Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 3 contracts
Sources: Sublease, Sublease (Gossamer Bio, Inc.), Sublease (Gossamer Bio, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are Net Multi-Tenant Laboratory 455 Mission Bay/Twist Bioscience - Page 7 required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to triggered by Tenant’s particular use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s any Tenant Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and Common Areas of the Project (but not the Premises) with the Legal Requirements as of the Commencement Date (including compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Datetriggered by Landlord’s Work). Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (make any alterations or modifications to the extent Project that are required by Legal Requirements, including the ADA, unless such Legal Requirement is alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s any Tenant Alterations) , in which case Landlord shall make any such alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal RequirementsProject at Tenant’s expense. Except as provided in the two immediately preceding sentencessentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 3 contracts
Sources: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. To Landlord’s actual knowledge, the Permitted Use will not result in the voidance of or an increase in insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has received no written notice from any Governmental Authority (unless Tenant agrees to pay as defined in Section 9 below) that the cost Project is not in compliance with the applicable provisions of any increase in capacitythe Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”). Landlord shall be responsible responsible, at Landlord’s sole cost and expense (and not as an Operating Expense) for the compliance of the Premises and the Common Areas of the Project with Legal Requirements the ADA as of the Commencement Lease Date. Following To the Commencement extent arising after the Lease Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any alterations or modifications made by Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in the two immediately preceding sentencesIn addition, TenantLandlord shall, at its sole Landlord’s expense, shall make any alterations or modifications to the interior Premises that are required due to the non compliance of the Premises that with Legal Requirements applicable to the Premises as of the Substantial Completion of Landlord’s Work, except to the extent such alterations or modifications are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy any failure of the Premises or Tenant’s Alterationsto comply with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 3 contracts
Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant▇▇▇▇▇▇’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon ▇▇▇▇▇▇’s Share as usually furnished for the Permitted Use. The parties acknowledge that because Tenant is the sole Tenant in the Building (unless Tenant agrees that ▇▇▇▇▇▇’s Share set forth in the immediately prior sentence, with respect to pay the cost of any increase in capacity)Building, shall be 100%. Landlord shall be responsible responsible, at ▇▇▇▇▇▇▇▇’s cost, (i) subject to the terms of the Work Letter, for the compliance of Landlord’s Work with Legal Requirements (including the Premises ADA) as of the date of Shell Substantial Completion, and (ii) for the compliance of the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following Subject to the preceding sentence, following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises (as compared to the use or occupancy by other tenants of the Project) or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises (as compared to the use or occupancy by other tenants of the Project) or Tenant’s Alterations. For purposes Landlord shall obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard and Fitwel certification with respect to the Shell and Core Improvements, and ▇▇▇▇▇▇ agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith. Subject to the terms of the paragraph above in which the term “Energy Savings Costs” is defined, and subject to the terms of Section 1938 of 12, Landlord shall reasonably cooperate with Tenant’s efforts to achieve sustainable renewable electricity sources for the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are Premises at no existing disclosures for Landlord material cost to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsLandlord.
Appears in 2 contracts
Sources: Lease Agreement (Eikon Therapeutics, Inc.), Lease Agreement (Eikon Therapeutics, Inc.)
Use. The Premises Tenant shall be used solely use the Land for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaseconstructing, maintaining, and in compliance with all lawsoperating for profit an amusement facility under the trade name Festival Fun Parks, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, LLC including, without limitation, the Americans With Disabilities Actfollowing amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and other Festival Fun Parks attractions; provided, 42 U.S.C. § 12101however, et seq. (together Tenant can vary the use consistent with the regulations promulgated then highest and best use of the Land, as reasonably determined by Tenant from time to time during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and authorize such alternate use; provided however, Landlord may consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and Improvements in giving or withholding its consent. Subject to such right of Landlord, Landlord acknowledges that Tenant may change the use of the Land pursuant thereto, “ADA”) to Paragraph 6.1 of this Lease. Tenant shall use commercially reasonable efforts to use and permit use of the Land for purposes permitted by this Paragraph 1 which in Tenant’s reasonable opinion will maximize Gross Income (collectively, “Legal Requirements” and each, a “Legal Requirement”as hereinafter defined). Tenant shall, upon 5 days’ written notice from Landlord, discontinue shall not use and shall not permit or suffer the Land or any use portion of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction Land to be a violation used in any manner that would violate the provisions of a Legal Requirementany certificate of occupancy or conditional use permit issued with respect to any of the Improvements, or any other license, permit, or other governmental authorization that is required for the lawful use or occupancy of all or any portion of the Land or the Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and maintain the same throughout the term of this Lease or throughout the duration of the period the same shall be required. Tenant will not use the Land inconsistent with any private covenant, condition or restriction, currently recorded or hereafter consented to in writing by Tenant (“CC&R’s”), any conditional use permit the Premises to be used for (“CUP”) or any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler other zoning or other credits. Tenant shall not permit any part of the Premises restrictive provision to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project Land is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationssubject.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease (Palace Entertainment Holdings, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and with the Common Areas of ADA to the Project with Legal Requirements extent applicable as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to ADA resulting from Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to resulting from Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to resulting from Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsPremises.
Appears in 2 contracts
Sources: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 five (5) business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible responsible, at Landlord’s sole cost, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following Thereafter, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements first applicable to the Project following the Commencement Date, Landlord shall, as an Operating Expense (except to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at arising from Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises Alterations or Tenant’s Alterations) make any alterations particular use or modifications occupancy of the Premises, in which case Tenant shall be responsible for the same. Subject to the Common Areas or the exterior requirements of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentencesWork Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular Alterations or Tenant’s use or occupancy of the Premises or any Tenant Alterationsduring the Term. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular Alterations or Tenant’s use or occupancy of the Premises or Tenant’s Alterationsduring the Term, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of during the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsTerm.
Appears in 2 contracts
Sources: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)
Use. The Premises shall be used solely for office purposes, which includes, but is not limited to, conference and computer facilities, a non-commercial employee kitchen and related facilities, and other legally permitted business office uses consistent with the Permitted Use set forth characteristics of a first-class office building in Dallas, Texas, (the "PERMITTED USE") and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In the event there shall be any increase in the basic lease provisions cost of insurance coverage with respect to the Building which results from Tenant's acts or conduct of business, then Tenant hereby agrees to pay the amount of such increase on page 1 of this Leasedemand. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in compliance such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter applicable regulations of any governmental entity with reference to the Premisesuse, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use condition or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use comply with the Premises in a careful, safe rules and proper manner regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit "H" and made a part hereof. Tenant agrees not to commit or permit waste, overload the floor or structure allow any waste to be committed on any portion of the Premises, subject and at the termination of this Lease to deliver up the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor good condition as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following at the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) ordinary wear and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason tear excepted. The terms of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make this Lease shall control over any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirementsconflict with rules and regulations. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Rules and regulations cannot impose additional economic obligations on Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant and shall be responsible for any fairly applied and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected enforced by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsLandlord.
Appears in 2 contracts
Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (make any alterations or modifications to the extent Project that are required by Legal Requirements, including the ADA, unless such Legal Requirement is alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s any Tenant Alterations) , in which case Landlord shall make any such alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal RequirementsProject at Tenant’s expense. Except as provided in the two immediately preceding sentencessentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy any failure of the Premises or Tenant’s Alterationsto comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 2 contracts
Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
Use. The Tenant shall use the Premises for that use shown as Item 3 of the Basic Lease Provisions and shall not use or permit the Premises to be used solely for any other purpose without the Permitted Use set forth prior written consent of Landlord which consent may be withheld in Landlord's sole discretion. Tenant shall not use or occupy the basic lease provisions on page 1 Premises in violation of this Leaselaw or of the certificate of occupancy issued for the Building, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Tenant will not shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be used for any purpose or in any manner a conclusive determination of that would void fact as between Landlord and Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any part fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA National Fire Protection Association or any other organization performing a similar legal requirementfunction. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Section, but such reimbursement shall not be construed as curing Tenant’s particular use and/or occupancy 's default for failing to comply with the provisions of the Premisesthis Section. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure or annoy them, or using use or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance in, on or machinery to be installed in about the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery or equipment which will overload the floor waste in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsPremises.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With 100 Binney, Cambridge, MA/TCR2 Therapeutics Inc. - Page 12 Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will shall use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises or Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, . Tenant shall not use or using or allowing allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. , Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance of the Premises with such reasonable security or monitoring systems and the Common Areas of the Project with Legal Requirements procedures as of the Commencement DateLandlord may reasonably impose. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s AlterationsPremises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements for which Tenant is responsible hereunder or related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsits Alterations (as defined in Section 12 below), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirement. For purposes of Section 1938 of the California Civil Code(b) Intentionally omitted. ▇▇▇ ▇▇▇▇▇▇, as of the date of this Lease▇▇▇▇▇▇▇▇▇, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.MA/TCR2 Therapeutics Inc. - Page 13
Appears in 2 contracts
Sources: Lease Agreement (Tcr2 Therapeutics Inc.), Lease Agreement (Tcr2 Therapeutics Inc.)
Use. The Subtenant shall use and occupy the Sublease Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasepurposes permitted under, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitationa manner consistent with, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use provisions of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementMaster Lease. Tenant Subtenant will not use or permit the Premises to be used pay for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date damage to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises Sublease Premises, Building or Center, subject to any applicable waiver of subrogation provision, if (i) caused by any act or omission by Subtenant or Subtenant’s employees, agents, licensees, contractors or invitees and (ii) Sublandlord would be used as a “place of public accommodation”, as defined in required to pay for such damage under the ADA or any similar legal requirementMaster Lease. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to Subtenant will comply with the applicable provisions of this Section or otherwise caused by Tenantthe Master Lease and the Center’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe Rules and proper manner Regulations and will not commit cause anywhere in the Center, Building or permit wastein the Sublease Premises, overload (i) any activity or thing contrary to applicable law, ordinance, regulation, restrictive covenant, or insurance regulation; or which is in any way immoral or extra hazardous or could jeopardize the floor coverage of normal insurance policies or structure increase their cost; (ii) waste or nuisance, or any activity causing odors perceptible outside the Sublease Premises; or (iii) overloading the floors or the structural or mechanical systems of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposeBuilding. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant Subtenant shall not erect or place any machinery or equipment which will overload the floor item in or upon the Premises (unless Tenant agrees to pay for any reinforcement of areas outside the floor Sublease Premises, except as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or expressly provided in the Project elevators without the prior written consent of Landlord, which consent this Sublease. Subtenant shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in erect or place any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements item (including, without limitation, compliance signs) in, upon or visible from the exterior of the Building without the consent of Master Landlord and Sublandlord, except as expressly provided in this Sublease. Subtenant shall at Subtenant’s sole cost and expense faithfully observe and promptly comply with all local, state and federal laws, statutes, ordinances and governmental resolutions, orders, rules, regulations and requirements now in force or which may hereafter be in force with respect to Subtenant’s use, occupancy or possession of the Sublease Premises and Subtenant’s business conducted in the Sublease Premises and with the ADA) related requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to Tenant’s particular or affecting the condition, use or occupancy of the Premises or any Tenant AlterationsSublease Premises. Notwithstanding any other provision herein to the contrary, Tenant Subtenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to also comply with any Legal Requirement related to Tenantcovenant, condition or restriction affecting the Building. Subtenant’s particular use or occupancy of obligations under this Paragraph 8 will survive the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date termination of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsSublease.
Appears in 2 contracts
Sources: Sublease Agreement (Avanir Pharmaceuticals), Sublease Agreement (Tenby Pharma Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. § 12101▇▇ ▇.▇.▇. ▇▇▇▇▇, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ ' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant's Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular 's use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 2 contracts
Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)
Use. The Subtenant shall use the Sublease Premises shall be used solely for general office use, dry laboratory (engineering), storage of dry goods only, research and development and other lawful uses reasonably related to or incidental to such specified uses, and otherwise subject to the Permitted Use set forth terms and conditions of the Master Lease. Such permitted uses referred to in the basic lease provisions on page 1 of this Leaseimmediately preceding sentence must be consistent with first class life sciences project in Redwood City, California and in compliance with all with, and subject to, applicable laws. As and where the phrases “Permitted Use” and/or “First Class Life Sciences Projects” is/are used in the Master Lease, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable the same shall be deemed to refer to the uses referred to in the first sentence of this Section 3.2. Subtenant shall not store or use any reagents in the Sublease Premises. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the Sublease Premises for, and or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation, nor permit any auction sale to be held or conducted on or about the Sublease Premises. Subtenant shall not do or 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 thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Sublease Premises which is declared by Subtenant shall cause, directly or indirectly, any Governmental Authority increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord within ten (10) days of Sublandlord’s demand. No such payment by Subtenant shall limit Sublandlord in the 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 95.3.1.1 of the Master Lease) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use on, in or about the Sublease Premises, or transport or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance transportation of any sprinkler such Hazardous Materials to or other credits. Tenant shall not permit any part of from the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Sublease Premises, subject except for limited quantities used or stored at the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Sublease Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsroutine cleaning and maintenance of the Sublease Premises, and then only upon the written consent of Master Landlord and Sublandlord and in compliance with applicable laws.
Appears in 2 contracts
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The provisions of the preceding sentence are intended to apply in the event that Tenant’s use of the Premises changes from the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date. Landlord acknowledges that Landlord does not object to the use which Tenant has disclosed to Landlord that it shall be making of the Premises as of the Commencement Date and Tenant may continue to make such use of the Premises during the Term of the Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld. Except as may be provided under the Work LetterLetter and/or consented to by Landlord in connection with any Alterations, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements solely related to Tenant’s particular use or occupancy of the Premises Premises, provided that if alterations or modifications to the Building or Project (that are not improvements made for the exclusive benefit of another tenant) are required as a result of the occupancy of the Building by one or more tenants, and not as a result solely of Tenant’s Alterationsoccupancy, and the cost of the alterations or modifications shall be paid by Landlord as an Operating Expense. Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 2 contracts
Sources: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, Inc.)
Use. The Premises shall be used solely Tenant, for the Permitted Use set forth use and benefit of Tenant, its agents, employees, customers and licensees, shall, subject to the rights of tenants in the basic lease provisions on page 1 Property having the exclusive right to use certain portions of this Leasethe Common Areas and automobile parking areas, have the non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers and licensees, to use said Common Areas and parking areas during the entire Term, or any extension thereof, for ingress and egress, and automobile parking. The Tenant, in compliance the use of said common and parking areas, agrees to comply with all lawssuch reasonable rules, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants regulations and restrictions now or hereafter applicable charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said Common Areas and parking areas. Such rules may include but shall not be limited to the Premisesfollowing: (i) the restricting of employee parking to a limited, designated area or areas, and (ii) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. Landlord shall have the right, without notice to or consent of Tenant, to alter the Common Areas and/or automobile parking areas from time to time, to change the size, location, elevation and nature of all or any portion of the Property, including the Common Areas, and the stores in the Property; and to remove, repair, alter, improve or rebuild all or any part of the Property, including the Common Areas. Without limiting the foregoing, Landlord expressly reserves the right to modify, from time to time, the Property’s traffic flow pattern, layout of parking spaces and the entrances-exits to adjoining public streets or walkways, to utilize portions of the Common Areas for entertainment and displays, and to do such other acts in and to the use and occupancy thereofCommon Areas, includingas in its judgment may be desirable. Landlord shall have the right to close any Common Areas or other facilities, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction or temporarily to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areathe operations of such facilities, all without being deemed an eviction of Tenant or cause a default by Landlord hereunder. Landlord shall have the disallowance right, at any time, to change the location, shape, height, size, nature and configuration of stores, buildings, drive aisles, parking, and entrances, to locate and construct thereon kiosks, additional buildings and improvements of any sprinkler type, to make alterations or other credits. Tenant shall not permit any part of additions and to build additional stories on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of Shopping Center and the Premises. Tenant will use Any site plan, drawing or similar exhibit relating to the Property, the Shopping Center and/or the Premises contained in a carefulthis Lease are diagrammatic and approximate and is not, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letterdeemed to be, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity a representation or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost warranty of any increase in capacity). Landlord shall be responsible for the compliance location or existence of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior any existing or future tenant, occupant, or owner of the Building that are required by Legal Requirements. Except as provided in Shopping Center or the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsProperty.
