlier termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant's receipt of invoice therefor. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Should the name of the original Tenant change, then the Existing Signage may be modified at Tenant's sole cost and expense to reflect the new name, but only if the new name does not (i) relate to an entity that is of a character or reputation, or is associated with a political orientation or a faction that is inconsistent with the quality of the Building or would otherwise reasonably offend an institutional landlord of a project comparable to the Building, taking into consideration the level and visibility of such Existing Signage, or (ii) cause Landlord to be in default under any lease or license with another tenant of the Project.
12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building's structural design unless Tenant obtains Landlord's prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord's reasonable determination in any manner adversely affect other tenants' quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord's prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “"ADA”"), and Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). For the foregoingavoidance of doubt, Landlord "Lenders" shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease. Landlord will be responsible (at Landlord's expense and not as an Operating Expense) for causing the Common Areas to comply with the ADA in effect and applicable to the Common Areas as of the Execution Date. Any cost incurred by Landlord to cause the Common Areas to continue to comply with the ADA, including due to changes to the Common Areas or the ADA after the Execution Date, may be included in Operating Expenses to the extent permitted by A rticle 9 above.
Appears in 1 contract
Sources: Lease Agreement (Natera, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demandwithin thirty (30) days after written demand (accompanied by reasonable supporting documentation thereof), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall reasonably deem it necessary to make such change. Landlord shall provide Tenant with forty (40) access cards to the Building at no additional cost.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. Subject to compliance with all Applicable Laws, Tenant shall have the right to install and maintain, at Tenant’s sole cost and expense, one (1) exterior sign on the exterior of the Building identifying Tenant (“Exterior Signage”). The size, color, type and location of Exterior Signage shall be subject to Landlord’s reasonable approval. No sign, advertisement or notice (including the Exterior Signage, “Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises Premises, which Signage is visible from outside the Premises, or the Building without Landlord’s prior written consent; provided that Tenant , which consent shall have not be unreasonably withheld. Signage (other than within the right to install a sign with its name and corporate logo on Premises which is not visible from outside the exterior of the Building, the size, appearance and characteristics of which Premises) shall be subject conform to Landlord’s prior written consentstandard design criteria. Interior For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Prior to the expiration or earlier termination of this Lease, Tenant shall remove Exterior Signage at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Initial interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a Building-standard size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all reasonable out-of- pocket costs (without ▇▇▇▇-up, overhead or profit) associated with such installation within thirty (30) days after demand therefor (accompanied by reasonable supporting documentation thereof). The right to install Exterior Signage is personal to REGENXBIO Inc., and may not be exercised by any assignee, sublessee or transferee of this Lease, except to Tenant’s Affiliate subsequent to an Exempt Transfer (as defined below). If Landlord elects, in Landlord’s sole and absolute discretion, to make monument Signage available to all tenants of the Project, then Landlord shall make a portion of such monument Signage (with the size and location of such portion to be determined by Landlord in Landlord’s sole and absolute discretion) available to Tenant for purposes of installing and maintaining Signage identifying Tenant (which Signage shall be installed, maintained and removed at Tenant’s sole cost and expense and otherwise in accordance with all of the terms, conditions and provisions of this Section).
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices leased areas in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrarycontrary (but subject to Landlord’s obligations in Section 5(y) above), Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding For the foregoingavoidance of doubt, Landlord “Lenders” shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (REGENXBIO Inc.)
Use. 10.1. Tenant shall use and occupy the Premises for the purpose set forth in Section 2.12premises as a Commodity Exchange with directly related functions thereto, and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionof Landlord.
10.2. A. Tenant shall will not use make or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue permit to be made any use of the Premises that demised premises which, directly or indirectly, is declared forbidden by public law, ordinance or claimed by any Governmental Authority having jurisdiction governmental regulation or which may be dangerous to be a violation persons or property, or which may invalidate or increase the premium cost of any policy of insurance carried on the above, building or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. covering its operations and Tenant shall not do do, or permit to be done anything that done, any act or thing upon the demised premises which will invalidate or increase the cost of any fire, environmental, extended coverage or any other be in conflict with fire insurance policy policies covering the Building and building of which the Projectdemised premises form a part. Tenant, and at its sole expense shall comply with all rules, ordersregulations, regulations and or requirements of the insurers of the Building Illinois Inspection and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung inRating Bureau, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expensesimilar body, and shall be of a sizenot do, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done upon said premises, or bring or keep anything thereon in violation of rules, regulations or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants requirements of the Building Fire Department, Illinois Inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such quantity and manner of storage as not to increase the rate of fire insurance applicable to the building.
▇. ▇▇▇▇▇▇ assumes full responsibility for:
(i) protecting the premises from theft, robbery and pilferage,
(ii) keeping the premises secure, and
(iii) locking the doors in and to the demised premises. Any damage resulting from neglect of this clause shall be paid for by ▇▇▇▇▇▇. All property belonging to Tenant, or any person in the premises, which is in the building or the Projectpremises, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out there at the risk of Tenant or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADAother person only, and Landlord shall indemnify, defend not be liable for damage thereto or theft or misappropriation thereof. Tenant shall indemnify and hold Landlord harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) claims arising out of any failure the above, including subrogation claims by ▇▇▇▇▇▇'s insurance carrier, except that nothing contained herein shall require Tenant to release, indemnify, or waive claims against Landlord for liability caused by the gross negligence of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLandlord.
Appears in 1 contract
Use. 10.1. (a) The Premises shall be used and occupied only for provision of licensed skilled nursing facility services and any future programs which are an extension of the programs contemplated by Tenant shall use at the Premises for the purpose set forth in Section 2.12time of execution of this Lease, and shall not use the Premisesrelated office, or permit or suffer the Premises to be usedadministration and support services, and for any no other purpose purposes without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretionwill not be unreasonably withheld.
10.2(b) Tenant shall, at Tenant's sole cost and expense, comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, commissions, boards, and officers, and any national or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises and the sidewalk, curbs, and vaults adjoining the Premises or to the use or manner of use of the Premises, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets or sidewalks adjacent to the Premises, or onto or over other property contiguous or adjacent thereto. Tenant shall obtain any required certificate of occupancy with respect to its use of the Premises within thirty (30) days from the Commencement Date and shall deliver a copy thereof to Landlord within such thirty (30) day period. Tenant shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises in any manner that is declared will tend to create waste or claimed a nuisance.
(c) Tenant hereby accepts the Premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulation governing and regulating the use of the Premises and subject to all liens, claims and encumbrances currently existing against the Premises or any part thereof, and accepts this Lease subject thereto and to all matters disclosed thereby and by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the aboveexhibits attached hereto. Tenant shall comply with acknowledges that neither Landlord not Landlord's agents have made any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use representations or occupancy of warranties as to the Premises, impose including without limitation, any duty upon Tenant representation or Landlord with respect warranty as to the Premises condition or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements fitness of the insurers Improvements or the suitability of the Building and Improvements for the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason conduct of Tenant’s failure to comply with the provisions of this Section's business.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Sublease Agreement (Sycamore Park Convalescent Hospital)
Use. 10.1. Tenant shall Airadigm may use the Premises for the purpose set forth receipt and transmission of wireless communications signals. The use granted Airadigm by this Master Lease shall be non-exclusive and limited in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply strict accordance with the provisions terms of this Section.