Appears in 2 contracts
Sources: Retail Lease Agreement, Retail Lease Agreement
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 2 contracts
Sources: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic 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 any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in compliance with effect during the Term, all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (250) rentable square feet in the Premises. Notwithstanding anything in this Lease to the Premisescontrary, as between Landlord and to Tenant: (a) Tenant shall bear the use and occupancy thereof, including, without limitation, risk of complying with Title III of the Americans With Disabilities ActAct of 1990, 42 U.S.C. § 12101any state laws governing handicapped access or architectural barriers, et seq. and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (together the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the regulations promulgated pursuant theretoDisabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit B), “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any 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 made by Tenant (which is declared risk and responsibility shall be borne by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant). Tenant will shall not use or permit any substantial portion of the Premises to for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurancewhich creates strong, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areaunusual, or cause offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the disallowance of any sprinkler or other creditsBuilding. Tenant shall not knowingly conduct or permit any part of to be conducted in the Premises to be used as a “any activity, or place of public accommodation”, as defined any equipment in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage about the Premises or obstruct the Building, which will invalidate the insurance coverage in effect or interfere with increase the rights rate of Landlord fire insurance or other tenants insurance on the Premises or occupants the Building. If any invalidation of coverage or increase in the Project, including conducting rate of fire insurance or giving notice of other insurance occurs or is threatened by any auction, liquidation, or going out of business sale on insurance company due to activity conducted from the Premises, or using any act or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areasomission by Tenant, or other space its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the Project. Tenant shall not place any machinery contents or equipment which will overload the floor in or upon about the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of LandlordPremises, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shalland, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrarya result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes such increase shall be considered Additional Rent payable with the next monthly installment of action, damages or judgmentsBase Rent due under this Lease, and all reasonable expenses incurred in investigating Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or as a result of Tenant’s AlterationsAlterations (excluding the Tenant Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in After the two immediately preceding sentencesCommencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy any failure of the Premises or Tenant’s Alterationsto comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 2 contracts
Sources: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements Requirements, including the ADA, as of the Commencement Datedate of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterationsalterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentencessentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) ADA related to Tenant’s particular use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsAlterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsAlterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 2 contracts
Sources: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurancethe insurance that Tenant and Landlord are required to maintain pursuant to Section 17 hereof, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 2 contracts
Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in Following the two immediately preceding sentencesCommencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 2 contracts
Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Dimension Therapeutics, Inc.)
Use. To use the Premises only for the Permitted Uses, and from time to time to procure all licenses and permits necessary therefor, at Tenant’s sole expense. With respect to any licenses or permits for which Tenant may apply, pursuant to this subsection 6.1.2 or any other provision hereof, Tenant shall furnish Landlord copies of applications therefor on or before their submission to the governmental authority. Tenant shall be solely responsible for maintaining compliance with all such permits or approvals and shall hold Landlord harmless for any violations thereof by Tenant. The vivarium will be permitted to be operated in the portion of the Premises shown on plans approved by Landlord in accordance with [Exhibit A], and shall be used solely for biopharmaceutical research, development, handling and testing of [rodents and other small mammals] (“Permitted Animals”). If Tenant proposes to use any animals other than the Permitted Use set forth Animals in its operations, it shall first obtain the basic lease provisions on page 1 prior written consent of this LeaseLandlord. Animal testing, and solely of Permitted Animals, shall be permitted subject to the following: (i) all testing shall be conducted in strict compliance with all lawsapplicable governmental rules and regulations and with good scientific and medical practice; (ii) all dead animals, ordersany part thereof or any waste products related thereto, judgmentsshall be disposed of, ordinancesat Tenant’ sole cost and expense, regulationsin strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (iii) no odors, codes, directives, permits, licenses, covenants noises or any similar nuisance shall be permitted to emanate from or permeate outside the vivarium; and restrictions now (iv) Tenant’s use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or hereafter applicable to occupants of the Premises, . Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals into the Premises and shall maintain such permits and approvals during the Lease Term. Tenant shall not use, or suffer or permit the use or occupancy thereofof, or suffer or permit anything to be done in or anything to be brought into or kept in or about the Premises or any part thereof (including, without limitation, any materials, appliances or equipment used in the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use construction or other preparation of the Premises and furniture and carpeting): (i) which is declared by would violate any Governmental Authority of the covenants, agreements, terms, provisions and conditions of this Lease or any other legal requirements; (as defined in Section 9ii) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose unlawful purposes or in any manner that would void Tenant’s or Landlord’s insuranceunlawful manner; (iii) which, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areareasonable judgment of Landlord shall in any way (a) impair, interfere with or otherwise materially diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises, or cause with the disallowance use or occupancy of any sprinkler of the other areas of the Building, or other credits. Tenant shall not permit occasion injury or damage to any part occupants of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting Building; or giving notice (iv) which is inconsistent with the maintenance of any auction, liquidation, or going out of business sale on the Premises. All Hazardous Substances, or using or allowing laboratory chemicals, laboratory animals and other laboratory materials must be brought into the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in via the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsfreight elevator.
Appears in 2 contracts
Sources: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related Requirement, except to the extent arising from Landlord’s negligent or willful acts or omissions. Tenant’s particular use or occupancy indemnity obligations hereunder, however, shall be limited to the extent of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord authority to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationssuch indemnification under applicable law.
Appears in 2 contracts
Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)
Use. (a) The Premises shall be used solely and occupied by Tenant for the Permitted Use use set forth in the basic lease provisions Basic Lease Information and for no other purpose. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating Tenant's specific of the Premises. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any signs on page 1 or visible from the exterior of the Premises, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant shall have the exclusive right to exterior sign(s) adjacent to the Building, with such sign(s) installed at Tenant's expense and only with Landlord's prior consent, which shall not unreasonably be withheld, conditioned or delayed. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Building or the Project or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with all laws, orders, judgmentsany statutes, ordinances, rules, regulations, codesorders and requirements that are not related specifically to Tenant's use and occupancy of the Premises. For example, directivesif any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, permitsor should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, licensessuch work shall be performed by and at the sole cost of Landlord.
(b) Tenant shall strictly comply with all statutes, covenants laws, ordinances, rules, regulations, and restrictions precautions now or hereafter applicable mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials") which Tenant has allowed or caused to be brought on or about the Premises, the Building or adjacent common area. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the use preceding laws or other similar laws, regulations and occupancy thereofguidelines now or hereafter in effect. Tenant shall not cause, or allow anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its members and its and their officers, directors, employees and agents, any entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, "Indemnitees") harmless from and against all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises required or necessary investigation, monitoring, repair, cleanup, or detoxification and the Common Areas preparation of any closure or other required plans, whether such action is required or necessary prior to or following the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date termination of this Lease, as well as penalties, fines and claims for contribution to the Project has not been inspected full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by a certified access specialistTenant or any person claiming under Tenant. Tenant acknowledges and agrees that as of Neither the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for consent by Landlord to provide the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsfrom Tenant's obligation of indemnification set forth above.
Appears in 2 contracts
Sources: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor Building’s Structure or structure of the Premises, Building’s Systems or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole cost and expense, shall make any alterations or modifications obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to the interior of permit Tenant to use and occupy the Premises that are required by Legal Requirements (including, without limitation, compliance of for the Permitted Use in accordance with applicable Law and all insurance requirements. The population density within the Premises with as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein 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 Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall not use or permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Premises other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes shall be considered Additional Rent payable with the next monthly installment of action, damages Base Rent due under this Lease. In no event shall Tenant introduce or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 2 contracts
Sources: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)
Use. The Premises shall may be used solely only for general office purposes in connection with Tenant’s business and may be occupied by no more than four (4) persons per one thousand (1,000) rentable square feet (the “Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal RequirementUse”), but for no other use without Landlord's prior written consent. Tenant shall, upon 5 days’ written notice from Landlord, discontinue shall never make any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of any governmental laws, rules or regulations, whether now existing or hereafter enacted or which is in violation of the general rules and regulations for tenants (a Legal Requirement. Tenant will not use copy of the present rules are attached as Exhibit B) as may be developed or permit the Premises modified from time to be used for any purpose or in any manner that would void Tenant’s or time by Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date provided such rules are uniformly applicable to include activities not customarily being performed by comparable all tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areaBuilding (the "Rules and Regulations"), or cause the disallowance of nor may Tenant make any sprinkler or other credits. Tenant shall not permit any part use of the Premises to be used as a “place of public accommodation”not permitted, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused prohibited, by Tenant’s particular use and/or occupancy of any restrictive covenants which apply to the Premises. Tenant will use the Premises in a careful, safe and proper manner and will may not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to make any use that would damage the Premises is or obstruct may be a nuisance or interfere with the rights of Landlord or other tenants or occupants of the Projecttrespass, including conducting or giving notice of which increases any auction, liquidationinsurance premiums, or going out of business sale makes such insurance unavailable to Landlord on the Premises, or using or allowing Building. In the Premises to be used for event of an increase in any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, 's insurance premiums which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at results from Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular 's use or occupancy of the Premises, Landlord may treat such use as a default hereunder unless Tenant, promptly upon receipt of Landlord’s demand, either discontinues such use or pays the amount of the premium increase. Tenant shall not install any equipment in the Premises that places unusual demands on the electrical, heating or air conditioning systems (“High Demand Equipment”) without Landlord’s prior written consent. No such consent will be given if Landlord determines, in its opinion, that such equipment may not be safely used in the Premises or any Tenant Alterationsthat electrical service is not adequate to support the equipment. Notwithstanding any other provision herein to the contrary, Tenant shall Landlord’s consent may 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 (includingconditioned, without limitation, upon separate metering of the High Demand Equipment and Tenant’s payment of all engineering, equipment, installation, maintenance, removal and restoration costs and utility charges associated with the High Demand Equipment and the separate meter. If High Demand Equipment used in the Premises by Tenant affects the temperature otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install supplemental air conditioning units in the Premises with the reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectivelyengineering, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy installation, operation and maintenance of the Premises or units to be paid by Tenant. All costs and expenses relating to High Demand Equipment shall be Additional Rent, payable by Tenant upon receipt of Landlord’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsinvoice.
Appears in 2 contracts
Sources: Short Term Office Lease (NephroGenex, Inc.), Short Term Office Lease (NephroGenex, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DateBuilding. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterationsalterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the two immediately preceding sentencessentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, subject to the first sentence of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant’s failure to comply with any Legal Requirements as required in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsas provided in this paragraph, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to as required in connection with Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsas provided in this paragraph. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 2 contracts
Sources: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building on the;Olympic Corridor in the basic lease provisions West Los Angeles area (the "Specified Use") and for no other purposes, without Landlord's prior written consent, which consent shall be in Landlord's sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include. but not be limited to:
a) the proposed use will place a disproportionate burden on page 1 the Building systems;
b) the proposed user is for governmental or medical purposes or for a company whose primary business is that of this Lease, and conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building, Tenant shall not do or permit anything to be a violation done in or about the Premises which will materially obstriict or unreasonably interfere with the rights of a Legal Requirement. other tenants or occupants of the Building, or injure them; Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, materially increase permit the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or aboui the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord's reasonable judgrhent would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Building (unless Tenant agrees to pay Building, or that would interfere with or obstruct the cost proper and economical rendition of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsservice.
Appears in 2 contracts
Sources: Office Lease (Platinum Studios, Inc.), Office Lease (Platinum Studios, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements to the extent applicable as a result of Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost amount of any such increase in capacity)to Landlord. Landlord shall be responsible for the compliance Any occupation of the Premises and the Common Areas of the Project with Legal Requirements as of by Tenant prior to the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of under this Lease, except for the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as payment of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsBase Rent or Operating Expense Payments.
Appears in 2 contracts
Sources: Lease Agreement (Virobay Inc), Lease Agreement (Virobay Inc)
Use. The (a) Tenant shall use the Premises only for activities legal under local ordinances and other applicable laws and regulations and for no other purpose without the Landlord's prior written consent.
(b) Tenant shall be used solely for not do, bring or keep anything in or about the Permitted Use set forth Premises that will cause a cancellation of any Insurance covering the Premises or the building in which the basic lease provisions on page 1 Premises are located. If the rate of this Leaseany insurance carried by the Landlord is increased as a result of Tenant's use, and in compliance Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws, orders, judgments, ordinances, including any and all environmental regulations, codes, directives, permits, licenses, covenants and restrictions now concerning the Premises or hereafter applicable to Tenant's use of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With Disabilities Actobligation at Tenant's cost to alter, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areamaintain, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use restore the Premises in a careful, safe compliance and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere conformity with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (all laws relating to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’scondition, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any by Tenant Alterationsduring the term of this Lease. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular not use or occupancy permit the use of the Premises in any manner that will tend to create waste or Tenant’s Alterationsa nuisance or, and Tenant if there shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure be more than one tenant of the Premises to comply with building containing the Premises, which shall unreasonably disturb any Legal Requirement related to Tenant’s particular use or occupancy of other tenant.
(c) Tenant hereby accepts the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, in their condition existing as of the date that Tenant possess the Premises, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the use of the Premises, including all applicable environmental rules and regulations, and accepts this Lease, the Project has not been inspected by a certified access specialistLease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges and agrees that neither the Landlord nor Landlord's agent has made any representation or warranty to Tenant as to the suitability of the date Premises for the conduct of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsTenant's business.
Appears in 2 contracts
Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon Landlord, within 10 days after delivery to Tenant of written demand therefor, for any additional premium actually charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith. The cost to obtain any such certification will not be included as part of Operating Expenses, but any cost to maintain such certification in effect shall be includable as part of Operating Expenses.
Appears in 2 contracts
Sources: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)
Use. The Premises shall be used solely for office purposes (the "PERMITTED USE") and for no other purpose. Neither Landlord nor its agents or employees have made any representation or warranty as to the suitability of the Premises for the Permitted Use set forth conduct of Tenant's business. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In the event there shall be any increase in the basic lease provisions cost of insurance coverage with respect to the Building which results from Tenant's acts or conduct of business, then Tenant hereby agrees to pay the amount of such increase on page 1 of this Leasedemand. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in compliance such a manner as not to unreasonably interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter applicable regulations of any governmental entity with reference to the Premisesuse, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use condition or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant covenants not to introduce any toxic material into or near Building. Without limiting the generality of the foregoing, Tenant shall not store, use or dispose of any toxic material in or near the Building. Tenant shall comply with all applicable federal, state, and local laws or ordinances pertaining to the storage, use or disposal of any toxic material. Tenant will use comply with the Premises in a careful, safe rules and proper manner regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit "H" and made a part hereof. Tenant agrees not to commit or permit waste, overload the floor or structure allow any waste to be committed on any portion of the Premises, subject and at the termination of this Lease to deliver up the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor good condition as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following at the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) ordinary wear and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialisttear excepted. Tenant acknowledges and agrees that as of will not conduct or permit to be conducted any sale by auction on the date of this LeasePremises. (See Addendum, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsSection 5).
Appears in 2 contracts
Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)
Use. (a) The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 10 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementLegal Requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord acknowledges that Tenant intends to install an irradiator in the Premises, the weight of which will exceed 500 pounds and will require movement through Common Areas, and Landlord consents thereto, subject to (i) the delivery to Landlord of a report prepared by a structural engineer reasonably acceptable to Landlord confirming that the installation of the irradiator within the Premises will not adversely affect the structural integrity of the floor, and (ii) coordination of the move and installation with Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense Permitted Use.
(to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is locatedb) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, Tenant shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, at Tenant’s sole expense. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for making (i) all improvements and alterations to the Project (outside of the Premises) which are required to cause the same to comply with all present and future Legal Requirements, and (ii) structural improvements or alterations to the Project (including the Premises) which are required to cause the same to comply with all present and future Legal Requirements, unless in either clause (i) or (ii) such improvements or alterations are required by virtue of Tenant’s particular manner of use of the Premises or any Tenant Alterations. are required as a result of improvements, alterations or modifications made by Tenant.
(c) Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all Claims arising out of or In connection with Tenant’s failure to meet Tenant’s obligations under this Lease to comply with Legal Requirements. As used herein, “Claims” shall mean any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations).
Appears in 1 contract
Sources: Lease Agreement (Pharmathene, Inc)
Use. The (a) Tenant shall use the Premises shall be used solely only for the Permitted Use use set forth in the basic lease provisions on page 1 of this LeaseSubparagraph 1(1), and shall not use or permit the Premises to be used for any other purpose without Landlord's prior written consent, which may be withheld in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Landlord's sole and restrictions now absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or hereafter Project or shall be deemed to be a warranty by Landlord that the Premises are suitable for a particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable to the Premiseslaw, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction applicable authority to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditslaw. Tenant shall not permit comply with any part direction of any such governmental authority which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a “place means of public accommodation”allocating the obligation to make alterations to the Premises in order to comply with present or future laws, as defined it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in the ADA or any similar legal requirementrental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional insurance premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the PremisesParagraph 8. Tenant will use the Premises in a carefulshall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) Violate any governmental regulations, safe and proper manner and will not commit ordinances, or permit waste, overload the floor or structure of laws applicable to the Premises, subject (ii) do or permit anything to be done in or about the Premises to use that would damage the Premises or which will in any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or Project, including conducting or giving notice of any auctioninjure or annoy them, liquidation, (iii) use or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any improper immoral, unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall cause comply with all present and future covenants conditions and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any equipment portion thereof. Tenant shall not commit or machinery suffer to be installed committed any waste in or upon the Premises and shall keep the Premises in good order, condition and repair. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to reasonably prevent sounds properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or vibrations from noise that may be transmitted to the Premises from extending into Common Areas, Building structure or to any other space in the ProjectBuilding or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall not place any machinery or equipment which will overload be responsible for all structural engineering required to determine structural load in the floor in or upon Premises.
(b) Landlord and Tenant acknowledge that the Premises Americans With Disabilities Act of 1990 (unless Tenant agrees to pay for any reinforcement 42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the floor as reasonably determined same may be amended and supplemented from time to be necessary by Landlordtime (collectively, "ADA") establish requirements for business operations, accessibility and barrier removal and that such requirements may or transport or move such items through may not apply to the Common Areas of Premises, the Building and the Project depending on, among other things:
(1) whether Tenant's business is deemed a "public accommodation or in the Project elevators without the prior written consent "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of Landlord, which consent shall not be unreasonably withheldtravel" requirements. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building The parties hereby agree that: (unless Tenant agrees to pay the cost of any increase in capacity). a) Landlord shall be responsible for the ADA Title III compliance of the Premises and in the Common Areas in connection with any development of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense New Building (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is locatedb) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for ADA Title III compliance in the Premises, including any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages tenant improvements or judgments, and all reasonable expenses incurred other work to be performed in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of Premises under or in connection with Legal Requirements related to Tenant’s particular use this Lease, (c) Landlord may perform, or occupancy of the Premises or Tenant’s Alterationsrequire that Tenant perform, and Tenant shall indemnifybe responsible for the cost of ADA Title III "path of travel" requirements triggered by Tenant Alterations in the Premises, defendand (d) Landlord may perform, hold or require Tenant to perform, and save Landlord harmless from and against any and all Claims arising out Tenant shall, except as provided in Clause (a), above, be responsible for the cost of or ADA Title III compliance in connection with any failure the Common Areas. Tenant shall be solely responsible for requirements under Title I of the Premises to comply with any Legal Requirement related ADA relating to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations's employees.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (make any alterations or modifications to the extent Project that are required by Legal Requirements, including the ADA, unless such Legal Requirement is alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s any Tenant Alterations) , in which case Landlord shall make any such alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal RequirementsProject at Tenant’s expense. Except as provided in the two immediately preceding sentencessentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s any Tenant Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Sources: Sublease (Kura Oncology, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, and including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Except to the use and occupancy thereofextent properly included in Basic Costs, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, 42 U.S.C. § 12101the right to assert any and all defenses allowed by law and the right to appeal any decisions, et seqjudgments or rulings to the fullest extent permitted by law. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance exhaustion of any sprinkler and all rights to appeal or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA will make all repairs, additions, alterations or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure improvements necessary to comply with the provisions terms of this Section any final order or otherwise caused by judgment. Tenant’s particular use and/or occupancy , within ten (10) days after receipt thereof, shall provide Landlord with copies of the Premisesany notices it receives with respect to a violation or alleged violation of any Laws. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere comply with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity rules and regulations of the Building (unless Tenant agrees attached hereto as EXHIBIT B and such other rules and regulations adopted and altered by Landlord from time to pay the cost time and will cause all of any increase in capacity)its agents, servants, contractors, employees, customers, licensees and invitees to do so. Landlord All changes to such rules and regulations will be reasonable and shall be responsible for the compliance of the Premises sent by Landlord to Tenant in writing. The rules and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Dateregulations shall be generally applicable, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is and generally applicable to similar buildings applied in the area in which the Project is located) and at Tenant’s expense (same manner, to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other all tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsBuilding.
Appears in 1 contract
Sources: Office Lease (Viewlocity Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises and the Project, and to the Tenant’s use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises Building shell and the Common Areas of the Project with Legal Requirements as of the Rent Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy breach of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialistsaid obligation. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed Net Multi-Tenant Laboratory ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇/Alpine Immune Sciences - Page 9 and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
Appears in 1 contract
Use. The Tenant agrees to use the Premises shall be used solely for general office purposes and agrees not to use nor permit the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises or any part thereof for any other purpose, except that Tenant may use the Premises for the conduct of a securities trading and sales business and, in connection therewith, may operate in the Premises as a trading floor and trading support systems for securities trading and sales. Tenant agrees not to do or permit to be done in or about the Premises or the Building, nor to bring or keep or permit to be brought or kept in or about the Premises or the Building, anything which is declared prohibited by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant or will not use or permit the Premises to be used for any purpose or in any manner that way conflict with any law, statute or governmental regulation now or hereafter in effect, or which would void Tenant’s subject Landlord or Landlord’s insuranceagents to any liability, materially or which is prohibited by the standard form of fire insurance policy, or which will in any way increase the existing rate of (or otherwise affect) fire or any other insurance risk as a result on the Building or any of a change in Tenant’s operations following its contents (with the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part understanding that use of the Premises as general office space and the conduct of a securities trading and sales business as contemplated by this Lease will not cause any such increase in insurance rates). If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord, as Additional Rent, upon demand the amount of such increase. Tenant agrees not to do in, on or about the Premises or the Building, or permit to be used as a “place of public accommodation”done in, as defined in the ADA on or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of about the Premises, subject the Premises to use that would damage the Premises or anything which will in any way unreasonably obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure them, or using use or allowing allow the Premises to be used for any unlawful purposepurpose or any purpose inconsistent with the use generally acceptable in Comparable Buildings (as defined in Paragraph 29(b)). Tenant shall agrees not to cause any equipment or machinery maintain in, on or about the Premises or the Building, or permit in, on or about the Premises, a nuisance, nor to use, or permit to be installed in used from the Premises, any loudspeaker or other device, system or apparatus which can be heard outside the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of LandlordLandlord nor to permit any objectionable odors, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use bright lights or electrical or radio interference from the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity may annoy or water beyond interfere with the existing capacity rights of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use Building or the public. Tenant agrees not to commit or suffer to be committed any waste in or upon the Premises. The provisions of this Paragraph 8 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsBuilding.
Appears in 1 contract
Sources: Lease Agreement (JMP Group Inc.)
Use. The A. Subject to the provisions of Subsection 4.B, Tenant may use the Premises shall be used solely for the operation of a bank branch offering financial services and any other services now or hereafter permitted by Law to be offered by a bank or a bank holding company and any other purpose for which such Premises is being used as of the Commencement Date subject to all Laws and Permitted Use set forth in the basic lease Encumbrances; provided, however, that subject to all Laws, Permitted Encumbrances, including all such restrictions and/or exclusions contained therein, and all other provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Actinsurance requirements of Section 18 and the repair and maintenance responsibilities of Section 12, 42 U.S.C. § 12101Tenant shall (on not less than thirty (30) days’ written notice to Landlord of its intention to do so) have the right at any time and from time to time, et seq. (together with to change the regulations promulgated pursuant theretouse of the Premises, “ADA”) or any portion thereof, from its then current use or any substantially similar use to any other retail or office use (collectively, “Legal Requirements” and each, a “Legal RequirementAlternative Use”). It is agreed that the foregoing use and restriction on use is a material inducement to Landlord entering into this Lease and that Landlord would not enter into this Lease without this inducement. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any shall use of the Premises which is declared and all parking and common areas only as provided by any Governmental Authority (as defined and in Section 9) having jurisdiction accordance with all Encumbrances, subject to be a violation Landlord’s reservation of a Legal Requirementrights herein. Tenant will shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change which is in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance violation of any sprinkler Law or other credits. Tenant shall not permit any part a violation of the Premises to be used as a “place of public accommodation”, as defined provisions set forth in the ADA Section 33 or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlordii) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity violates any certificates of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible occupancy for the compliance Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 18 hereof. Tenant’s occupancy of the Premises will be in compliance with all Laws and the Common Areas of the Project with Legal Requirements Insurance Requirements, and as of the Commencement Dateotherwise provided in this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of Tenant shall neither suffer nor permit the Premises or Tenantany portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might reasonably tend to impair Landlord’s Alterationstitle thereto or to any portion thereof, other than a Permitted Encumbrance, (II) may make any alterations or modifications to the Common Areas or the exterior reasonably possible a claim of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular adverse use or occupancy possession, or an implied dedication of the Premises or any material portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances.
B. If Tenant Alterations. Notwithstanding any other provision herein determines in its sole discretion to permanently cease business operations at the contraryPremises for at least six (6) months, except in the case of renovation or casualty (in which event, Tenant may cease operations during such renovation or casualty) (“Go Dark”), Tenant shall give written notice of such intention to Landlord not less than ninety (90) days prior to elect to Go Dark (“Go Dark Notice”); it being understood and agreed that Tenant shall remain liable for each and every obligation under this Lease with respect to the Premises from and after the date that Tenant elects to Go Dark until the Go Dark Termination Date, if any. At any time following Landlord’s receipt of the Go Dark Notice, Landlord, in its sole and absolute discretion, may elect to terminate this Lease by written notice to Tenant given not less than ninety (90) days prior to the termination date set forth in such notice (“Go Dark Termination Date”). If Landlord so elects to terminate this Lease:
(1) For the avoidance of doubt, on the Go Dark Termination Date, Tenant shall pay to Landlord all Rent which is due or which will be responsible due and payable as of such Go Dark Termination Date (which, for the avoidance of doubt, shall not include any Rent payable with respect to the Premises after the Go Dark Termination Date), including all Special Assessments, Taxes, Utility Charges, or additional sums which Tenant is liable for or for which Tenant has agreed to indemnify Landlord (“Additional Charges”) which are either known or ascertainable at such time, or reasonably determined by Landlord based on the most current available records for Additional Charges, subject to final adjustment. When the actual amount of such Additional Charges has been finally determined, Landlord and Tenant shall promptly adjust such amount and refund or pay any difference to the other party, as the case may be.
(2) Notwithstanding the foregoing provisions of this Subsection 4.B., Tenant shall not have the right to exercise its Go Dark right with respect to the Premises if the same would constitute a breach or default under any Encumbrances; provided, however, that for the purpose of this Subsection 4.B.(2). only, the Landlord Mortgage and all demands, claims, liabilities, losses, costs, expenses, actions, causes related documents shall not constitute an Encumbrance which would prevent the exercise of action, damages or judgmentssuch Go Dark right.
(3) After receipt of the Go Dark Notice, and subject to satisfaction of all reasonable expenses incurred conditions in investigating or resisting this Subsection 4.B., then upon the same (includingGo Dark Termination Date, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsthis Lease shall terminate as aforesaid, and Tenant shall indemnify, defend, hold be released from all further obligations and save Landlord harmless from and against any and all Claims arising out of or in connection liabilities with any failure of respect to the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of and this Lease, which first arise or accrue after the Project has not been inspected by a certified access specialist. Go Dark Termination Date, subject to all obligations of Tenant acknowledges and agrees that as which survive expiration or termination of the date Lease. For avoidance of doubt, Tenant’s election to Go Dark shall not be deemed to be a default or an Event of Default by Tenant under this Lease. Until such time as Landlord delivers a notice setting a Go Dark Termination Date, Tenant shall have the Building has right, in its sole discretion, to deliver a notice to Landlord rescinding its Go Dark Notice.
C. Tenant will not been constructed enter into any agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises (except for any sublease or mortgage on Tenant’s leasehold interest in the Premises, pursuant to any approvals required and that because the Building has not been constructedterms and conditions herein, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsor any other Permitted Encumbrance).
Appears in 1 contract
Sources: Absolute Lease Agreement (First Midwest Bancorp Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code.