10.4Master Lease. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant SpectraSite shall have the right to install a sign continue to occupy the Property and to enter into lease, sublease, license and other agreements with its name others for the Property and corporate logo on the exterior Tower in the sole discretion of the Building, the size, appearance and characteristics of which SpectraSite. Each SLA shall also be subject to Landlord’s prior written consent. Interior signs on doors the terms and continued existence of the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively Prime Lease for the display Site. SpectraSite shall give Airadigm written notice of such termination or expiration of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls Prime Lease as provided herein or corridor doors other as soon as practicable but no later than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery sixty (60) days prior to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of an anticipated termination or expiration. SpectraSite shall give Airadigm advance written notice of any sublease, license or other agreement granting a third party right to occupy space on a tower which is the subject of this LeaseMaster Lease which notice shall specify the proposed location of the antennas or other equipment on the tower, the “path frequency of travel” into operation of the equipment and within copies of engineering plans depicted the Building (but not within location and method of installation of the Premises, except as specifically described in this sentence) and equipment. SpectraSite shall give notice to Airadigm at the Project’s parking lots, walkways and landscaping areas with the ADAsame time that SpectraSite receives notice of any default under any Prime Lese, and Landlord SpectraSite shall indemnifyallow Airadigm to cure any non-monetary default on SpectraSite's behalf. In such case, defend and hold harmless Tenant Airadigm shall be entitled to reimbursement from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out SpectraSite of any failure amount paid or obligation incurred in respect thereof; provided, however, that in the event that SpectraSite disputes such alleged default in good faith, SpectraSite shall have no duty to reimburse Airadigm for any amount paid or obligation incurred in respect of Landlord such alleged default unless Airadigm obtains SpectraSite's consent to make Airadigm's cure of any such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasedefault.
Appears in 1 contract
Sources: Master Tower Attachment Lease Agreement (Spectrasite Holdings Inc)
Use. 10.1. 12.1 Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Nothing in this Section is intended to prohibit Tenant from using the Premises to construct the Tenant Improvements.
10.2. 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ProjectProject of which Tenant is aware or given prior written notice, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.4. 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 12.5 No additional locks locks, bolts or bolts alarm or access control/monitoring systems of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord acknowledges that Tenant intends to install certain security access controls in the Premises as part of the Tenant Improvements and Landlord shall review such controls as part of the Tenant Improvements in accordance with the provisions of the Work Letter. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings without Landlord’s prior written consent, such consent not to be withheld, conditioned or delayed as long as such proposed window coverings present an external appearance reasonably uniform with Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
10.7. 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that . Subject to the provisions of this Section, Tenant shall have the right to install a sign with its name Building Standard monument, lobby, directory and corporate logo on the exterior of the Building, the size, appearance and characteristics of which suite Signage. Signage shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Subject to Landlord’s approval (which shall not be unreasonably withheld, conditioned or delayed) and consistent with Landlord’s standard building signage program, Tenant may place its logo on the door leading into the Premises. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8 Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s then-current structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall be solely responsible for the cost of any structural upgrades needed to the Building as a result of Tenant’s high density storage equipment, or use thereof, (which structural upgrades shall be made in accordance with the provisions of this Lease and the Work Letter). Any such high density storage equipment, or use thereof, shall in no way compromise the structural integrity of the Building (including the roof of the Building).
12.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.9. 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space other than in a de minimis manner or adversely impact their ability to conduct business in a professional and suitable work environment other than in a de minimis manner.
10.10. 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within causing the Building (but not within the Premises, except as specifically described in this sentence) Common Area and the Project’s parking lots, walkways and landscaping areas facilities to comply with the ADA, and Landlord shall indemnify, save, defend (at Tenant’s option) and hold Tenant and its affiliates, employees, agents and contractors harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims incurred arising out of any failure of Landlord to make such aspects of the Project comply with the ADAfailure. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Depomed Inc)
Use. 10.14.1 The Premises shall be used and occupied by Lessee for general office use and for no other purposes, without first obtaining the written consent of Lessor.
4.2 Lessee, at Lessee's expense, shall promptly comply with all laws, ordinances, zoning restrictions, rules, regulations, orders and requirements of any duly constituted public authorities now or hereafter affecting the use, safety, cleanliness and occupation of the Premises. Tenant As it relates to this Paragraph, Lessor shall use make any alterations or repairs to the Premises for the purpose set forth in Section 2.12Building, and shall but not use on the Premises, or as required by law.
4.3 Lessee shall not permit or suffer the Premises any use to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use made or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything act to be done in or about the Premises that shall in any way obstruct or interfere with which would increase the rights existing rate of other tenants or occupants of insurance upon the Building or the ProjectPremises, or injure or unreasonably annoy them, or (b) use or allow cause the Premises to be used for immoral or unlawful purposescancellation of any insurance policy covering the Building, nor shall Tenant knowingly causeLessee sell or permit to be kept, used or sold in or about the Premises any articles which may be prohibited by a standard form policy of fire insurance. In the event that Lessee's use, other than a use as a general office, increases said rate or causes the cancellation of a policy of insurance, Lessor may, in its sole discretion terminate this Lease or charge Lessee, as additional rent, the additional cost of insurance. Lessor, may charge Lessee, as additional rent the additional cost of insurance. In the event Lessor is unable to obtain additional insurance, Lessor shall have the right to terminate this Lease.
4.4 Lessee shall not commit, use, maintain or permit the maintenance of any nuisance improper, immoral, lewd, unlawful or waste in, objectionable conduct on or about the Premises, . It is specifically covenanted and agreed that Lessee will not operate any police licensed business on the Building or the ProjectPremises.
10.10. Notwithstanding any other provision herein 4.5 Lessee shall comply with all nondiscriminatory rules and regulations (the "Rules and Regulations") from time to time adopted by Lessor with respect to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance Building. A copy of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), Rules and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises Regulations adopted as of the date of this LeaseLease are attached hereto, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADAdesignated Exhibit "B", and Landlord shall indemnifyincorporated by reference herein. Lessor may, defend in its sole discretion, amend the Rules and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord Regulations by written notice delivered to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseLessee.
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions Inc)
Use. 10.1. 10.1 Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.10 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold be withheld in its Landlord's sole and absolute discretion.
10.2. 10.2 Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ days written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesaid certificate of occupancy, or that which in Landlord’s the reasonable opinion of Landlord violates any law, regulation or zoning ordinance or the certificate of occupancy; provided, however, that Tenant shall have the aboveright, in good faith, to contest such alleged violation. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof.
10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, Project and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, upon demand, promptly within thirty (30) days of receipt of demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Sectionsection.
10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use used for ingress and egress.
10.5. 10.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without Landlord’s the prior written consentconsent of Landlord which consent shall not be unreasonably withheld. Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 10.6 No awnings or other projections projection shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s .
10.7 Tenant will have the exclusive right to display it's signs on the Building subject to Landlord's prior written consent.
10.7approval, (which approval shall not be unreasonably withheld or delayed), and subject to all restrictions and requirements of applicable law and of any covenants, conditions and restrictions or other written agreements now or hereinafter applicable to the Project. No other sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any 10.8 No equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approval by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment.
10.9. 10.9 Tenant shall not (a) do or permit anything to be done in or about the Premises that Demised Premises, Building or Project which use shall in any way obstruct be for an immoral, unlawful or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or the Project.
10.10. 10.10 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses expense arising out of or in connection with the compliance of the Premises Demised Premises, Building or Project with the Americans with With Disabilities Act, 42 U.S.C. § Sec. 12101, et seq. (together with regulations promulgated pursuant thereto, the “"ADA”), ") and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ attorneys fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.and
Appears in 1 contract
Use. 10.1. Tenant The Sublease Premises shall use the Premises be used and occupied only for the purpose set forth in Section 2.12general office and uses, and for no other purpose without prior written consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Sublease Premises for, or carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or 3 conducted on or about the Sublease Premises. Sublessee shall not do or suffer anything to be done upon the Sublease Premises, which will cause structural injury to the Sublease Premises, or permit the building of which the Sublease Premises form a part. The Sublease Premises shall not be overloaded and no machinery, apparatus or suffer other appliance shall be used or operated in or upon the Sublease Premises to which will in any manner injure, vibrate or shake the Sublease Premises or the building of which the Sublease Premises form a part. No use shall be usedmade of the Sublease Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Sublease Premises. Sublessee shall not leave the Sublease Premises unoccupied or vacant during the term. No musical instrument of any sort, for or any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2noise-making devise will be operated or allowed upon the Sublease Premises. Tenant Sublessee shall not use or occupy permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Sublease Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that any part thereof for any purpose which will invalidate or increase the cost existing rate of any fire, environmental, extended coverage insurance upon the building of which the Sublease Premises form a part or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part thereof. If any act on the part of Sublessee or use of the Sublease Premises by the Sublessee shall cause, directly or indirectly, any increase of Sublessor's insurance expense, Sublessee shall pay said additional expense to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the Building without Landlord’s prior written consent; provided that Tenant shall have the exercise of any other rights or remedies, or constitute a waiver of Sublessor's right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject require Sublessee to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted discontinue such act or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard letteringuse.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Sublease (Concur Technologies Inc)
Use. 10.1. Tenant 5.01 The demised premises shall use the Premises be used solely as and for the purpose set forth in Section 2.12general, executive and shall not use the Premises, or permit or suffer the Premises to be used, administrative offices and for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionpurposes.