732202571.1 Tenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to and occupancy of this Leasethe Premises, and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in compliance with effect during the Term, all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each one hundred and fifty (150) rentable square feet in the Premises. Notwithstanding anything in this Lease to the Premisescontrary, as between Landlord and to Tenant: (a) Tenant shall bear the use and occupancy thereof, including, without limitation, risk of complying with Title III of the Americans With Disabilities ActAct of 1990, 42 U.S.C. § 12101any state laws governing handicapped access or architectural barriers, et seq. and all rules, regulations and guidelines promulgated under such laws, as amended from time to time (together the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the regulations promulgated pursuant theretoDisabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any 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 made by Tenant (which is declared risk and responsibility shall be borne by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant). Tenant will shall not use or permit any substantial portion of the Premises to for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual or in any manner offensive odors, fumes, dust or vapors; which emits noise or sounds that would void Tenant’s are objectionable due to intermittence, beat, frequency, shrillness or Landlord’s insurance, materially increase the insurance risk loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditsabortion issues). Tenant shall conduct its business and control each other Tenant Party so as not permit to create any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA nuisance or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants Landlord in its management of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of about the Premises or Tenant’s Alterations) make any alterations the Building, which will invalidate the insurance coverage in effect or modifications to increase the Common Areas rate of fire insurance or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of 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 any act or omission by Tenant, its agents, employees, representatives or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant Alterations. Notwithstanding any other provision herein to or the contrarycontents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes such increase shall be considered Additional Rent payable with the next monthly installment of action, damages or judgmentsBase Rent due under this Lease, and all reasonable expenses incurred in investigating Landlord’s acceptance of such amounts shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Landlord acknowledges that the currently contemplated use of the Premises by Tenant in a manner consistent with Tenant’s current operations at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ will not violate the foregoing sentence and will not currently result in any increase in Landlord’s insurance premiums. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall shall, at Landlord’ sole cost and expense, be responsible for the compliance of the Project (other than the Premises and which will be constructed pursuant to the Common Areas of the Project Work Letter) with applicable Legal Requirements as of the Commencement Date. Following Date including, without limitation, costs incurred in connection with complying with Legal Requirements specifically attributable to converting the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications Building from an office building to the Common Areas or the exterior of the Building that are required by Legal Requirementsa building which includes laboratory use. Except as provided for in the two immediately preceding sentencessentence with respect to the compliance of the Project (other than the Premises) with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for making (i) all improvements and alterations to the Project (outside of the Premises) which are required to cause the same to comply with all future Legal Requirements, and (ii) structural improvements or alterations to the Project (including the Premises) which are required to cause the same to comply with all future Legal Requirements, unless in either clause (i) or (ii) such improvements or alterations are required by virtue of Tenant’s particular manner of use of the Premises or any are required as a result of improvements, alterations or modifications made by Tenant Alterationsin which case Tenant shall be responsible for the same. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or failure to meet Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises obligations under this Lease to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirements.
Appears in 1 contract
Use. The Premises 8.1 Tenant shall use the Facility for a licensed skilled nursing facility and for no other use without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion.
8.2 Tenant's use of the Facility as provided in this Lease shall be used solely for in accordance with the Permitted Use set forth in following:
8.2.1 Tenant shall not do, bring, or keep, or permit to be done, brought or kept, anything in, on or about the basic lease provisions on page 1 Premises that may cause an invalidation or cancellation of any insurance covering the Facility, and Tenant shall comply with all requirements imposed by any company issuing such insurance.
8.2.2 Tenant shall cause the Facility to be and remain licensed and certified by the applicable state and/or local governmental agencies as the Licensed Facility, and shall maintain such license(s) and certifications during the term of this Lease. At Tenant's sole expense, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable Tenant shall cause the Facility to conform to the Premises, requirements and to provisions of all applicable laws concerning the use and occupancy thereof, of the Facility as licensed including, without limitation, the Americans With Disabilities Actobligation at Tenant's sole cost to alter, 42 U.S.C. § 12101maintain, et seq. (together replace or restore the Facility or any part thereof in compliance and conformity with all laws relating to the regulations promulgated pursuant theretocondition, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)use or occupancy of the Facility as licensed. Tenant shall, upon 5 days’ written notice from shall deliver to Landlord, discontinue any use promptly following receipt thereof, copies of all "A" and "B" Citations respecting the Premises which is declared Facility issued during the term hereof and, if reasonably required by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation Lender or proposed lender, copies of a Legal Requirement. any other inspection reports respecting the Facility issued during the term hereof by any and all governmental agencies which conduct inspections thereof.
8.2.3 Tenant will shall not use or permit the Premises to be used for any purpose or Facility in any manner that would void Tenant’s or Landlord’s insurancewill constitute nuisance, materially increase waste to the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areaFacility, or cause the disallowance unreasonable annoyance to owners or occupants of any sprinkler or other credits. adjacent properties.
8.2.4 Tenant shall not do or permit to be done anything on the Premises that will cause damage to the Facility or any part of the thereof. The Premises shall not be overloaded with furniture, equipment or machinery in such manner that damage is caused to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord any part thereof. No machinery, apparatus or other tenants appliance shall be used or occupants of the Projectoperated in, including conducting on or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing about the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which that will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilationinjure the Facility or any part thereof.
8.2.5 Tenant shall pay all payrolls promptly when due respecting all personnel at the Facility, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord and shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are file all governmental reports required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements pursuant thereto (including, without limitation, compliance payroll tax returns) and shall pay such taxes promptly and before delinquency.
(a) Tenant shall not bring, release, use, generate, manufacture, store or dispose of, or permit to be brought, released, used, generated, manufactured, stored or disposed of, on, under or about the Facility, or transfer or permit to be transferred to or from the Facility, any asbestos, asbestos containing materials, flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (collectively "Hazardous Substances"). There is excluded from this prohibition Hazardous Substances of the Premises with type commonly used in nursing homes in the ADA) related to Tenant’s particular use or occupancy of state in which the Premises or any Tenant Alterations. Notwithstanding any other provision herein Facility is located, subject to the contrarycondition that they are used, Tenant shall be responsible for any stored and disposed of in accordance with all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred applicable law. As used in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.Hazardous Substances
Appears in 1 contract
Use. The a. Tenant covenants with Landlord not to use the Premises for any purpose other than general office use for the conduct of Tenant’s business, a dispatch center and call center incident to the conduct of Tenant’s business, a training facility for Tenant’s employees and as otherwise expressly permitted pursuant to this Lease. Tenant shall not use the Premises or allow the Premises to be used solely for any other purpose without the Permitted Use set forth in the basic lease provisions on page 1 prior written consent of this LeaseLandlord. Tenant, and in compliance at Tenant’s expense, shall comply with all laws, codes, rules, orders, judgments, ordinances, directions, regulations, codesand requirements of federal, directivesstate, permitscounty, licensesand municipal authorities, covenants and restrictions now in force or which may hereafter applicable be in force, which shall impose any duty upon Landlord or Tenant with respect to the use, occupation, operation or alteration of the Premises, and to or the use and occupancy thereofconduct of Tenant’s business therein, including, without limitation, the Americans With with Disabilities ActAct of 1990, 42 U.S.C. § 12101, et seq. as amended (together with the regulations promulgated pursuant thereto, “ADA”) ), and all regulations promulgated thereunder, all Environmental Laws (collectivelyhereinafter defined), and all applicable zoning and recycling laws and regulations (all of the foregoing collectively referred to herein as the “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue at Landlord’s expense, shall comply with all Legal Requirements which shall impose any use duty upon Landlord or Tenant with respect to the condition or maintenance of the Premises to the extent such duty is part of the Landlord Maintenance Obligation hereunder. Tenant, at Tenant’s expense, shall comply with all Legal Requirements which is declared shall impose any duty upon Landlord or Tenant with respect to the condition or maintenance of the Premises to the extent not covered by any Governmental Authority (the preceding sentence as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementLandlord’s obligation. Tenant will shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Project or for any disorderly, unlawful or hazardous purpose. Tenant covenants not to change Tenant’s use of the Premises without the prior written approval of Landlord.
b. Tenant shall not put the Premises to any use, the effect of which use is likely to or does cause cancellation of any insurance covering the Premises or the Project, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any Legal Requirements or the regulations or directives of Landlord’s insurance carriers, or in any manner that would void Tenant’s or Landlord’s insurance, materially increase which interferes with the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance quiet enjoyment of any sprinkler or other credits. Tenant shall not permit any part tenant of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall will not place any machinery install or equipment which will overload the floor operate in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor electrical or other equipment, other than such equipment as reasonably determined to is commonly used in modern offices or as may be necessary by Landlord) or transport or move such items through the Common Areas of the Project or otherwise described in the Project elevators this Lease, without first obtaining the prior written consent of Landlord, which consent shall may not be unreasonably withheld. Except , conditioned or delayed, though Landlord may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as may be provided under occasioned by the Work Letteroperation of said equipment or machinery. Tenant may, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance as part of the Premises Improvements to be undertaken by Tenant in accordance with the Workletter attached hereto as Exhibit E, install to and within the Premises Tenant’s voice, data, video, audio, and other low-voltage control transport system cabling and/or cable bundles and Tenant’s back-up generators (if any), uninterruptible power supply systems (if any) and integrated sound systems (collectively, “Tenant Lines and Systems”). The routing plan for such Tenant Lines and Systems shall be available to Landlord and its agents at the Building upon request. Though some of the Tenant Lines and Systems may be located in Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement DateBuilding, Landlord shall, as an Operating Expense (shall upon request grant Tenant access to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be 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’ feesaccess to any wiring closets, charges building risers, electrical closets, control rooms or mechanical engineering closets) for the purposes of installation, repair, replacement and disbursements maintenance of the Tenant Lines and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy Systems throughout the Term.
c. Tenant shall not place a load upon the floor of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure exceeding the designated floor load capacity of the Premises Project without Landlord’s prior written consent. Business machines, mechanical equipment and materials belonging to comply with any Legal Requirement related Tenant which cause vibration, noise, cold, heat or fumes that may be transmitted to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has or to any other leased space therein to such a degree as to be objectionable to Landlord or to any other tenant in the Project shall be placed, maintained, isolated, stored and/or vented by Tenant at its sole expense so as to absorb and prevent such vibration, noise, cold, heat or fumes or removed if such absorption and prevention cannot been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsbe achieved.
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Sources: Office Lease (Costar Group Inc)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor Building’s Structure or structure of the Premises, Building’s Systems or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole cost and expense, shall make any alterations 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 and all insurance requirements. If as a result of the population density within the Premises as a whole exceeding one person for each three hundred (300) rentable square feet in the Premises (the “Maximum Density”), rebalancing, repairs, modifications or modifications supplements to the interior HVAC serving the Premises are required (“HVAC Corrective Work”), and Tenant requests that such HVAC Corrective Work be performed, the cost of the Premises that are required foregoing shall be borne solely by Legal Requirements Tenant (including, without limitation, compliance to be reimbursed to Landlord within ten (10) days after Landlord’s delivery to Tenant of reasonable evidence of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterationscost thereof). Notwithstanding any other provision herein anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall be responsible for bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages state laws governing handicapped access or judgmentsarchitectural barriers, and all reasonable expenses incurred in investigating or resisting rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “ClaimsDisabilities Acts”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection (except with any failure of the Premises respect to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, requirements existing as of the date of this Lease, ); and (b) Landlord shall bear the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that risk of complying with the Disabilities Acts to the extent applicable to the Premises as of the date of this LeaseLease and in the Common Areas, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a use that results in such portion of the Premises having, on a regular basis, a population density greater than the Maximum Density, such as a high-density “call center”, any other high-density telemarketing use, or any high-density credit processing use. In addition, the Building has Premises shall not been constructed be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall not use or permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Premises other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity which is not a Permitted Use, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises which is not a Permitted Use, or any act or omission by Tenant, or its agents, employees, representatives, or contractors which is not a Permitted Use, such statement or threat shall be conclusive evidence that because the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
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Use. The (a) Tenant shall use and occupy the Leased Premises shall be used solely only for the Permitted Use set forth purposes for which the Leased Premises are being used as of the Commencement Date and for any other motor vehicle or related purpose, and for no other purpose; provided however, in the basic lease event Tenant makes written request that the Leased Premises be replaced by a substitute property pursuant to that certain Substitution Agreement of even date herewith and all the “CARMAX Conditions” (as defined in the Substitution Agreement) have been satisfied with respect to such substitution and Landlord refuses to allow such substitution, then Tenant may use the Leased Premises for any lawful purpose other than any use that will (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase the likelihood that Tenant or Landlord would incur liability under any provisions on page 1 of the Act referred to in Paragraph 26 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable (iii) result or give rise to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use material environmental deterioration or degradation of the Leased Premises. In no event shall the Leased Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose which shall violate any of the provisions of any recorded covenants, restrictions or in agreements applicable to the Leased Premises. Tenant agrees that with respect to any manner that would void Tenant’s such recorded covenants, restrictions or Landlord’s insuranceagreements, materially increase Tenant shall observe, perform and comply with and carry out the insurance risk as a result of a change in Tenant’s operations following the Commencement Date provisions thereof required therein to include activities not customarily being be observed and performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Landlord.
(b) Tenant shall not permit any part unlawful occupation, business or trade to be conducted on any of the Leased Premises and shall comply with all applicable Legal Requirements and Insurance Requirements. Tenant shall not use, occupy or permit any of the Leased Premises to be used as or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a “place manner which would (i) violate any certificate of occupancy or equivalent certificate affecting any of the Leased Premises, (ii) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises, (iii) affect in any manner the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 11 hereof, or constitute a public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason private nuisance or waste.
(c) Subject to all of Tenant’s failure to comply with the provisions of this Section Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither it nor any party claiming by, through or otherwise caused under it, shall do any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Tenant’s particular use and/or occupancy . Landlord may enter upon and examine any of the Premises. Tenant will use the Leased Premises in a careful, safe at reasonable times after reasonable notice and proper manner during business hours and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises exercise any rights and privileges granted to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date provisions of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not, to Tenant’s knowledge, result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand (together with applicable invoices or bills) for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises, the Premises Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Use. The Tenant will occupy the Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit any portion of the Premises to be used for any purpose other than for general office space and related administrative activities consistent with the Permitted Use. Tenant agrees not to use the Premises for any purpose which is unlawful, disreputable, dangerous to life, limb or property, or which creates a nuisance or increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant materially results in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areacost of insurance covering the Building or its contents, or cause Tenant agrees to pay to Landlord the disallowance amount of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used such increased cost as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the PremisesAdditional Rent. Tenant will conduct Tenant’s business and will control Tenant’s employees and use reasonable efforts to control Tenant’s agents, licensees, and invitees in such a manner as not to create any nuisance or unreasonably interfere with, or disturb the Landlord or other tenants in the management and operation of the Building and the Property. Tenant will maintain the Premises in a carefulclean condition, safe and proper manner and will not commit cause or permit wasteobjectionable odors of an unusual or objectionable nature, overload to emanate from the floor or structure Premises at any time. Tenant, at Tenant’s expense, shall comply with, cause Tenant’s employees to comply with, and use reasonable efforts to cause Tenant’s agents, licensees and invitees to fully comply with: (i) the Building Regulations which are attached to this Lease as Exhibit “D” hereto; (ii) all laws pertaining to Tenant’s use of the Premises; (iii) all other legal requirements, subject the Premises including all applicable laws pertaining to air and water quality, hazardous materials, waste and disposal, all emissions, and other environmental matters; and (iv) all zoning and land use that would damage the Premises or obstruct or interfere with the rights matters and any directive of any governmental authority, pursuant to law, which shall impose any duty upon Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (respect to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises by Tenant to include, without limitation, the obligation of Tenant to obtain, at its sole cost and expense, all permits or other government consents from any county, state or federal agency which are required in order for it to perform the Permitted Use on the Premises, and to otherwise comply with such other rules and regulations adopted and altered by Landlord from time-to-time. All such changes to the Building’s Regulations, i.e., Exhibit “D” hereto, will be reasonable, apply equally to all tenants in the Building and shall be sent by Landlord to Tenant in writing. Nothing contained in this Lease will be deemed or construed in any manner as creating a partnership or joint venture between Landlord and Tenant with regard to conducting the Permitted Use on the Premises or between Landlord and any other party with regard thereto, or cause the Landlord to be liable or responsible in any way for the actions, inactions, liabilities, debts or obligations of Tenant or Tenant’s agents, employees, invitees, permitted subtenants, licensees, or concessionaires. Landlord agrees to generally apply and enforce the Building Regulations and any such other rules and regulations in a uniform manner against all tenants. Notwithstanding anything herein or in the Building Regulations or any Tenant Alterations. Notwithstanding any other provision herein rules and regulations to the contrary, Tenant shall no additional rules or regulations or any amendment, change or revision to the Building Regulations may be responsible for any made that (i) diminish Tenant’s rights 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 privileges hereunder (including, without limitation, reasonable attorneys’ feesaccess to or use of the Premises) or (ii) increase Tenant’s obligations hereunder. In the event of any conflict or inconsistency between the terms and provisions of this Lease (other than the Building Regulations) and the Building Regulations or any amendments or modifications thereto, charges the terms and disbursements provisions of this Lease (other than the Building Regulations or such amendments or modifications) shall control. In addition to the foregoing, Tenant specifically covenants and costs agrees that its use of suit) the Premises and Common Areas shall be subject to and in full compliance with the Declaration of Protective Covenants of Quail Springs Office Park, and any current amendments thereto, including the Declaration of Protective Covenants dated as of July 27, 1983, and recorded in Book 4997 at Page 999, in the Office of the County Clerk of Oklahoma County, State of Oklahoma (“Oklahoma County Clerk”), as amended by that certain Amendment to Declaration of Protective Covenants dated as of September 20, 1984, and recorded with the Oklahoma County Clerk in Book 5230 at page 44, as further amended by that certain Second Amendment to Declaration of Protective Covenants dated as of March 17, 1998, and recorded with the Oklahoma County Clerk in Book 7269 at Page 735, as further amended by that certain Third Amendment to Declaration of Protective Covenants dated as of September 30, 2005, and recorded with the Oklahoma County Clerk in Book 9875 at Page 560 (collectively, the “ClaimsDeclaration”) arising out ), all of which subject the Building and the Property to the terms, conditions, restrictions, and provisions therein contained, and as said Declaration is amended from time-to-time. It is expressly understood and agreed that the terms of the Declaration may vary from the terms of this Lease. Landlord represents and warrants that the Declaration does not prohibit or in connection with Legal Requirements related to Tenant’s particular limit use or occupancy of the Premises or Tenant’s Alterations, and by Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of for the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsPermitted Use.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will that would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity)Project. Landlord shall be responsible responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialistPremises. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the First Initial Premises Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements Requirements, including the ADA, as of the Commencement Datedate of this Lease. Following the First Initial Premises Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterationsalterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) ADA related to Tenant’s particular use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “"ADA”") (collectively, “"Legal Requirements” " and each, a “"Legal Requirement”"). Tenant shall, upon 5 days’ ' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided1 however, that if the applicable Governmental Authority grants to Tenant time in addition to such 5 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, materially increase Increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “"place of public accommodation”'', as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance Insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular T▇▇▇▇▇'s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere Interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in In the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will that would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the 111the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon T▇▇▇▇▇'s Share as usually furnished for the Permitted Use. Landlord shall be responsible responsible, at L▇▇▇▇▇▇▇'s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is Is located) and at Tenant’s 's expense (to the extent such Legal Requirement is triggered by reason of Tenant’s's, as compared to other tenants of the Project, particular use of the Premises or Tenant’s 's Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or .alterations .or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges and disbursements and costs of suit) (collectively, “Claims”"claims") arising out of or in connection with Legal Requirements related to Tenant’s particular 's use or occupancy of the Premises or Tenant’s 's Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular 's use or occupancy of the Premises or Tenant’s 's Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Use. The Premises Except as set forth below, each of the Properties shall be used solely for the operation of a Permitted Use Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth in below and except during periods when any of the basic lease provisions on page 1 Properties is untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while any of the Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and in compliance shall diligently conduct its business on each of the Properties as a Permitted Facility. Lessee may cease diligent operation of business at any of the Properties for a period not to exceed 90 days and may do so only once with respect to each Property within any five-year period during the Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy and (iii) pay all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or hereafter applicable other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the Premisescontrary, and to Lessee shall pay the use and occupancy thereofBase Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, includingby itself or through any assignment, without limitationsublease or other type of transfer, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue convert any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction Properties to be a violation of use other than a Legal Requirement. Tenant will not use or permit Permitted Facility during the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators Lease Term without the prior written consent of LandlordLessor's consent, which consent shall not be unreasonably withheldwithheld or delayed. Except as Lessor may be provided under consider any or all of the Work Letter, Tenant shall notfollowing in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the prior written consent of Landlordrental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, use (ii) whether the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond proposed rental to be paid to Lessor is reasonable considering the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular converted use of the Premises or Tenant’s AlterationsProperties and the customary rental prevailing in the community for such use, (iii) make any alterations or modifications to whether the Common Areas or converted use will be consistent with the exterior highest and best use of the Building that are required by Legal Requirements. Except as provided in Properties, and (iv) whether the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations converted use will increase Lessor's risks or modifications to decrease the interior value of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsProperties.
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Sources: Master Lease (Avado Brands Inc)
Use. The Tenant may use the Leased Premises for office and research & development laboratory uses and any ancillary uses thereto provided that such uses are consistent with zoning and other applicable law (“Permitted Use”). Following written notice thereof from Landlord, Tenant shall be used solely for comply with all reasonable rules and regulations adopted by Landlord with respect to the Permitted Use set forth in Gaithersburg Facility and all laws applicable to Tenant’s use and occupancy of the basic lease provisions on page 1 Leased Premises, and shall promptly comply with all governmental orders with regard to any violations of law at the Leased Premises caused or permitted by, or resulting from, Tenant’s occupancy or use thereof or any alterations by Tenant thereto, all at Tenant’s sole expense. In the event of an inconsistency between the rules and regulations and this Lease, the provisions of this Lease shall control. Landlord shall not have any liability to Tenant for any failure of any other tenants to comply with any of the rules and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ shall give prompt notice to Landlord of any written notice from Landlord, discontinue any use Tenant receives of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a alleged violation of a Legal Requirementany law directly related to Tenant’s use or occupancy of the Leased Premises. Tenant will not shall not, at any time during the Lease Term, use or permit occupy the Leased Premises to be used for any purpose or in any manner that would void Tenant’s (i) violate any certificate of occupancy for the Leased Premises; or Landlord’s insurance(ii) constitute a violation of law that is not properly remedied within the notice and cure period set forth herein. Notwithstanding anything to the contrary herein, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date Tenant shall not be required to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, comply with or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Leased Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with any laws, rules, regulations or insurance requirements requiring the provisions construction of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (alterations unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related necessitated solely due to Tenant’s particular use or occupancy manner of use or change in use of the Premises Leased Premises, or any Tenant AlterationsTenant’s alterations, additions, or improvements therein. Notwithstanding any other provision herein to Without limitation of the contraryforegoing, Tenant shall be responsible following the Commencement Date for ensuring that Tenant’s use, occupancy and any alteration requested by Tenant of the Leased Premises (i) complies with applicable law, including the ADA and (ii) complies with all demandsoccupational health and safety laws and regulations. Notwithstanding anything to the contrary in this Lease, claims, liabilities, losses, costs, expenses, actions, causes if the requirement of action, damages any public authority obligates either Landlord or judgments, and all reasonable expenses incurred Tenant to expend money in investigating order to bring the Leased Premises and/or any area of the Building or resisting the same Gaithersburg Facility into compliance with Laws as a result of: (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suiti) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy alteration of the Leased Premises (as opposed to mere office or laboratory use); (ii) Tenant’s Alterationschange in the use of the Leased Premises from mere office or laboratory use; (iii) the manner of conduct of Tenant’s business or operation of its installations, and equipment, or other property therein; (iv) any cause or condition created by or at the instance of Tenant or any Tenant Agent, other than by Landlord’s performance of any work for or on behalf of Tenant; or (v) breach of any of Tenant’s obligations hereunder, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and bear all Claims arising out costs of bringing the Leased Premises and/or Building or in connection Gaithersburg Facility into compliance with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationslaws.
Appears in 1 contract
Use. (a) The Premises shall be used solely only for the Permitted Use of the Premises set forth in Item 26 of the basic Basic Lease Provisions and for any other lawful purpose (a “Future Use”), provided that such Future Use does not conflict with any exclusive use rights granted by Landlord to another tenant at the Project pursuant to a written lease provisions on page 1 of this Leaseentered into by Landlord and such other tenant following the Effective Date, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants for reasonable and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, customary uses ancillary thereto.
(b) Outside storage including, without limitation, the Americans With Disabilities Actdrop shipments, 42 U.S.C. § 12101dock storage, et seq. trucks and other vehicles other than storage areas (together with the regulations promulgated pursuant theretoif any) shown on Exhibit A2, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord’s prior written consent. Tenant shallshall obtain, upon 5 days’ written notice from Landlordat Tenant’s sole cost and expense, discontinue any and all licenses and permits necessary for Tenant’s contemplated 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 RequirementPremises. Tenant will not shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use or permit of the Premises to be used for any purpose or in any manner that would void Tenant’s or Premises, as well as all requirements of Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditscarrier. Tenant shall not permit any part of the Premises objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of emanate from the Premises, subject the Premises to use that nor take any other action which would damage the Premises or obstruct constitute a nuisance or interfere with the rights of Landlord or disturb other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Projecttenants. Tenant shall not place receive, store or otherwise handle any machinery product, material or equipment merchandise which will overload the floor in is explosive or upon the Premises highly inflammable.
(unless Tenant agrees to pay for c) If any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord Requirement shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants the nature of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Project), impose any duty upon Tenant Alterationsor Landlord with respect to (i) modification or other maintenance of the Premises or the Building, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding any other provision herein to the contraryforegoing, Tenant Tenant, at its sole cost and expense, shall be responsible for any the Premises complying with all sprinkler and high pile storage Legal Requirements. If either the Building or Project, including common areas (excluding the Premises), is determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Building or common areas as of the Commencement Date, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all demandsalterations and repairs to the Building or Project, claimsincluding common areas (but excluding the Premises) required by such governmental agencies so that the Building and Project, liabilitiesincluding common areas (but excluding the Premises) comply with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), losseslaws, costsstatutes, expensesbuilding and zoning codes, actions, causes of action, damages or judgmentsordinances, and all reasonable expenses incurred in investigating or resisting governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title III of the Americans With Disabilities Act of 1990), as well as the same (may be amended and supplemented from time to time, including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with all Legal Requirements related that pertain to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsbuilding structure. Notwithstanding the foregoing sentence, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any if there is a “new” Legal Requirement related (a Legal Requirement first enacted or made applicable to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of Project after the California Civil Code, as of the date Commencement Date of this Lease) affecting the Building or the Project (excluding the Premises), which require Landlord to make capital expenditures or repairs to the Project (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the tenants in the Project has not been inspected over its reasonable anticipated useful life as determined by a certified access specialistLandlord’s contractor. Tenant acknowledges and Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees that as of the date of this Lease, to maintain the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant Project (except the Premises) in connection compliance with the California Nonresidential Building Energy Use Disclosure regulationsall Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Invitae Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, Basic Lease Provisions and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Landlord acknowledges that the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand (and delivery to Tenant of reasonable evidence thereof) for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 750 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except Notwithstanding the foregoing, Landlord has reviewed the equipment plans and structural assessment attached hereto as Exhibit L (“Equipment Plans”) and hereby consents to Tenant’s installation of equipment as shown therein. If and to the extent that the Equipment Plans change, Landlord may require a new structural assessment and any such changes shall be provided subject to Landlord’s further consent as required under the Work Letter, this Section. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterationsalterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationssuch Claims.
Appears in 1 contract
Sources: Lease Agreement (Seres Health, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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; unless Tenant is actively contesting any such determination in good faith and by appropriate legal proceedings, provided that Tenant first gives Landlord appropriate assurance reasonably satisfactory to Landlord against any loss, cost or expense on account thereof, and further provided such contest shall not subject Landlord to criminal penalties or civil sanctions, loss of property or civil liability. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Net Laboratory 450 E. ▇▇▇▇▇ ▇▇▇▇▇/AMT - Page 11 Landlord shall be responsible responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, subject to the terms of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any failure of the Premises to comply with Legal Requirements to the extent related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date breach of this Lease, the Project has not been inspected by a certified access specialistsentence. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, and including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws") . Except to the use and occupancy thereofextent properly included in Basic Costs, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, 42 U.S.C. § 12101the right to assert any and all defenses allowed by law and the right to appeal any decisions, et seqjudgments or rulings to the fullest extent permitted by law. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance exhaustion of any sprinkler and all rights to appeal or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA will make all repairs, additions, alterations or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure improvements necessary to comply with the provisions terms of this Section any final order or otherwise caused by judgment. Tenant’s particular use and/or occupancy , within ten (10) days after receipt thereof, shall provide Landlord with copies of the Premisesany notices it receives with respect to a violation or alleged violation of any Laws. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere comply with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity rules and regulations of the Building (unless Tenant agrees attached hereto as EXHIBIT B and such other rules and regulations adopted and altered by Landlord from time to pay the cost time and will cause all of any increase in capacity)its agents, servants, contractors, employees, customers, licensees and invitees to do so. Landlord All changes to such rules and regulations will be reasonable and shall be responsible for the compliance of the Premises sent by Landlord to Tenant in writing. The rules and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Dateregulations shall be generally applicable, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is and generally applicable to similar buildings applied in the area in which the Project is located) and at Tenant’s expense (same manner, to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other all tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsBuilding.