10.2. 5.02 Tenant shall not use or occupy permit the Premises use of the demised premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of Applicable Laws; zoning ordinances; the Certificate of Occupancy for the demised premises or the certificate of occupancy issued for the Building, and shallTenant shall not suffer or permit the demised premises or any part thereof to be used in any manner or anything to be done therein or anything to be brought into or kept therein which, upon five (5) days’ written notice from in the judgment of Landlord, discontinue shall in any use way impair or tend to impair the character, reputation or appearance of the Premises that is declared Building as a high quality office building, impair or claimed by interfere with or tend to impair or interfere with any Governmental Authority having jurisdiction of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the demised premises, or impair or interfere with or tend to be a violation impair or interfere with the use of any of the aboveother areas of the Building by, or that in Landlord’s reasonable opinion violates occasion discomfort, inconvenience or annoyance to, any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building Building. Tenant shall not install any electrical or other equipment of any kind which, in the Projectreasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or injure or unreasonably annoy them, or (b) use or allow annoyance.
5.03 Portions of the Premises to demised premises may be used for immoral one or unlawful purposesmore pantry areas for reheating, nor shall Tenant knowingly causebut not for cooking, maintain or permit any nuisance or waste inof food and beverages and for vending machines for Tenant's officers and directors, on or about the Premisesemployees and staff, the Building or the Project.
10.10. Notwithstanding any other provision herein subject to the contrary, provisions of Article 6 below. Tenant shall be responsible responsible, at Tenant's sole cost and expense, for maintaining Tenant's pantries at all liabilitiestimes in a clean and sanitary condition and free of rodents and other vermin and for the removal of refuse and garbage therefrom on a daily basis, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseusing contractors therefor designated by Landlord.
Appears in 1 contract
Use. 10.15.01. Tenant The demised premises shall use the Premises be used as and for the purpose set forth in Section 2.12executive and general offices, software development, sales calls, periodic "workshops" (20-30 clients, 1 or 2 times per month), and shall not use the Premises, or permit or suffer the Premises to be used, for any no other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretionexcept as aforesaid.
10.25.02. Tenant shall not use or occupy permit the Premises use of the demised premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of Applicable Lawsthe Certificate of Occupancy for the demised premises of the Building; zoning ordinances; and Tenant shall not permit the demised premises or any part thereof to be used in any manner or anything to be done, brought into or kept therein which shall impair or interfere with (because of noise level, traffic or otherwise) (i) the character, reputation or appearance of the Building as a high quality office building, (ii) any of the Building services or the certificate of occupancy issued for the Buildingproper and economic heating, and shallcleaning, upon five (5) days’ written notice from Landlord, discontinue any use air conditioning or other servicing of the Premises that is declared Building or claimed by any Governmental Authority having jurisdiction to be a violation the demised premises, or (iii) the use of any of the aboveother areas of the Building by, or that in Landlord’s reasonable opinion violates occasion discomfort, inconvenience or annoyance to, any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance or which might overload the risers or feeders servicing the demised premises or other portions of the Building. Landlord shall have the right to require Tenant, at Tenant's expense and to the reasonable satisfaction of Landlord, to install curtains or blinds on the inside of windows in the demised premises facing the atrium of the Building.
A. Tenant shall not use, play or operate or permit to be used, played or operated any sound making or sound producing device in the demised premises except in such manner and under such conditions as shall prevent any noise from emanating from the demised premises to other areas in the Building or to street areas outside of the ProjectBuilding;
B. Whenever necessary, or injure or unreasonably annoy themTenant at its expense, or (b) use or allow the Premises will cause such exterminating procedures as may be necessary, including exterminating against vermin, rodents, rats, insects, termites and otherwise, to be used effected within the demised premises. Tenant further agrees to prevent waste matter or refuse to accumulate in or about the demised premises and shall keep same in a clean and orderly fashion. Tenant shall arrange for immoral or unlawful purposesthe removal from the demised premises and the Building of all of its refuse and rubbish, nor at Tenant's sole cost and expense.
C. Tenant shall Tenant knowingly cause, maintain not suffer or permit any nuisance occupancy or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding use thereof for any other provision herein to the contrary, Tenant purpose which shall be responsible for all liabilitiesunlawful, costs and expenses arising out of obscene or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasepornographic.
Appears in 1 contract
Sources: Lease Agreement (Viant Corp)
Use. 10.1. Tenant 6.1 The Premises shall use the Premises be used only for the purpose set forth in Section 2.12of assembling, testing, storage and shipping of furniture and other household products, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingancillary office uses, and shallfor lawful purposes incidental thereto, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3and no other purpose. Tenant shall not do or permit to be done in, on or about the Premises, nor bring or keep or permit to be brought or kept therein, anything that which is prohibited by or will invalidate in any way conflict with any law, ordinance, rule, regulation or order now in force or which may hereafter be enacted, or which is prohibited by any insurance policy carried by Landlord for the Premises, or will in any way increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung inrate of, or used in connection withcause a cancellation of, or affect any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively insurance for the display of the name and location of tenants onlyPremises. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall which will in any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or within the Project, or injure or unreasonably annoy them, or (b) . Tenant shall not use or allow the Premises to be used for immoral any improper, immoral, unlawful or unlawful purposesobjectionable activity, nor shall Tenant knowingly cause, maintain or permit any nuisance in, on or about the Premises or commit or suffer to be committed any waste in, on or about the Premises. Tenant shall not store any materials, equipment or vehicles outside the Premises and agrees that no washing of any type (including washing vehicles) shall take place outside the Premises. Tenant shall not receive, store or otherwise handle any product or material that is explosive or highly flammable.
6.2 Tenant shall have exclusive rights to the Building or the Project.
10.10for exterior signage in accordance with any and all governmental codes. Notwithstanding any other provision herein to the contrary, Tenant shall submit a plan for signage to Landlord for Landlord's prior approval, which shall not be responsible unreasonably withheld. Landlord will not charge any additional rental fees for such signage; however, all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Actexterior signage will be Tenant's sole responsibility. Tenant shall, 42 U.S.C. § 12101at Tenant's expense, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability remove all such signs prior to or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date upon termination of this Lease, repair any damage caused by the “path installation or removal of travel” into such signs, and within restore the Building (but not within Premises to the Premises, except as specifically described condition that existed before installation of such signs.