Appears in 1 contract
Use. The Tenant shall occupy and use all of the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises (to the extent not the express obligation of Landlord under this Lease), and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in compliance with effect during the term, all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed what is permitted by applicable Laws. Notwithstanding anything in this Lease to the Premisescontrary, as between Landlord and to Tenant: (a) Tenant shall bear the use and occupancy thereof, including, without limitation, risk of complying with Title III of the Americans With Disabilities ActAct of 1990, 42 U.S.C. § 12101any state laws governing handicapped access or architectural barriers, et seq. and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (together the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the regulations promulgated pursuant theretoDisabilities Acts in the Common Areas, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which is declared risk and responsibility shall be borne by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant). Tenant will shall not use or permit any substantial portion of the Premises to for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurancewhich creates strong, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areaunusual, or cause offensive odors, fumes, dust or vapors; or which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the disallowance of any sprinkler or other creditsBuilding. Tenant shall not knowingly conduct or permit any part of to be conducted in the Premises to be used as a “any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of public accommodation”, as defined fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the ADA rate of fire insurance or other insurance occurs or is threatened by any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for insurance company due to activity conducted from the Premises other than ordinary office uses, or is due to or results from any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section negligent act or otherwise caused omission by Tenant’s particular use and/or occupancy , or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the increase in such rate is due to such act of Tenant or the Premises. Tenant will use the Premises contents or equipment in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of about the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shalland, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrarya result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes such increase shall be considered Additional Rent payable with the next monthly installment of action, damages or judgmentsGross Rent due under this Lease, and all reasonable expenses incurred in investigating Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Regulus Therapeutics Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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 RequirementRequirement ; unless Tenant is actively contesting any such determination in good faith and by appropriate legal proceedings, provided that Tenant first gives Landlord appropriate assurances reasonably satisfactory to Landlord against any loss, cost or expense on account thereof, and further provided such contest shall not subject Landlord to criminal penalties or civil sanctions, loss of property or civil liability. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal RequirementsRequirements . Except as otherwise expressly provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, subject to the terms of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any failure of the Premises to comply with Legal Requirements to the extent related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date breach of this Lease, the Project has not been inspected by a certified access specialistsentence. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementRequirement (provided that Tenant shall have the right, at Tenant’s sole cost and expense, to dispute or appeal such declaration). Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost Premises based upon Tenant’s Share as usually furnished for the Permitted Use. As of the date of this Lease, Landlord has no actual knowledge of any increase in capacity)violation by Tenant of the requirements of this second paragraph of this Section 7. Landlord shall be responsible responsible, at Landlord’s sole cost, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement DateThereafter, Landlord shallshall be responsible, subject to reimbursement as an part of Operating Expense (Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, except to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at arising from Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises Alterations or Tenant’s Alterations) make any alterations particular use or modifications occupancy of the Premises, in which case Tenant shall be responsible for the same. Notwithstanding anything in this Lease to the Common Areas or the exterior contrary, Landlord shall be responsible, at Landlord’s sole cost, for compliance of the Building that are required Project with Legal Requirements triggered solely by Legal Requirementsthe Renovation. Except as otherwise provided in the two immediately preceding sentencesherein, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsfor which Tenant is responsible, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. for which Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsis responsible.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except Following the Commencement Date, except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular specific use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular specific use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Use. (a) The Office Building is to be initially used and occupied by Tenant (and its assignees and subtenants permitted hereunder) solely for general office use and uses customarily incidental or ancillary thereto consistent with office use conducted in comparable class “a” office buildings (in terms of age and size) in the Raleigh, North Carolina market area (“Comparable Office Buildings”), and for no other purpose. Building 2 is to be initially used and occupied by Tenant (and its assignees and subtenants permitted hereunder) as a fitness facility for exercise/health/fitness and uses customarily incidental or ancillary thereto. Building 3 is to be initially used and occupied by Tenant (and its assignees and subtenants permitted hereunder) as an early childhood school and uses customarily incidental or ancillary thereto. Building 4 is to be initially used and occupied by Tenant (and its assignees and subtenants permitted hereunder) as a meeting and event space and uses customarily incidental or ancillary thereto. Tenant shall conduct the uses permitted hereunder in the Non-Office Buildings in a manner that is consistent with the conduct of such amenity uses within office campus projects or developments comparable to the Premises in the Raleigh, North Carolina market area (“Comparable Non-Office Buildings” and together with Comparable Office Buildings, “Comparable Buildings”). Tenant shall be used solely for permitted to change the Permitted Use set forth in the basic lease provisions on page 1 initial use of this Leaseany Non-Office Building without Landlord’s consent, and provided (1) such use is in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, Legal Requirements (including, without limitation, the Americans With Disabilities Actzoning code), 42 U.S.C. § 12101(2) Tenant notifies Landlord in writing at least thirty (30) days prior to making such change in use, et seqand (3) such change in use is being made in order to create additional office space or an amenity area that is consistent with Comparable Non-Office Buildings. (together with All other changes in the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction a Non-Office Building shall be subject to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Except as only in the event of a Permitted License (defined below), in no event may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in be used (a) as a consular office for any manner which will require ventilationforeign government, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, b) as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible office for any and all demandsgovernmental or regulatory authority, claimsagency or bureau, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suitc) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationschurches and/or religious organizations.
Appears in 1 contract
Sources: Lease Agreement (Bandwidth Inc.)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor Building’s Structure or structure of the Premises, Building’s Systems or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the ProjectPremises. Subject to Landlord’s after hours security procedures, including conducting or giving notice of any auctionrepair situations, liquidation, or going out of business sale on the Premises, or using or allowing the Premises and subject to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by events beyond Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter’s reasonable control, Tenant shall not, without have the prior written consent of Landlord, use right to access the Premises in any manner which will require ventilationon a 24-hour, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity)7-day a week basis. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole cost and expense, shall make any alterations or modifications obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to the interior of permit Tenant to use and occupy the Premises that are required by Legal Requirements (including, without limitation, compliance of for the Permitted Use in accordance with applicable Law. The population density within the Premises with as a whole shall at no time exceed one (1) person for each three hundred (300) rentable square feet in the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein 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 Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; or which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes shall be considered Additional Rent payable with the next monthly installment of action, damages Base Rent due under this Lease. In no event shall Tenant introduce or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 1 contract
Use. The Premises shall be used (a) Lessee may only use and occupy the Properties solely for the Permitted Use set forth purpose of operating the assisted living facilities currently located at the Properties, and any other use shall require Lessor’s prior written consent. Lessee covenants that it will obtain and maintain all approvals, licenses and permits needed to use and operate the Properties for their current use under Applicable Laws. Lessee covenants and agrees that it will operate the Property in accordance with and in a manner consistent with prudent operating practices for similar facilities, with a standard and level of care no less than the basic lease standard prevailing as a whole at the Properties on the Effective Date, and that Lessee will maintain its certifications for reimbursement, if any, and licensure and its accreditation, if compliance with accreditation standards is required to maintain the operations of the Properties. Lessee acknowledges that Lessor will have no, and has never had any, involvement in operations or control of the Properties or care of the residents. Lessee shall furnish, within the time period required by each applicable agency after the conclusion of any permitted appeals by Lessee, a plan of correction for any deficiency cited by any regulatory or licensing agency or generated from any survey or report for any Property, and Lessee shall also simultaneously furnish or cause to be furnished to Lessor a copy of such plan of correction, and shall correct or cause to be corrected any deficiency, the curing of which is a condition of continued licensure or for full participation in any program for their existing residents or for new residents to be admitted, by the date required for cure by such agency (plus extensions granted by such agency, and after the conclusion of any permissible appeals by Lessee). Lessee further covenants and agrees that Lessee’s use of the Properties and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Applicable Laws.
(b) Unless otherwise agreed to in writing by Lessor (i) Lessee shall cause the Properties to be managed and operated at all times by Lessee or an Affiliate of Lessee (although Lessee shall remain liable for its obligations under this Lease notwithstanding any management by an Affiliate of Lessee, and Lessee shall inform Lessor in writing prior to delegating any management duties to any Affiliate), (ii) except with respect to an Affiliate of Lessee, Lessee shall not enter into any agreement (oral or written) with respect to such management and leasing activities unless the terms thereof and the proposed manager or leasing agent have been approved in writing by Lessor, (iii) all such management or leasing agreements must be in writing, and (iv) all management or leasing agreements (including but not limited to any such agreements with an Affiliate of Lessee) must contain provisions on page 1 to the effect that (A) the obligation of Lessee to pay management fees is expressly subordinate to its obligation to pay the Rent, and (B) the manager shall not have the right to collect any management fees during the continuance of an Event of Default. For the purposes of this Lease, an “Affiliate” of a person or entity shall mean any other person or entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or under common control with, the subject person or entity. The term “control” (including the terms “controlling,” “controlled by,” and in compliance with all laws“under common control with”) means the possession, ordersdirectly or indirectly, judgmentsof the power to direct or cause the direction of the management or the policies of a person or entity, ordinanceswhether through the ownership of at least 51% of the voting securities or other ownership interest, regulations, codes, directives, permits, licenses, covenants and restrictions now by contract or hereafter applicable to otherwise.
(c) Lessee shall neither suffer nor permit the Premises, and to the use and occupancy Properties or any portion thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for in such a manner as to impair Lessor’s (or Lessee’s, as the case may be) title thereto or to any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areaportion thereof, or cause may reasonably make possible a claim or claims of adverse usage or adverse possession by the disallowance public, as such, or of implied dedication of any sprinkler Property or other creditsany portion thereof. Tenant Lessee shall not knowingly use or occupy or permit any part of the Premises Properties to be used as or occupied, nor knowingly do or permit anything to be done in or on any of the Properties, in a “place of public accommodation”manner which would (i) make void or voidable or cause any insurer to cancel any insurance required by this Lease, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for make it impossible to obtain any such insurance policy by reason of Tenantat commercially reasonable rates, (ii) without Lessor’s failure consent, make void or voidable, cancel or cause to comply with be canceled or release any material warranty, guaranty or indemnity running to the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy benefit of the Premises. Tenant will use Properties or the Premises in a carefulLessor, safe and proper manner and will not commit or permit waste, overload the floor or structure (iii) cause structural injury to any of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationImprovements, or going out of business sale on the Premises, (iv) constitute a public or using private nuisance or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationswaste.
Appears in 1 contract
Sources: Master Lease Agreement (NorthStar Healthcare Investors, Inc.)
Use. The Tenant shall use the Premises for general 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 or permit the Premises to be used solely for any other purpose without the prior written consent 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, retail uses may 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 the Glendale-Pasadena area. Tenant shall not use or occupy the Premises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy, or TCO or its equivalent, issued for the Permitted Use set forth in Building of which the basic lease provisions on page 1 of this LeasePremises are a part, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not use any recorded covenants, conditions and restrictions affecting the Site or permit the Premises to be used for of any purpose law or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areasaid Certificate of Occupancy, or cause the disallowance of any sprinkler TCO or other creditsits equivalent. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined interfere with radio or television broadcasting or reception from or in the ADA Building or any similar legal requirementelsewhere. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly within ten (10) days after demand reimburse Landlord promptly upon demand as additional rent for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section 8, or otherwise caused by if Tenant’s particular use and/or occupancy of does not invalidate, but instead increases the Premisescost of, the insurance, Tenant shall pay for such increased cost. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure or annoy them, or using use or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall cause any equipment not commit or machinery suffer to be installed 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 partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to reasonably prevent sounds distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or vibrations from noise that may be transmitted to the Premises from extending into Common Areas, Building structure or to any other space in the ProjectBuilding shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance cost of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (all structural engineering required to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsdetermine Excess Load.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared declared, in writing, by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s any Tenant Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project Building elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity conditioned or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity)delayed. Landlord shall be responsible responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the two immediately preceding sentencesthis paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement Requirements related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees to reasonably cooperate with Landlord, at no material cost to Tenant, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will that would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity)Project. Landlord shall be responsible responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building Buildings that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Buildings B3 and B4/Singular - Page 11 be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialistPremises. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees that as of the date of this Leaseto reasonably cooperate with Landlord, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The A. Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasegeneral office, administration, research and development, sales and marketing and reasonably ancillary legal uses consistent with all recorded matters, and in compliance conformity with municipal zoning requirements of the City of San Jose, California, other applicable laws, and the character of the Building as a first class institutional quality office building (the “Permitted Use”) that is part of a mixed-use Project, and for no other purpose. Tenant shall comply with all statutes, laws, rules, orders, judgmentsregulations and ordinances affecting the Leased Premises or relating to the use, ordinancesoccupancy or alteration thereof and all the orders or reasonable recommendations of any insurance underwriters, safety engineers, and loss prevention consultants as may from time to time be consulted by Landlord. Without limiting the terms and conditions of Section 6.03.B, below, in addition, if Landlord makes any alteration to any part of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant or in order to comply with any requirement of any statutes, laws, rules, orders, regulations and ordinances applicable to Tenant’s particular use of the Leased Premises (and not office use of the Leased Premises, generally), then Tenant shall reimburse Landlord within thirty (30) days after demand (which demand will include a reasonable substantiation of the cost of the relevant improvements and the reason such improvements are necessary), for the actual out of pocket cost thereof. Tenant acknowledges and agrees that Tenant is solely responsible for determining if its business complies with the applicable zoning regulations, codes, directives, permits, licenses, covenants and restrictions now that Landlord makes no representation (explicit or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”implied) (collectively, “Legal Requirements” and each, a “Legal Requirement”). concerning such zoning regulations.
B. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use at its sole expense: (i) keep the portions of the Leased Premises which that Tenant is declared by any Governmental Authority (as defined obligated to maintain under this Lease in Section 9) having jurisdiction to be a violation good order and condition consistent with the operation of a Legal Requirement. Tenant will first class institutional quality office building that is part of a mixed use project (the “Operating Standard”); (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance use of any sprinkler or other credits. Tenant shall not permit any part portion of the Leased Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause ; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry in accordance with the plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, overload, damage or machinery deface the Leased Premises, or the hallways, stairways, elevators of the Building, the Parking Garage, the Common Areas or the fixtures therein or used therewith, nor permit any hole to be installed made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises so as to reasonably prevent sounds any electrical heating, air conditioning or vibrations from the Premises from extending into Common Areasrefrigeration equipment, or other space in the Project. Tenant shall equipment not place any machinery or equipment shown on approved plans which will overload increase the floor in or upon the Premises (unless Tenant agrees to pay amount of electricity required for any reinforcement use of the floor Leased Premises as reasonably determined to be necessary by Landlord) or transport or move general office space (other than ordinary office equipment such items through as personal computers, printers, copiers and the Common Areas of like), without first obtaining the Project or in the Project elevators without the prior written consent of Landlord, which consent shall will not be unreasonably withheld. Except as withheld or delayed; (ix) not install any other equipment of any kind or nature which will or may be provided under necessitate any changes, replacements or additions to, or in the Work Letteruse of, Tenant shall notthe water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity not be unreasonably withheld or water beyond the existing capacity delayed.
C. In addition to and not in limitation of the Building other restrictions on use of the Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the following uses of the Leased Premises shall not be considered permitted: (unless Tenant agrees 1) any use of the Leased Premises by an organization or Person enjoying sovereign or diplomatic immunity (the foregoing will not be deemed to pay the cost prohibit invitees who are representatives or officials of any increase in capacityU.S., state or foreign government). Landlord shall be responsible for the compliance ; (2) any use of the Leased Premises and the Common Areas by or for an employment agency or bureau (other than Tenant’s normal recruitment activities); (3) any use of the Project Leased Premises for classroom purposes (other than training purposes, including seminars for clients reasonably related to the sale or use of Tenant’s products or other occasional educational events consistent with Legal Requirements the Operating Standard that it may be customary or reasonable for software companies such as Tenant to hold or sponsor); (4) any use of the Commencement Date. Following Leased Premises by or for any user which distributes governmental or other payments, benefits or information to Persons who are required to personally appear at the Commencement DateLeased Premises to collect such benefits; (5) any laboratory use that requires the handling of Hazardous Substances; (6) any medical use involving the treatment of patients or handling of medical waste and/or Hazardous Substances in the Building, Landlord shallother than employee first aid; (7) except as expressly provided in Section 15.01.G, below, retail sales of merchandise to members of the public, other than one or more company stores that may sell products, including clothing branded with Tenant’s logos to Tenant’s employees and/or invitees; (8) any use that interferes with, injures or unreasonably annoys other occupants of the Project; (9) any use that constitutes a nuisance; (10) any use that involves the presence, use, release or discharge of Hazardous Substances (as an Operating Expense defined below); provided, however, that Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Substances for general office purposes (such as toner for copiers and standard cleaning solvents and chemicals found in office cleaning supplies and reasonable quantities of other substances that Tenant may store as required to fulfill Tenant’s maintenance obligations under this Lease), to the extent customary and necessary for the Permitted Use of the Leased Premises, so long as Tenant always handles, stores, uses, and disposes of any such Legal Requirement is generally applicable Hazardous Substances in a safe and lawful manner and does not allow such Hazardous Substances to similar buildings in contaminate the area in which Leased Premises, Building, or Project or surrounding land or environment); (10) any use that could reasonably be expected to have a material adverse effect on the Project is located) and at Tenant’s expense (to utility, use, appearance or value of the extent such Legal Requirement is triggered by reason of Tenant’sBuilding, as compared to other tenants of the Project, particular or any portion thereof; and (11) any other use of the Leased Premises by any user that is not otherwise permitted in this Lease and will attract a volume, frequency or type of visitor or employee to the Leased Premises which is not consistent with the Operating Standard, or that will in any way impose an excessive demand or use on the facilities or services of the Leased Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsBuilding.
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Sources: Office Lease Agreement (Splunk Inc)
Use. The Premises shall be used solely for one or more of the uses defined as the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or other creditsan increased insurance risk or cause the disallowance of any sprinkler credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall shall, at Landlord’s sole cost (and not as an Operating Expense), be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Rent Commencement Date, including the following: (a) accessibility requirements for exterior paving (uneven walks, slip resistance, maximum slopes and cross slopes), (b) accessible parking requirements (parking stall slope, dimensions, signage, and pedestrian access), (c) accessible pedestrian curb cuts and ramps (where required), (d) existing parking striping (parking stall size, adequate drive aisles, signage), (e) existing fire lane (width, access, radius, signage), (f) thresholds at Building entries and exits (to meet accessibility requirements), (g) existing drainage patterns and storm water management (outside of the scope of any proposed exterior improvements, such as a loading dock or generator), existing landscaping and irrigation (height, distances from utilities, obstruction of visibility triangles), (h) existing exterior lighting (as required for exiting and parking lot safety), (i) existing exterior backflow, (j) existing exterior fire alarm bells and fire sprinkler access, and (k) existing exterior Building address numbers only. Following For the avoidance of doubt, Landlord shall, at Landlord’s sole cost (and not as an Operating Expense), be responsible for Title Net Lease 10151 ▇▇▇▇▇▇ Canyon/Tandem - Page 9 24 Energy Calculation upgrades or storm water management code change compliance triggered by Landlord’s Work, the repair or replacement of Structural Items or work undertaken by Landlord at the Project for ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Road. Except as otherwise provided in this Section 7, following the Rent Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except For the avoidance of doubt, notwithstanding anything to the contrary contained in this Lease, except for Landlord’s obligations expressly set forth in this Section 7, Landlord’s obligation to deliver the Premises in water tight condition (subject to the first paragraph of Section 2) and the requirement that Landlord’s Work be completed in accordance with Legal Requirements, Landlord is making no representation regarding (and shall in no event be responsible for) the compliance of the Building with Legal Requirements as provided of the Commencement Date, and Tenant shall be responsible, as part of the construction of the Tenant Improvements, for the compliance of the Building with Legal Requirement as of the Substantial Completion (as defined in the two immediately preceding sentences, Work Letter) of the Tenant Improvements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related applicable to Tenant’s particular use or occupancy of the Premises Premises, Tenant’s construction of the Tenant Improvements and/or any other work undertaken by Tenant at the Project. Notwithstanding the foregoing and for the avoidance of doubt, Tenant shall, at Tenant’s cost, be responsible for any Title 24 Energy Calculation upgrades or storm water management code change compliance triggered by any work undertaken by Tenant Alterationsat the Project including, without limitation, the Tenant Improvements and Alterations and any work undertaken by Tenant in the Common Areas. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related applicable to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements, or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related applicable to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
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Use. The Premises shall be used solely for During the Permitted Use set forth in the basic lease provisions on page 1 full term of this LeaseLease the Tenant shall use the Premises for general office and warehouse purposes only or other uses required to run Tenants day to day operations, and so long as such uses are in compliance with all laws, orders, judgments, ordinances, regulations, local codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to . Any different use by the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without first require the prior written consent of Landlordthe Owner, which consent shall not be unreasonably withheld, delayed or conditioned. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. The Tenant acknowledges and agrees that as the Owner may withhold consent to such different use, and such shall not be unreasonable, if it would (i) violate any restriction or exclusive right granted to another tenant or occupant of the date Building, or entitle another such other tenant or occupant to reduce its rent or terminate its lease, (ii) be in breach of any restrictions applicable to the Building, (iii) involve the storage, use or disposal of any material or substance which is then classified as “hazardous” or “toxic” by any law or regulation, (iv) adversely affect the reputation or image of the Building, as reasonably determined by the Owner, or (v) require the Owner to perform any alterations to the Premises or the Building by reason of any applicable law, code or regulation. The provisions concerning hazardous waste and material set forth in “Appendix I” attached hereto and made a part hereof are hereby made a part of this Lease. The Tenant’s use of the Premises shall be in full compliance with all statutes, ordinances, laws, rules, regulations and restrictive covenants applicable to the Premises, and in a manner which shall not result in a nuisance to or unnecessary disturbance of other tenants of Building. The Tenant shall comply with all rules and regulations of the National Fire Protection Association, the Building has applicable Fire Rating Bureau and any similar body. The Tenant shall not been constructed maintain any item or do anything in or about the Premises which would cause the increase of insurance rates or make such insurance unobtainable. Tenant shall have the right to use and that because occupy the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with Premises on a 24/7/365 basis throughout the California Nonresidential Building Energy Use Disclosure regulationsTerm and any renewal.
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Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor Building’s Structure or structure of the Premises, Building’s Systems or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole cost and expense, shall make any alterations or modifications obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to the interior of permit Tenant to use and occupy the Premises that are required by Legal Requirements (including, without limitation, compliance of for the Premises Permitted Use in accordance with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterationsapplicable Law. Notwithstanding any other provision herein 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 Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. if any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes shall be considered Additional Rent payable with the next monthly installment of action, damages Base Rent due under this Lease. In no event shall Tenant introduce or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
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Sources: Office Lease Agreement (Markit Ltd.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase Increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including inducting conducting or giving notice of any auction, liquidation, or going out of business sale sate on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work LetterLetter attached hereto as Exhibit C, Tenant shall not, . without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant agrees that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to pay the cost execution of any increase in capacity)this Lease. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the die Project is located) and at Tenant’s expense (to the extent such Legal Requirement is Is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
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Use. The Tenant shall use and occupy the Premises shall be used solely only for the Permitted Use use set forth in Article 1.7 of the basic lease provisions on page 1 Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of this LeaseLandlord, and Tenant agrees that it will use the Premises in compliance such a manner so as not to interfere with or infringe upon the rights of other tenants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, ordersstatutes, judgmentsordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting the condition, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now use or hereafter applicable to occupancy of the Premises, and to Premises or the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)Project. Tenant shall, upon 5 days’ written notice from Landlordat its sole cost and expense, discontinue make any and all alterations, improvements or structural changes, that are required by laws, statutes, ordinances and governmental regulations or requirements as a result of Tenant’s particular use of the Premises which is declared or any alterations, additions or improvements made by any Governmental Authority (as defined in Section 9) having jurisdiction Tenant. Any other alterations, improvements or structural changes to be a violation of a Legal Requirement. Tenant will not use or permit the Premises or the Project that are required by laws, statutes, ordinances and governmental regulations or requirements, and not due to be used for any purpose or in any manner that would void Tenant’s particular use of the Premises or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following alterations, additions or improvements, shall be made by Landlord, and the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditscost thereof shall be an Operating Cost. Tenant shall not do or permit any part of the Premises to be used as a “place done anything which will invalidate or increase the cost of public accommodation”any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, as defined in the ADA orders, regulations and requirements of any organization which sets out standards, requirements or any similar legal requirementrecommendations commonly referred to by major fire insurance underwriters. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged charges for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsArticle.
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Use. The Tenant may use the Premises shall be used solely for the Permitted Healthcare Use set forth and for no other use or purpose. Tenant’s use of the Premises must be in the basic lease provisions on page 1 of this Lease, and in compliance accordance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereofLaws, including, without limitation, applicable zoning and land use Laws. In no event shall the Americans With Disabilities ActPremises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or any covenants, 42 U.S.C. § 12101restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises; provided, et seq. however, that this sentence shall not apply with respect to any Permitted Encumbrance in effect on the Date of Rent Commencement so long as (together a) the title insurance policy obtained by Landlord in connection with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use its purchase of the Premises which is declared by (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against any Governmental Authority (as defined in Section 9) having jurisdiction loss arising due to be a violation of a Legal Requirementsuch Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions satisfactory to Landlord and Lender in their sole discretion, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (iii) defeasance or loss of priority of its interest in the Premises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE BY TENANT. Tenant will agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, Tenant shall not use use, occupy or permit the Premises to be used for any purpose or in any manner that would void Tenant’s occupied, nor do or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises anything to be used as a “place of public accommodation”, as defined done in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use on the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity would constitute a public or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises private nuisance or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationswaste.
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Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor Building’s Structure or structure of the Premises, Building’s Systems or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole cost and expense, shall make any alterations or modifications obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to the interior of permit Tenant to use and occupy the Premises that are required by Legal Requirements (including, without limitation, compliance of for the Permitted Use in accordance with applicable Law. The population density within the Premises with as a whole shall at no time exceed one person for each two hundred twenty-five (225) rentable square feet in the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein 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 Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. Landlord and Tenant agree that 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 telemarketing services to its customers, provided that those portions of the Premises 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 are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes shall be considered Additional Rent payable with the next monthly installment of action, damages Base Rent due under this Lease. In no event shall Tenant introduce or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With with Disabilities Act. Notwithstanding the foregoing, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises which is declared by Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Governmental Authority Tenant Related Parties or any alterations, additions, or improvements (as defined in Section 9including the Landlord Work) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings or on behalf of Tenant in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementBuilding electrical system. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of acknowledges that Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or 's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will use comply with the Premises in a careful, safe rules and proper manner regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or permit waste, overload the floor or structure allow any waste to be committed on any portion of the Premises, subject and at the termination of this Lease to deliver up the Premises to use that would damage the Premises or obstruct or interfere Landlord in accordance with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsArticle XXXV hereof.
Appears in 1 contract
Use. The A. Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseUse, and for no other purpose.
B. Landlord shall cause, as of the Term Commencement Date, the Leased Premises, the Building Systems and the Common Areas appurtenant to the Leased Premises to be in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now Legal Requirements applicable thereto. In the event that the Leased Premises or hereafter applicable the Common Areas appurtenant to the PremisesLeased Premises are found to have been in violation of any Legal Requirement as of the Term Commencement Date, Landlord will promptly commence to correct such violation (and to thereafter diligently and continuously pursue such action until such violation is finally corrected) at its sole cost and expense. During the use and occupancy thereofTerm, Landlord shall be responsible for the compliance of the Common Areas with all Legal Requirements, including, without limitation, the requirements of the Americans With with Disabilities Act, Act (42 U.S.C. § 12101, Section 12101 et seq. (together with .) and the regulations promulgated and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, “ADA”as the same may be amended from time to time, to the extent that non-compliance (x) would impair Tenant’s use and occupancy of the Leased Premises for the Permitted Uses or Tenant’s use of the Garage or the Common Areas for their intended purposes; or (collectivelyy) would adversely restrict Tenant’s access to the Leased Premises, “the Garage or the Common Areas (provided that in all cases Landlord shall have the right to contest in good faith any alleged violation of applicable Legal Requirements” , including the right to apply for and eachobtain a waiver or deferment of compliance, the right to assert any and all defenses allowed at law or in equity, and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law). Subject to Landlord’s obligation to deliver the Leased Premises and the Building Systems in compliance with applicable Legal Requirements as of the Term Commencement Date, Tenant shall comply with all Legal Requirements affecting the Leased Premises or relating to the use, occupancy or alteration thereof and all the orders or recommendations of any insurance underwriters, safety engineers, and loss prevention consultants as may from time to time be consulted by Landlord; provided, however, Tenant shall not be obligated to make any structural alterations to the Leased Premises or any alterations to the Building (including the Building Systems (as hereinafter defined) or Common Areas) in order to comply with applicable Legal Requirements, unless such compliance is required solely as a result of (1) the specific manner and nature of Tenant’s use or occupancy of the Leased Premises, as distinguished from general office use, (2) alterations made by Tenant, or (3) a Default by Tenant of any of the provisions of this Lease. If any Legal Requirement requires a permit or license for Tenant’s operation of the business conducted in the Leased Premises, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Leased Premises and the Building shall be subject to all declarations, easements, covenants, conditions and restrictions that may now or hereafter encumber the Building (including the Land), as may be amended from time to time, provided that any future agreements do not (i) have an adverse impact on Tenant’s use of or access to the Leased Premises or the Garage, or (ii) interfere with Tenant’s use of the Leased Premises for the conduct of its business to more than a de minimis extent, or (iii) increase any of Tenant’s monetary obligations under this Lease, (iv) decrease any of Tenant’s rights under this Lease to more than a de minimis extent, (v) increase any of Tenant’s non-monetary obligations to more than a de minimis extent, and/or (vi) cause the usable area of the Leased Premises or its ceiling heights to be reduced beyond a de minimis amount (any of the foregoing, individually or collectively, a “Legal RequirementTenant Adverse Impact”). In addition, if Landlord makes any alteration to any part of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant (after Notice and the expiration of any applicable cure period hereunder with respect thereto), or in order to comply with the requirement of any Legal Requirement and such requirement is a result of Tenant’s particular business or use of the Leased Premises, as distinguished from general office use, then Tenant shall reimburse Landlord upon demand for the cost thereof. In no event shall Tenant use the Leased Premises for purposes which are prohibited by zoning or similar laws or regulations, or covenants, conditions or restrictions of record. Tenant acknowledges and agrees it is solely responsible for determining if its business complies with the applicable zoning regulations, and that Landlord makes no representation (explicit or implied) concerning such zoning regulations. Tenant, its agents and employees shall abide by and observe the rules and regulations attached hereto as Exhibit C, and such other rules or regulations as may be promulgated from time to time by Landlord (and/or the owner of any Common Areas or Project Common Areas) in connection with the use, operation and maintenance of the Building, Common Areas and Project Common Areas, provided that any future changes to the rules and regulations do not have a Tenant Adverse Impact. Landlord shall not be liable to Tenant for violation of any such rules and regulations by any other tenant, its employees, agents, contractors or invitees.