6.3 As used in this sentenceLease, "Hazardous Material" shall mean any substance which is (a) and the Project’s parking lotsdefined under any Environmental Law as a hazardous substance, walkways and landscaping areas with the ADAhazardous waste, and Landlord shall indemnifyhazardous material, defend and hold harmless Tenant from and against pollutant or contaminant, (b) a petroleum hydrocarbon, including crude oil or any lossfraction thereof, cost(c) hazardous, liability toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogenic or expense a reproductive toxicant or medical waste, or (including reasonable attorneys’ fees and disbursementsd) arising out of otherwise regulated pursuant to any failure of Landlord to make such aspects of the Project comply with the ADAEnvironmental Law. The provisions of this Section 10.10 shall survive the expiration or earlier termination of As used in this Lease., "Environmental Law" shall mean all federal, state and local laws, statutes, ordinances, regulations, rules, judicial and administrative orders and decrees, permits, licenses, approvals, authorizations and similar requirements of all federal, state and local governmental agencies or other governmental authorities pertaining to the
Appears in 1 contract
Use. 10.1The Premises shall be used for general office, garage and storage purposes and the following other ancillary uses and for no others: computer service offices, trading floors, a cafeteria and lunchrooms for the use of Tenant's employees and visitors only, classrooms for Tenant's employees and visitors only, recreational facilities for Tenant's employees and visitors only, securities brokerage services for Tenant's employees only, photocopy services related to Tenant's general office use, a generator, which may be installed only in the Garage in accordance with Section 5(e), and an uninterrupted power supply system. Notwithstanding the preceding sentence, if Tenant shall lease any Retail Space pursuant to Section 37 of this Lease, Tenant may use such Retail Space for any retail use which is consistent with the image of the Building and permitted by law and approved by Landlord in its reasonable discretion. The reference to Tenant's employees in this Section 4 shall be deemed to include the employees of Tenant's Affiliates (as hereinafter defined) and the employees of Tenant's Business Partners (as hereinafter defined) who are permitted occupants of the Premises. Tenant shall use the Premises for the purpose set forth neither do nor permit to be done in Section 2.12, and shall not use or about the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shallor the Project, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do nor bring or permit to be done brought or kept therein, anything that which is prohibited by or will invalidate in any way conflict with any law, statute, ordinance or increase the cost governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which now or hereafter is prohibited by any insurance policy carried by Landlord or will cause a cancellation of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises Building or the Building without Landlord’s prior written consent; provided that Tenant Project. Tenant, in its own respect and in respect of Tenant's Agents, shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) neither do or nor permit anything to be done in or about the Premises that shall Premises, the Building or the Project which in any way will obstruct or unreasonably interfere with the rights of any other tenants of the Project (including any noise audible or occupants of any odor or vibrations observable from outside the Premises), or injure or annoy them, or use or allow the Premises, the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises Project to be used for immoral or any unlawful purposespurpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about any of the Premisessame, or commit or suffer to be committed any waste or damage in or about any of the same. Tenant shall not permit any materials to be placed or stored in the common areas of the Building or the Project.
10.10Project and shall not permit debris to be placed therein, except in appropriate receptacles provided therefor. Notwithstanding any other provision herein Tenant and Tenant's Agents shall have the right on a 24 hour per day - seven (7) day per week basis during the Term, subject to compliance with the reasonable security procedures for the Building, to the contrary(a) non-exclusive use of the outside common areas of the Project, Tenant (b) the exclusive use of the entrance lobby of the Building (provided that such use shall be responsible non-exclusive during any period for all liabilitieswhich Tenant leases a portion, costs and expenses arising out of or in connection with the compliance but not all, of the Premises with Premises), (c) the Americans with Disabilities Actexclusive use of the Building passenger and freight elevators (provided that such use shall be non-exclusive during any period for which Tenant leases a portion, 42 U.S.C. § 12101but not all, et seq. (together with regulations promulgated pursuant thereto, of the “ADA”Premises), and (d) the exclusive use of the Premises. Tenant shall indemnifynot use any portion of the Building (including, defend without limitation, the Building roof or portions of the Building leased to other tenants) other than the Premises, excepting only as set forth in this Section 4, in Section 41, and hold harmless Landlord from such other portions of the Building and against outside common areas of the Project as are necessary for fire and other emergency ingress and egress purposes in accordance with applicable law. Tenant shall not place any loss, cost, liability equipment in or expense otherwise utilize the Premises in a manner that would exceed one hundred (100) pounds per square foot (including reasonable attorneys’ fees live and disbursements) arising out of any failure of such improvements dead loads), the floor load for which each floor was designed to comply with the ADA. Notwithstanding carry, provided that, notwithstanding the foregoing, Landlord shall not unreasonably withhold, condition or delay its consent to Tenant, at Tenant's sole cost and expense, reinforcing the floor of any portion of the Premises pursuant to plans and specifications reasonably approved by Landlord, and otherwise in compliance with Section 7. Landlord, in its reasonable discretion, shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building, and also the manner of moving the same in and out of the Building. Landlord will not be responsible for all liabilities, costs and expenses arising out loss of or in connection with the compliance of the existing structural portions damage to any such safe or property from any cause, and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within all damage done to the Building (but not within by moving or maintaining any such safe or property shall be repaired at the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseTenant.
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided provided, however, that Tenant Landlord shall have the right not unreasonably withhold its consent to install a sign with its name and corporate logo any Signage on the exterior of the Building, the size, appearance and characteristics of which 4545 Building that complies with Applicable Laws. Signage shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the 4535 Premises and the 4545 Premises and the directory tablet in the 4535 Building and the 4545 Building shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without At Landlord’s prior written approvaloption, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Landlord may install any Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)Signage, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense pay all costs associated with such installation within thirty (including reasonable attorneys’ fees and disbursements30) arising out of any failure of such improvements to comply days after demand therefor.
12.8. Tenant may only place equipment within the Premises with floor loading consistent with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing Building’s structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Projectdesign unless Tenant obtains Landlord’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.prior written
Appears in 1 contract
Sources: Lease (Ignyta, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s 's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will (a) invalidate or (b) increase the cost of (unless Tenant agrees to pay for the same), any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent12.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.5. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door Building other than those existing as of the Premises other than Landlord’s standard window coveringsdate hereof. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s 's prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property other than those in existence as of the date hereof shall be placed on any exterior balcony without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
10.712.6. No sign, advertisement or notice Tenant shall be exhibitedentitled to building signage for the Premises, painted or affixed by Tenant on any part of the Premises or inside and outside the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the BuildingProperty ("Signage"), the sizeat Tenant's sole discretion and expense, appearance and characteristics of which shall be subject to all Applicable Laws. All existing Signage is hereby approved by Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribedFor any Signage, painted or affixed for Tenant by Landlord shall, at Tenant’s sole 's own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and shall be of (b) design, fabricate, install and maintain such Signage in a size, color and type acceptable to Landlordfirst-class condition. The existing directory tablet shall be provided exclusively for the display of the name and location of tenants only.
12.7. Tenant shall not only place anything on equipment within the exterior Premises with floor loading consistent with the Building's structural design without Landlord's prior written approval, and such equipment shall be placed in a location designed to carry the weight of the corridor walls or corridor doors other than Landlord’s standard letteringsuch equipment.
10.812.8. Subject to Section 22, Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices buildings in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, Project or (d) take any other action that would in Landlord's reasonable determination in any manner adversely affect other tenants' quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Landlord shall use commercially reasonable efforts to apply similar standards on other tenants in the Building or Project for the Projectbenefit of the Tenant.
10.1012.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “"ADA”"), and Tenant shall indemnify, defend and hold harmless Landlord provided that: (a) if ADA compliance requires alteration of the Premises from and against any loss, cost, liability its condition as of the Term Commencement Date due to a change in the ADA or expense the enforcement thereof which takes effect after the Term Commencement Date; (including reasonable attorneys’ fees and disbursementsb) arising out such ADA compliance is not required as the result of any failure Alterations made by Tenant after the Term Commencement Date; and (c) such alteration of such improvements to comply the Premises is considered capital in nature in accordance with the ADA. Notwithstanding the foregoinggenerally accepted accounting principles, then Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Leaseperforming such alterations, the “path of travel” into cost for which shall be considered an Operating Expense and within the Building (but not within the Premises, except as specifically described shall be amortized in this sentence) and the Project’s parking lots, walkways and landscaping areas accordance with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAArticle 9. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Macrogenics Inc)
Use. 10.1. 10.1 Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.9 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold be withheld in its sole and absolute discretionLandlord's reasonable discretion consistent with the then existing use of the Building.
10.2. 10.2 Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesaid certificate of occupancy, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's particular use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation occupancy thereof.
10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Project without Landlord's prior written consent, which may be withheld in Landlord's sole discretion (unless Tenant pays the Projectcost of any such increase), and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section.
10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 10.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms mechanism thereof without unless Tenant provides copies of the new keys to Landlord so that Landlord can access the Demised Premises in accordance with the terms of this Lease (provided that Tenant may change or add locks for any portions of the Demised Premises that are reasonably designated by Tenant as restricted or private areas and, in such cases, Tenant shall not be required to provide such new keys to Landlord’s prior written consent). Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 10.6 No awnings or other projections projection shall be attached to any outside wall of the Buildingbuilding. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s prior written consent.
10.7. 10.7 No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the expense of Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything Nothing may be placed on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering.
10.8. 10.8 Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas as defined in Section 1.1, or other offices or premises in the Building. Further, Tenant shall not place any no equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approved by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment.
10.9. 10.9 Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that which shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for immoral immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or Project. Landlord hereby acknowledges that Tenant's use of the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or Demised Premises in connection accordance with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant use set forth in Section 2.1.9 shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability not be deemed to be an immoral or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseobjectionable purpose.
Appears in 1 contract
Sources: Lease (Axys Pharmecueticals Inc)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages, suits or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the The Premises as of the date of this Lease, the “path of travel” into and within the Building (but have not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAundergone inspection by a Certified Access Specialist. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (CymaBay Therapeutics, Inc.)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuildings or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Buildings or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building Buildings and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Bent Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed) nor shall any bottles, parcels or other articles be placed on the windowsills. For the avoidance of doubt, it shall be unreasonable for Landlord to withhold its consent to any requested awnings, blinds, shades, screens or other window tinting or treatments if Tenant demonstrates to Landlord that such are necessary for Tenant to comply with Applicable Laws or are required to properly conduct Tenant’s business and operations on the Premises consistent with the Permitted Use; provided that any such awnings, blinds, shades, screens or other window tinting or treatments are of equal or greater quality than the Building Standard. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises visible from outside the Premises or the Building Buildings without Landlord’s prior written consent; provided that . Subject to such written consent and all Applicable Laws, Tenant shall have the right to may install a sign with its name and corporate logo Signage on the exterior face of the Building. Upon receiving Landlord’s consent for any such exterior Building Signage, Landlord shall cooperate and assist Tenant, at Tenant’s sole cost and expense, in securing the size, appearance and characteristics of which shall be subject necessary permits to install such exterior Building Signage. Subject to Landlord’s prior written consent, Signage may include Tenant’s corporate logo, graphics and colors and shall otherwise conform to Landlord’s design criteria. Interior For any Signage (excluding Building directory or entry Signage), Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage (excluding Building directory or entry Signage) upon the expiration or earlier termination of the Lease. Notwithstanding the foregoing, interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at TenantLandlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option and upon Tenant’s prior approval (which shall not be unreasonably conditioned, delayed or withheld), Landlord may install any Tenant Signage, and except for Building directory or entry Signage, Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Bent Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentBent Project.
10.912.10. Tenant shall not knowingly (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless Landlord from and against any lossdemands, costclaims, liability liabilities, losses, costs, expenses, actions, causes of action, damages or expense judgments, and all reasonable expenses (including reasonable attorneys’ fees fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilitiesand without limiting Tenant’s responsibilities under this Section, costs and expenses arising out at the time of or in connection with the compliance Landlord’s delivery of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except all base building systems (including HVAC (as specifically described defined below), electrical, life safety and plumbing) shall be in this sentence) good working condition, suitable for the Permitted Use, and in accordance with the base building systems specifications set forth on Exhibit J; the Common Area shall be ADA-compliant; and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord Premises shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAapplicable building code. This Section (as well as any other provisions of this Lease dealing with indemnification of the Landlord Indemnitees by Tenant shall be deemed to be modified in each case by the insertion in the appropriate place of the following: “except as otherwise provided in Mass. G.L. Ter. Ed., C. 186, Section 15. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (the “MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Tenant shall obtain and maintain during the Term (m) any permit required by the MWRA (the “MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined in Section 16.11 below) in the Bent Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Landlord, at Tenant’s sole cost and expense, agrees to reasonably cooperate with Tenant in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall be solely responsible for any costs incurred pursuant to this Section.
Appears in 1 contract
Sources: Lease (Idenix Pharmaceuticals Inc)
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.122.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, above or that in Landlord’s reasonable opinion violates any of the aboveabove (provided that, in lieu of discontinuing such use, Tenant may contest the Governmental Authority’s declaration or claim, or alter such use in a way that is acceptable to such Governmental Authority or Landlord, as applicable). Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.,
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice Tenant shall be exhibited, painted or affixed entitled to the following signage to the extent permitted by Tenant on any part Applicable Laws and to the extent it does not prevent another tenant of the Premises or Building from receiving its pro rata share of the Building without signage: (i) Building-top signage on the side facing Genesee Avenue, (ii) monument signage to replace the existing monument signage for Chimeros, Inc., and (iii) signage in the main lobby on the glass walls near the entry, all of which signage shall conform to the criteria and design set forth in Exhibit H attached hereto (collectively, “Signage”). Landlord will use commercially reasonable efforts to assist Tenant in obtaining the required approvals for the Signage at no cost to Landlord. For any Signage, Tenant shall, at Tenant’s prior written consent; provided that own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall have be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the right to install a sign with its name and corporate logo on the exterior expiration or earlier termination of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentLease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant shall cause any office only place equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.912.9. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably minimize or prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Project.
12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Project or the Project(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment.
10.1012.11. Notwithstanding any other provision herein to the contrary, from and after the Execution Date, except as provided in Article 5 above, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with Title 24 and the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord; its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender”) harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall have the right to use the furniture and personal property currently located in the portion of the Premises previously occupied by Chimeros, Inc., an inventory of which is attached hereto as Exhibit I (the “FF&E”), subject to the terms and conditions set forth in this Lease. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the FF&E to Landlord in the same condition as the FF&E existed as of the Execution Date, ordinary wear and tear excepted.
12.13. Tenant shall have access to, and full use of, the Premises twenty-four (24) hours per day seven (7) days per week.
Appears in 1 contract
Sources: Lease (Regulus Therapeutics Inc.)
Use. 10.1. (a) Tenant shall use the Premises for the purpose set forth in Section 2.12, its commercial fish-buying and/or fish- unloading business and shall not use the Premises, or permit or suffer the Premises additional ancillary and compatible uses and services pursuant to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2paragraph 9.1 (b)(vii) of this lease. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony purposes without Landlord’s prior written consent.
10.7(b) Tenant shall develop, operate and maintain a first-rate and complete facility for the purpose of wholesale buying, unloading, storing, and shipment of fish and fish-related products and/or the non-exclusive right to sell fish on a retail basis as stipulated in subsection (ii) below. No sign, advertisement or notice Tenant shall be exhibited, painted or affixed by have all necessary permits for fish processing on display in order to engage in this activity.
(i) Tenant shall provide on any part of the Premises all equipment required for the operation of said wholesale fish dealership, including winch and hoist for the purpose of loading or unloading of fish or other merchandise to and from vessels, and scales, skiff or equipment storage. Tenant may provide a second winch and hoist at a location approved in advance by the Building without Landlord’s prior written consent; provided that Harbor Master.
(ii) Tenant shall have the non-exclusive right to install sell fish in the same condition as purchased directly from fishing boats at Pillar Point Harbor, on a sign retail basis, on a month-to-month basis, subject to written approval of Landlord of any plans, specifications and engineering and compliance with its name San Mateo County Local Coastal Plan and corporate logo zoning/land use regulations. Landlord shall retain the right to delete this right if storage, traffic, pedestrian or space problems occur. Tenant shall not be allowed to do any advertising for the retail fish operation on or off-site at any time except as may be permitted by Landlord at Landlord’s sole discretion. Violation of this provision will automatically rescind the exterior right by Tenant to sell fish on a retail basis.
(iii) Tenant shall not buy fish or other seafood products from any vessel that exceeds eighty (80) feet in length, without permission of the Building, the size, appearance Landlord’s Harbor Master or General Manager. Permission shall not be arbitrarily withheld and characteristics of which shall be subject to appeal to the Harbor Commission.
(iv) Tenant shall unload at the Premises only fish that it has either purchased or has caught in vessels owned or leased by Tenant, or has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord. There will be no fish processing on the second floor of the Premises.
(v) Tenant shall provide documentation to the District for all fish unloaded that has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord, which documentation shall include date of landing/unloading, name of vessel and vessel operator from whom the fish were unloaded, and name of Permit holder receiving the fish.
(vi) Tenant agrees to keep free and clear a fifteen (15) foot wide area on ▇▇▇▇▇▇▇ Pier for common area access by all fish buyer tenants at all times, unless mutually agreed by all parties.
(vii) Tenant shall have sole use of a seventeen feet by twenty-eight feet (17’ x 28’) area totaling four hundred seventy-six square feet (476 sq. ft.) in Parking Lot “A” as designated by the Landlord at Landlord’s prior written consentsole discretion, to be used for storage of any gear, boxes or other items that are considered essential to the fish-buying operation. Interior signs on doors and the directory tablet Tenant shall be inscribedsolely responsible, painted or affixed for Tenant by Landlord at Tenant’s sole cost and its expense, for fencing in said area and securing the fenced-in area with a locked, secure gate. If the area so designated is not enclosed by Tenant on or before , 20 , Tenant shall be of a size, color and type acceptable forfeit said space to Landlord. The directory tablet shall be provided exclusively the Landlord for the display remainder of the name and location Lease Term. Landlord shall not be responsible for the security of tenants onlyequipment or material stored. Tenant shall not place anything store hazardous material on the exterior Premises. If and when Landlord has other storage available, the fish buyers will move their storage to the new facility at Landlord’s request. Any expenses incurred will be at the sole expense of Tenant. Subject to the prior written approval of Landlord, Tenant may provide additional uses and services which are ancillary to, and compatible with, the required uses and services hereunder, provided that they are not incompatible with other uses and services allowed or required for other tenants at Pillar Point Marina.
(viii) Tenant may place a sign or signs stating the name of ▇▇▇▇▇▇’s business on the front and landward side of the corridor walls or corridor doors other than pier building housing Tenant’s Premises with prior written approval of Landlord, and which comply with ▇▇▇▇▇▇▇▇’s standard letteringDesign Guidelines as amended.
10.8(c) Tenant’s operating schedule and prices shall comply with the following:
(i) Beginning on the Commencement Date, all of the uses and services specified in Subsection 9.1(b) above shall be provided with full services on the Premises during the active fishing seasons, weather permitting, on call of Landlord personnel or as needed.
(ii) Tenant shall, at all times, maintain a schedule of the prices charged for fish and fish products or charged for all goods or services or combinations thereof supplied to patrons on or from the Premises, whether the same are supplied by Tenant or by its sublessees, assignees, concessionaires, permittees, or licensees, and shall make said schedule available to Landlord.
(iii) All rates and charges to customers purchasing on or from the Premises shall be reasonable and consistent with the quality of services and facilities offered and shall be no more than rates and charges for comparable services and facilities in Northern California.
(d) Tenant’s rights to buy fish shall be non-exclusive, and Landlord retains the right to permit the purchase of fish from vessels at Pillar Point Harbor. Tenant shall cause any office equipment or machinery to be installed annually negotiate in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere good faith with the rights of other tenants or occupants of at Pillar Point and local fisherman to establish a commercially reasonable pricing schedule for fish purchases. To the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, extent such agreement on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs pricing is reached and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingimplemented each year, Landlord shall be responsible include in any permits that it issues for all liabilities, costs and expenses arising out of or fish purchases from vessels a Fee equal to that required in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencesubsection 6.1(a) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. 10.1. A. The Premises shall be used only for the purpose of receiving, storing, servicing, 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 provided that Tenant shall not use the Premises for the purpose set forth in Section 2.12receipt, and shall not use the Premisesstorage or handling of any product, material or permit merchandise that is explosive or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use highly inflammable or occupy the Premises in violation of Applicable Laws; zoning ordinances; hazardous or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue make any use of the Premises that is declared which would make void or claimed by voidable any Governmental Authority having jurisdiction to be a violation policy of fire or extended coverage insurance covering any of the aboveBuilding or property of Landlord. Outside storage, or that including without limitation, storage of trucks and other vehicles (except trucks and other vehicles used in Tenant's ordinary course of business at the Premises, which trucks and other vehicles may be parked on the Premises as needed by Tenant during business hours, and stored thereon by Tenant during non-business hours), is prohibited without Landlord’s reasonable opinion violates any of the above's prior written consent. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shallall governmental laws, by reason of ordinances and regulations applicable to the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or Landlord with respect to upon, or connected with, the Premises or with respect to the use or occupation thereof.
10.3Premises, all at Tenant's sole expense. Tenant shall not do permit any objectionable or permit unpleasant odors, smoke, dust, gas noise, or vibrations to be done anything emanate from the Premises, nor take any other action that will invalidate would constitute a nuisance or increase the cost of any firewould disturb, environmentalunreasonably interfere with, extended coverage or endanger Landlord or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall tenants of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door Landlord warrants that the current zoning of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentis "BPD-Business Park District".
10.7. No signB. Tenant and its employees, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant customers and licensees shall have the right non-exclusive rights to install a sign use any parking areas associated with its name and corporate logo on the exterior of the BuildingPremises that have been designated for such use by Landlord, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors (1) all reasonable rules and the directory tablet shall be inscribed, painted or affixed for Tenant regulations promulgated by Landlord at and (2) rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only's parking rights against any third parties. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause sublease any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises parking spaces without Landlord’s prior 's written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentconsent.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Conns Inc)
Use. 10.1Section 4.01. Tenant shall only use and occupy the Premises for: (a) executive and administrative offices, (b) art studios, production facilities, typesetting, slide production, television production and such other uses (other than light or heavy manufacturing) as are then customary in the advertising/communications and public relations business or (c) such retail use as the Landlord shall from time to time reasonably permit (taking into account the notice of the business of the proposed subtenant as appropriate to a first class office building in Manhattan) for so long as Messrs. Pete▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Mich▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ an entity referred to in Section 10.02 (c) or (d) hereof, is the purpose Landlord hereunder From and after such time that Messrs. Pete▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Mich▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ases to be the Landlord hereunder, the ground level space may be used for any lawful purpose. Tenant shall have the right, incident to the uses set forth in sub-sections (a) and (b) to maintain vending machines, kitchens, dining and exercise facilities.
Section 2.124.02. As soon as practicable Landlord shall deliver to Tenant a Certificate of Occupancy permitting the use of the Demised Premises for general and executive offices and, with regard to the ground floor, retail sales ("the Initial Certificate of Occupancy") provided that nothing contained herein shall limit Landlord's obligation contained in Exhibit C to deliver a temporary Certificate of Occupancy on Substantial Completion of Base Building and Tenant Work. If any governmental certificate, license or permit, other than the Initial Certificate of Occupancy to be obtained by Landlord, shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such certificate, license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such certificate, license or permit.
Section 4.03. Tenant shall not at any time use or occupy or suffer or permit anyone to use or occupy the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall Premises, in any way obstruct manner (a) which violates the Certificate of Occupancy for the Demised Premises or interfere with for the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or Building; (b) use which causes injury to the Demised Premises or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building Equipment; (c) which constitutes a violation of applicable laws and regulations or the Project.
10.10. Notwithstanding requirements of any other provision herein to public authorities with jurisdiction or the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out requirements of or in connection with insurance bodies; (d) which impairs the compliance appearance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises building as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.a first-class office building;
Appears in 1 contract
Use. 10.112.1. Tenant shall use the Premises for the purpose set forth in Section 2.12Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.212.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the BuildingBuilding or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section.
10.312.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
10.412.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.512.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the reasonable cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.612.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsillswindowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.712.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant . Signage shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject conform to Landlord’s prior written consentdesign criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for the reasonable cost incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all reasonable costs associated with such installation within thirty (30) days after demand therefor.
10.812.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment.
12.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject.
10.912.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral immoral, unlawful or unlawful objectionable purposes, nor shall Tenant knowingly (c) cause, maintain or permit any nuisance or waste in, on or about the PremisesProject or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Building Premises or that record sounds or images outside the ProjectPremises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion.
10.1012.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) Claims arising out of any such failure of such improvements the Premises to comply with the ADA. Notwithstanding The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). For the foregoingavoidance of doubt, Landlord “Lenders” shall be responsible for all liabilities, costs also include historic tax credit investors and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAnew market tax credit investors. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
12.12. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times.
Appears in 1 contract
Use. 10.1. 10.1 Tenant shall use the Demised Premises for the purpose set forth in Section 2.12, 2.1.9 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without Landlord’s the prior written consent, consent of Landlord which consent Landlord may withhold be withheld in its sole and absolute discretionLandlord's reasonable discretion consistent with the then existing use of the Building.
10.2. 10.2 Tenant shall not use or occupy the Demised Premises in violation of Applicable Laws; any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Demised Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of the abovesaid certificate of occupancy, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority governmental authority having jurisdiction that which shall, by reason of the nature of Tenant’s 's particular use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation occupancy thereof.
10.3. 10.3 Tenant shall not do or permit to be done anything that which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and Project without Landlord's prior written consent, which may be withheld in Landlord's sole discretion (unless Tenant pays the Projectcost of any such increase), and shall comply with all rules, orders, regulations regulations, and requirements of the insurers of the Building and the Project, Project and Tenant shall promptly, promptly upon demand, demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section.
10.4. 10.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. 10.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, Tenant nor shall any changes be made to in existing locks or the mechanisms thereof without Landlord’s prior written consentmechanism thereof. Tenant shallmust, upon termination of this Lease, Lease return to Landlord all keys to offices and restrooms restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. 10.6 No awnings or other projections projection shall be attached to any outside wall of the Buildingbuilding. No curtains, blinds, shades or screens shall be attached to or hung in, or used use in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord’s prior written consent, nor shall any bottles, parcels parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord’s prior written consent.
10.7. 10.7 No sign, advertisement advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s the prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior consent of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the expense of Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything Nothing may be placed on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering.
10.8. 10.8 Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas as defined in Section 1.1, or other offices or premises in the Building. Further, Tenant shall not place any no equipment weighing five hundred (500) pounds pounds, or greater within the Premises without Landlord’s prior written approvalgreater, and such equipment shall be placed in upon the Demised Premises without advance notice to and approved by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment.
10.9. 10.9 Tenant shall not (a) do or permit anything to be done in or about the Demised Premises that which shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the ProjectBuilding, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for immoral immoral, unlawful or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Expansion Lease (Senomyx Inc)
Use. 10.1. 7.1 Tenant shall use the Premises solely for the purpose set forth in Section 2.12, and general office use. Tenant shall not use the Premises, or permit or suffer the Premises to be used, used for any other purpose without Landlord’s the prior written consentconsent of Landlord which shall not be unreasonably withheld, which consent Landlord may withhold in its sole and absolute discretion.
10.2conditioned or delayed. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; law or of the certificate Certificate of occupancy Occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that which is declared or claimed by any Governmental Authority governmental authority having jurisdiction to be a violation of any law or of said Certificate of Occupancy.
7.2 Tenant acknowledges and agrees that the use to which Tenan▇ ▇▇ ▇ermitted to put the Premises, as set forth above, is a material provision of this Lease. Landlord reserves the right, in its reasonable discretion, to withhold its consent to any other use to which the Tenant or Tenan▇'▇ ▇▇oposed assignee or subtenant may wish to put the Premises. Landlord retains the right, in its reasonable discretion, to determine the type and proportion of business within the Building so that in Landlord’s reasonable opinion violates any it does not increase the burden on the Building's services. Any consent by Landlord to a change of the above. use by Tenant shall not be deemed a waiver of Landlord's right to withhold its consent to any subsequent proposed change of use.
7.3 Tenant, at its expense, shall comply with all certificates, rules, orders and regulations of public authority including Federal, State, County and Municipal authorities and with any direction of any Governmental Authority having jurisdiction that shallpublic officer or officers, by reason including all provisions of the nature of American Disabilities Act which relate to or concern the Premises or Tenant’s 's use or occupancy thereof.
7.4 Notwithstanding anything to the contrary in the Lease, during the term of the Lease (and any extensions), Landlord shall maintain the Building (excluding the Premises), Building systems, common areas, and structural elements of the Building but including the structural elements of the Premises, impose if any, in compliance with all laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, building codes, and the requirements of any duty upon Tenant applicable fire insurance underwriter or Landlord rating bureau, now in effect or which may hereafter come into effect, including, without limitations, the Americans with respect to the Premises or with respect to the use or occupation thereof.
10.3Disabilities Act and laws regulating hazardous material (collectively, "Laws"). Tenant shall not do or permit to be done anything that will invalidate or increase the The cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind compliance shall be placed upon any governed by the terms of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consentArticle 5 (Operating Expenses). Tenant shall, upon termination of this Lease, return in respect to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door condition of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not comply with (a) do or permit anything to be done in or about all Laws relating the Premises that shall in any way obstruct or interfere with (excluding the rights structural elements of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs if any); and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.to
Appears in 1 contract
Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)
Use. 10.1The Premises shall be occupied and used by Tenant for the purpose of conducting therein the business of office and light manufacturing. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation accordance with all governmental laws, statutes, orders, ordinances, rules and regulations of Applicable Laws; any governmental authority with jurisdiction affecting the Premises from time to time, including, without limitation, applicable zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect agrees to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rulesdeed restrictions, ordersdeclarations, regulations conditions and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure covenants applicable to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, if any, and to which the “path Premises or Lease is later made subject with Tenant's written consent and to assume and perform any duties or obligations thereunder applicable to the Premises or to the owner of travel” into the Premises. Tenant shall not use, or allow the Premises to be used, for any purpose other than as specified herein and within shall not use or permit the Building (but not within Premises to be used for any unlawful, disreputable or immoral purpose or in any way that will injure the reputation of the Premises, detract from its value, or in violation of any certificate of occupancy applicable to the Premises, or endanger the Premises or unnecessarily increase the applicable insurance premiums payable with respect thereto, or create a nuisance, or permit the Premises to be occupied in whole or in part by any other person, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and otherwise provided herein. Landlord shall indemnify, defend not allow any buildings to be constructed on Landlord's property adjacent to Tenant's Premises which obstruct the free and hold harmless clear view of Tenant's south facing antennas. Tenant from and against requires look angles for antennas which are due south 30 degrees with an elevation of not less than 30 degrees. Any views above 30 degrees shall not be obstructed by building or objects Landlord places adjacent to the Premises. Landlord shall submit any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out plans of any failure building to be constructed on Landlord's property adjacent to Tenant's Premises for Tenant's review to assess how it affects Tenant's antennas. If Tenant determines in Tenant's reasonable discretion under the above criteria that Tenant's antennas are obstructed and so notifies Landlord in writing within ten (10) days of Landlord's notice to Tenant, then Landlord shall modify the location or characteristics of the proposed building until Tenant's antennas are not affected. If Tenant's antennas are obstructed in any way during the term of this Lease, in violation of this section, then it will be the sole cost and responsibility of Landlord to make such aspects relocate Tenant's antenna pad site to a site reasonably agreeable to Tenant. If Landlord does not do so within ten (10) days of written notice from Tenant, then Tenant may terminate the Lease upon 120 days written notification given within ten (10) days of Landlord's failure to do so. This entire Article shall be made a part of the Project comply with covenants for all of the ADAadjacent land that is being purchased by Cherokee Equities from ITT, generally known as 1500 Garden of the Gods Road. The provisions Should Cherokee Equities sell any of this Section 10.10 shall survive such adjacent land and at any time after the expiration or earlier termination execution of this Lease, then the provisions under this Article shall be binding upon the purchasers and the successors and assigns of Cherokee Equities thereafter, for so long as the Stanford Telecommunications' Lease is in effect. Cherokee Equities shall provide legal access to either Garden of the Gods Road or Centennial Boulevard.
Appears in 1 contract
Use. 10.1(a) The Tower Compound is being leased for the purpose of erecting, installing, operating and maintaining radio and communications towers, transmitting and receiving equipment, antennas, dishes, mounting structures, buildings, and related equipment, including but not limited to the installation of a backup generator powered by natural gas which shall be sufficient to service the equipment at the site for a reasonable amount of time to enable restoration of power in the event of a power outage. In connection with Tenant’s installation of its improvements upon the Property (collectively, the “Communications Facility”), Tenant shall provide to Landlord plans and specifications showing the tower, any buildings or shelters, fencing, and the other improvements to be made to the Premises. Landlord agrees to review and approve (or deny, with reasonable justification for such denial) such plans and specifications within thirty (30) days of Landlord’s receipt of the same. If Landlord denies its approval of Tenant’s plans and specifications, it shall provide Tenant with its reasons for denial and any suggestions of Landlord that would facilitate its approval. If so denied, Tenant shall resubmit the plans and specifications to Landlord upon the same terms as are set forth in the previous sentence. Tenant agrees that it shall not construct any equipment, structures, or buildings of any kind that are not necessary, in Tenant’s reasonable opinion, to the operation and maintenance of the Communications Facility. After the initial installation of the tower, shelters and other communications equipment by Tenant, Tenant may make any improvement, alteration or modification to the Premises as are deemed appropriate by Tenant without the prior consent of Landlord so long as such improvements, alterations or modifications do not substantially alter the physical dimensions of the then existing Tower Compound. Tenant acknowledges that the Property is operated as public park and agrees to minimize its impact on the surrounding areas of the park, provided that Landlord acknowledges Tenant’s right to use the Tower Compound and the equipment thereon for the transmission and reception of radio frequencies licensed to Tenant’s customers.
(b) Tenant shall have the exclusive right to install upon the Tower Compound communications towers, buildings, equipment, antennas, dishes, fencing, and other accessories related thereto, and to alter, supplement, and/or modify same as may be necessary, so long as such modifications do not substantially alter the physical dimensions of the Tower Compound. If such modifications will substantially alter the physical dimensions of the Tower Compound, Tenant shall submit plans and specifications to Landlord for its review and approval, with such review and approval upon the same terms and conditions of Landlord’s review of the initial plans and specifications described in Section 5(a) above.
(c) Landlord grants Tenant the right to clear all trees, undergrowth, or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which are on the Premises and may interfere with or fall upon the Communications Facility or Premises. If any other trees outside the Premises may interfere with or fall upon the Communications Facility, Tenant shall notify Landlord in writing. Landlord may cut or trim such trees as necessary in Landlord’s sole discretion, and Tenant shall pay for the cost of such service, provided however that Landlord shall cut or trim trees or remove any other obstructions that materially and adversely affects the intended use of the Tower Compound and access route thereto by Tenant or its customers.
(d) Upon commencement of this Lease, Landlord grants Tenant a non-exclusive easement in, over, across and through other real property owned by Landlord and abutting the Premises, as reasonably required for construction, installation, maintenance, and operation of the Communication Facilities. If Tenant requires the use of portions of Landlord’s property outside of the Premises, Landlord shall have the sole discretion to determine the dimensions and location of such easement areas and Tenant agrees to minimize any impact to the public park located upon the Property.
(e) Tenant shall be entitled to sublease and/or sublicense the Premises, including any communications tower located thereon. At all times during the term of this Lease, Tenant, and its guests, agents, customers, lessees, and assigns shall have the unrestricted, exclusive right to use, and shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. In connection with any sublease of the Premises by Tenant to its customer(s), Landlord shall be entitled to co-location fees in the amount two hundred fifty dollars ($250.00) per month, per subtenant, commencing with the 3rd subtenant to install its equipment within the Tower Compound. Tenant shall have the exclusive right to sublease or grant licenses to use the Premises for radio tower or any structure or equipment on the purpose set forth Tower Compound, but no such sublease or license shall relieve or release Tenant from its obligations under this Lease. Tenant shall certify to Landlord the number of subtenants using the Communications Facility along with each monthly payment to Landlord of any fees associated with subtenants, as provided in this Section 2.125(e).
(f) If at any time during the term of this Lease, the Federal Aviation Administration, Federal Communications Commission, or other governmental agency changes its regulations and shall not requirements, or otherwise takes any action, the result of which materially interferes with Tenant’s use the Premises, or permit any communications tower located thereon, for the purposes originally intended by Tenant , or suffer if technological changes render Tenant’s intended use of the Premises to be usedobsolete or impractical, for any other purpose without Landlord’s prior written consentor if Tenant otherwise determines, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use , with or occupy without cause, that the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued is no longer suitable for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s intended use or occupancy of the Premisesand/or purposes, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section.
10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior terminate this Lease upon written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable notice to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. If Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering.
10.8. Tenant shall cause any office equipment or machinery elects to be installed in the Premises so as terminate this Lease pursuant to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherthis Section 5(f), Tenant shall not place any equipment weighing five hundred pay a termination fee equal to one quarter (5001/4) pounds or greater within of the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed current amount of the annual rent being paid by Tenant to carry Landlord at the weight time of such equipmenttermination.
10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Use. 10.1. (a) Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2Permitted Use. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall will comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Applicable Law (as defined below) relating to Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof.
10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building System and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with operation thereof. Without limiting the provisions of this Section.
10.4Article IV, ▇▇▇▇▇▇▇▇ acknowledges and agrees that the Permitted Use may be accomplished by Tenant or one or more third parties authorized by ▇▇▇▇▇▇. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.
10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary provide reasonable cooperation and accommodation for any such third party to make such change.
10.6perform any activity contemplated by this Agreement. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door Tenant’s use of the Premises other than Landlord’s standard window coverings. Neither is subject to the interior nor exterior following:
(i) present and future zoning laws, ordinances, resolutions and regulations of the municipality in which the Premises lies, and all present and future ordinance, laws, regulations and orders of any windows shall be coated governmental authority, now or hereafter having jurisdiction, so long as they permit or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on regulate the windowsills. No equipment, furniture or other items use of personal property shall be placed on any exterior balcony without Landlord’s prior written consent.the Premises;
10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part (ii) the condition and state of repair of the Premises or as the Building without Landlord’s prior written consentsame may be on the Effective Date; and
(iii) full compliance by Tenant in all respects with Applicable Law.
(b) An authorized representative of Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, during the Term; provided that Tenant shall use commercially reasonable efforts to provide prior notice to Landlord in the event that any such authorized representatives will access the Premises.
(c) In connection with the Permitted Use, Tenant shall have the right to install provide such reasonable security measures, including the posting of warning signs and the installation of a sign with fence, as Tenant may deem, in its name and corporate logo on reasonable discretion, are or may be necessary for the exterior protection of the BuildingSystem or to prevent injury or damage to persons or property, the size, appearance and characteristics of which shall be subject in all cases to Landlord’s prior written consentnormal security procedures and Landlord’s access rights. Interior signs on doors and Landlord shall have the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable right to Landlord. The directory tablet shall be provided exclusively for review any designs related to the display installation of the name and location of tenants onlyfence. Tenant shall not place anything on the exterior use commercially reasonable efforts to incorporate Landlord’s comments to such designs; provided that any comments related thereto are provided within seven (7) days after receipt of the corridor walls or corridor doors other than Landlord’s standard letteringdesigns and such comments do not materially increase the cost to construct the fence.
10.8. Tenant shall cause (d) For purposes of this Agreement, “Applicable Law” means any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Furtherconstitutional provision, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction, registration, license, franchise, permit, authorization, guideline, governmental approval, and consent or requirement of any governmental authority having jurisdiction over such equipment shall be placed in a location designed to carry the weight of such equipment.
10.9. Tenant shall not (a) do person or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Projectits property, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project.
10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of enforceable at law or in connection with equity, including the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), interpretation and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of administration thereof by such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasegovernmental authority.
Appears in 1 contract
Sources: Solar Facilities Lease Agreement