C. Tenant shall, upon 5 days’ written notice from at its sole expense and subject to Landlord, discontinue any use of ’s express obligations under this Lease: (i) keep the Leased Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation good order and condition consistent with the operation of a Legal Requirement. Tenant will first-class office building; (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the use of any portion of the Leased Premises to be used for any unlawful purpose; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry (which floor load is 100 pounds per square foot) in accordance with the plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, overload, damage or deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building (including without limitation, the Land), or the fixtures therein or used therewith, nor permit any hole to be made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner that would void Tenant’s as Landlord may from time to time reasonably designate; (viii) not install or Landlord’s insuranceoperate in the Leased Premises any electrical heating, materially air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the insurance risk amount of electricity required for use of the Leased Premises as a result general office space in excess of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇six (6) ▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part per square foot of the Leased Premises to be used (other than ordinary office equipment such as a “place of public accommodation”personal computers, as defined in printers, copiers and the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy like and exclusive of the Premises. Tenant will use HVAC Service (as hereinafter defined)) without first obtaining the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as , conditioned or delayed; and (ix) not install any other equipment of any kind or nature which will or may be provided under necessitate any changes, replacements or additions to, or in the Work Letteruse of, Tenant shall notthe water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the prior written consent of Landlord, use the Premises which consent shall not be unreasonably withheld, conditioned or delayed.
D. In addition to and not in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity limitation of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular restrictions on use of the Leased Premises or Tenant’s Alterations) make any alterations or modifications to set forth in this Section 4.01, Tenant hereby agrees that the Common Areas or the exterior following uses of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, Leased Premises shall make not be considered to be “office use” and shall not be permitted: (1) any alterations or modifications to the interior use of the Leased Premises that are required by Legal Requirements an organization or person enjoying sovereign or diplomatic immunity; (including, without limitation, compliance 2) any use of the Leased Premises with the ADAby or for any medical or mental health services, or dental practice or any clinical medical services; (3) related to Tenant’s particular any use or occupancy of the Leased Premises by or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.an
Appears in 1 contract
Use. A. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance. In addition, Tenant agrees not to use or permit the use of the Premises for any purpose which would increase the cost of insurance coverage with respect to the Building, unless Tenant agrees to pay such increase in insurance costs and such use is not (i) otherwise prohibited by the Lease, or (ii) dangerous to persons or property. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. Act (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”collectively referred to as "Laws"). Tenant shallTenant, upon 5 days’ written notice from Landlordwithin ten (10) days after receipt thereof, discontinue shall provide Landlord with copies of any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction notices it receives with respect to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance alleged violation of any sprinkler or other creditsLaws. Tenant shall not permit have the right, upon giving prior written notice thereof to Landlord, to contest, at its expense, any part such laws and requirements with which Tenant must comply under this Article V, and, to the extent permitted by such law or other requirement, to defer compliance during the pendency of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA or any similar legal requirement. provided that (a) Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any diligently prosecute such insurance policy by reason of contest; (b) Tenant’s 's failure to comply with such law or requirement will not subject Landlord to any prosecution or criminal penalty, or foreclosure of a mortgage covering the provisions of this Section Building; and (c) Tenant shall defend and indemnify and hold harmless Landlord against all liability for any damages resulting from or otherwise caused by Tenant’s particular use and/or occupancy of the Premisesincurred in connection with such contest or compliance. Tenant will use comply with the rules and regulations of the Building attached hereto as Exhibit B and such other reasonable rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing.
B. Nothing herein shall require Tenant to perform any alterations, additions or improvements to comply with laws or requirements of public authorities under any of the following circumstances (i) such laws or requirements are applicable, generally, to other office space in the Building and are not applicable to the Premises in a careful, safe and proper manner and will not commit solely by reason of the Tenant's unique or permit waste, overload the floor or structure particular use of the Premises, provided that subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is locatedii) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterationsiii) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrarybelow, Tenant shall be responsible for any changes with respect to the Initial Alterations and all demandssubsequent alterations, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, additions and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges improvements performed by Tenant and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related Landlord shall be responsible for changes to Tenant’s particular use or occupancy those elements of the Premises or Tenant’s that are in place on the date possession is delivered to Tenant and are not modified by Tenant as part of the Initial Alterations, and (ii) such laws or requirements would require the installation or upgrading of new or additional mechanical, electrical, plumbing, HVAC or fire/life safety systems on a Building-wide basis without reference to the particular use of Tenant shall indemnifyor any other tenant, defendor (iii) such laws or requirements would affect the Building's structural components, hold and save foundation, roof, exterior windows or exterior walls. Landlord harmless from and against any and will, at Landlord's expense, perform all Claims arising out of or in connection with any failure of the Premises acts required to comply with such laws or requirements as the same affect the Premises and the Building. Landlord shall have the right to contest any Legal Requirement related such laws and requirements with which Landlord must comply under this Article V, and, to Tenant’s particular use the extent permitted by such law or occupancy other requirement, to defer compliance during the pendency of the Premises contest, provided that (a) Landlord shall diligently prosecute such contest; and (b) Landlord's failure to comply with such law or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has requirement will not been inspected by a certified access specialist. subject Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsany prosecution or criminal penalty or unsafe or unhealthful condition.
Appears in 1 contract
Sources: Office Lease (Trenwick Group Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. To Landlord’s actual knowledge, the Permitted Use will not result in the voidance of or an increase in insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has received no written notice from any Governmental Authority (unless Tenant agrees to pay as defined in Section 9 below) that the cost Project is not in compliance with the applicable provisions of any increase in capacitythe Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”). Landlord shall be responsible responsible, at Landlord’s sole cost and expense (and not as an Operating Expense) for the compliance of the Premises and the Common Areas of the Project with Legal Requirements the ADA as of the Commencement Date. Following To the extent first arising after the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any alterations or modifications made by Tenant’s Alterations) make any alterations or modifications to the Common Areas or Project (other than the exterior of the Building Premises) that are required by Legal Requirements, including the ADA. Except as provided in the two immediately preceding sentencesaddition, TenantLandlord shall, at its sole Landlord’s expense, shall make any alterations or modifications to the interior Premises that are required due to the non compliance of the Premises that with Legal Requirements, including the ADA, applicable to the Premises as of the Commencement Date, except to the extent such alterations or modifications are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy any failure of the Premises or Tenant’s Alterationsto comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 1 contract
Sources: Lease Agreement (Fluidigm Corp)
Use. The Tenant shall use and occupy the Premises for Medical Lab purposes and shall be used solely not use or occupy the Premises for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises for sleeping or residence purposes or in violation of law or of the certificate of occupancy issued for the Permitted Use set forth in Premises or the basic lease provisions on page 1 of this LeaseBuilding, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 the shorter of (a) the period allowed by law, and (b) five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by either any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction or the Landlord to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Landlord makes no representation or warranty that the use permitted above will not violate any law, regulation, or order, such being the responsibility solely of Tenant. Tenant will not shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with the respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditsoccupation thereof. Tenant shall not do nor permit to be done anything which will invalidate or increase the cost of any part insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Without waiving any of Landlord’s rights hereunder, Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy Article 10. Notwithstanding anything to the contrary contained in this Lease, including any provision of this Article 10 of the PremisesLease (USE), Tenant shall not operate, conduct or allow anyone to operate or conduct from any portion of the Premises (i) an acute care hospital or similar facility or (ii) an outpatient physical therapy or rehabilitation clinic or service (hereinafter collectively “Excluded Uses”). Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure acknowledges that Landlord is prohibited by contract with another from allowing any portion of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined Excluded Uses. It is hereby expressly declared, stipulated and agreed that the remedies at law to be necessary recover monetary damages for (i) any breach by Landlord) or transport or move such items through the Common Areas Tenant of this provision of the Project Lease or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in (ii) any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or for any of the Excluded Uses are inadequate to compensate Landlord for the harm it will suffer as a result of Tenant’s Alterations) make use of any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior portion of the Premises for any of the Excluded Uses. It is further expressly declared, stipulated and agreed that are required by Legal Requirements (including, without limitation, compliance any use of the Premises with the ADA) related to Tenant’s particular use or occupancy for any of the Premises or any Tenant Alterations. Notwithstanding any other provision herein Excluded Uses shall result in irreparable harm to the contraryLandlord, Tenant shall be responsible for any deemed a nuisance and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, may be enjoined and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected restrained by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsappropriate proceedings.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would be reasonably anticipated to void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise demonstrated by Landlord to be caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under in the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use, which consent shall not be unreasonably withheld, conditioned or delayed so long as Tenant agrees to pay provides for and pays for the cost necessary increases in the applicable capacity of any increase in capacity)the Project. Landlord shall be responsible responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, and except as provided in the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises Premises, the Tenant Improvements or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Sources: Lease Agreement (Alpha Healthcare Acquisition Corp.)
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use uses set forth in the basic lease provisions on page Section 1 of this Leaseabove, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now the Building. Tenant shall not use or hereafter applicable to occupy the PremisesPremises in violation of law or of the Certificate of Occupancy issued for the Building, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not use law or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance said Certificate of any sprinkler or other creditsOccupancy. Tenant shall not permit comply with any part direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used as a “place of public accommodation”, as defined in the ADA use or any similar legal requirementoccupation thereof. Tenant shall comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the PremisesParagraph. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationinjure or annoy them, or going out of business sale on the Premises, use or using or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall cause any equipment comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, the Building, the Common Area or machinery the Project. Subject to Paragraph 23 hereof, tenant shall not commit or suffer to be installed committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance normal wear and tear excepted. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to reasonably prevent sounds properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or vibrations from noise that may be transmitted to the Premises from extending into Common Areas, building structure or to any other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord building shall be responsible for the compliance of the Premises so installed, maintained and the Common Areas of the Project with Legal Requirements used by Tenant as of the Commencement Dateto eliminate such vibration or noise. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related engineering required to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsdetermine structural load.
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand (and reasonable supporting documentation) for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload placing a weight greater than the structural capacity of the floor slab in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldelevators. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s AlterationsPremises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrarycontrary and except as set forth above, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterationsfailure to comply with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related Requirement. Nothing contained in this Section 7 is intended to Tenant’s particular use result in Tenant being responsible for correcting defects or occupancy violations of Governmental Requirements with respect to the Premises or Tenant’s Alterations. For purposes of Section 1938 of which existed prior to the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsCommencement Date.
Appears in 1 contract
Sources: Lease Agreement (Biolex, Inc.)
Use. The Premises shall be used solely only for the Permitted Use Uses set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information and for no other uses. Tenant, at Tenant's expense, shall comply with any CC&R's or supplement thereto recorded in any official or public records with respect to the Project or any portion thereof and in compliance with all laws, rules, orders, judgments, ordinances, regulationsdirections, codesregulations and requirements of federal, directivesstate, permitscounty and municipal authorities now in force or which may hereafter be in force, licenses, covenants and restrictions now which shall impose any duty upon Landlord or hereafter applicable Tenant with respect to the Premisesuse, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use occupation or alteration of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditsPremises. Tenant shall not permit be responsible for obtaining any part permit, business license, certificate of the Premises to be used as a “place of public accommodation”occupancy, as defined in the ADA or other permits or licenses required by any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of governmental agency permitting Tenant’s failure to comply with the provisions of this Section 's use or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use shall comply with the Premises in a carefulrules and regulations attached hereto as EXHIBIT D, safe together with such additional rules and proper manner and will regulations as Landlord may from time to time reasonably prescribe. Tenant shall not commit or permit waste, overload the floor floors or structure of the PremisesBuilding, subject the Premises Premises, the Building, the Common Area or the Project to any use that which would damage the Premises same or obstruct increase the risk of loss or interfere with the rights of Landlord violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on vibrations to emanate from the Premises, take any action which would constitute a nuisance or using would disturb, obstruct or allowing endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery have the right to be installed use for its employees and invitees, on an unreserved basis, the number of Parking Spaces indicated in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectBasic Lease Information. Tenant shall not place any machinery or equipment which will overload use more than the floor in or upon the Premises (unless Tenant agrees number of spaces allocated to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent Tenant. Landlord shall not be unreasonably withheld. Except as may be provided under the Work Letterresponsible for non-compliance by any other tenant or occupant with, Tenant shall notor Landlord's failure to enforce, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost rules or regulations or any other terms or provisions of any increase in capacity)such tenant's or occupant's lease. Landlord shall be responsible for enforce such rules and regulations on a non-discriminatory basis. Tenant shall promptly comply with the compliance reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do any act which shall in any way encumber the Premises title of Landlord in and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this LeasePremises, the Building has not been constructed and that because or the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsProject.
Appears in 1 contract
Sources: Office Lease (Puma Technology Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “"ADA”") (collectively, “"Legal Requirements” " and each, a “"Legal Requirement”"). Tenant shall, upon 5 days’ ' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “"place of public accommodation”", as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant's Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s 's expense (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s's, as compared to other tenants of the Project, particular use of the Premises or as a result of Tenant’s Alterations's Alterations (excluding the Tenant Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in After the two immediately preceding sentencesCommencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's particular use or occupancy of the Premises or any Tenant as a result of Tenant's Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges and disbursements and costs of suit) (collectively, “"Claims”") arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy any failure of the Premises or Tenant’s Alterationsto comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
Appears in 1 contract
Sources: Lease Agreement (BioCardia, Inc.)
Use. The Tenant agrees to use the Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseUse, and in compliance for no other use or purpose. Tenant must comply with the Rules and Regulations, a copy of which is attached as Exhibit C. Tenant will, at its sole cost, comply with, and cause Tenant’s Parties to comply with, all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now Applicable Laws pertaining to the Premises or hereafter applicable to Tenant’s use or occupancy of the Premises, and to the obtain any permits, approvals, or licenses required for such use and occupancy thereof(other than those Landlord has expressly agreed to obtain as part of Landlord Work, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”if applicable). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any shall not use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler Premises or other credits. Tenant shall not permit any part of the Premises Project to be used as considered a “place of public accommodation”” under the ADA. If an Alteration to the Premises or the Project becomes required under any Applicable Law, or requested in a citation issued by a governmental authority, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason a result of Tenant’s failure to comply with the provisions of this Section or otherwise caused by (i) Tenant’s particular use and/or occupancy of the Premises (as opposed to warehouse and distribution with ancillary office uses in general), or (ii) any Alterations performed by or at the request of Tenant, then Tenant shall upon Landlord’s demand, at Tenant’s election make such required Alteration at Tenant’s sole cost or pay Landlord the documented third party costs reasonably incurred by Landlord for the Alteration. Tenant acknowledges that the Premises is not currently separately demised from the remaining 11,834 square feet of office space on the first floor of the Building (such vacant space, the “Vacant Area”). Tenant shall not use or occupy any portion of the Vacant Area, except for gaining access to the elevator and stairwell as necessary to access the Premises. Tenant acknowledges that the utilities for the Premises and the Vacant Area are not separately metered between the Premises and the Vacant Area, and Tenant shall be responsible for payment of the actual costs of all utilities to the Vacant Area, in accordance with the terms of paragraph 8 below, so long as the Vacant Area is not separately metered or used or occupied by a third party tenant. During the Term, so long as the Vacant Area is not demised from the Premises, or used or occupied by a third party tenant, for purposes of determining Landlord’s and Tenant’s respective liabilities for acts or omissions occurring within the Vacant Area, the Vacant Area shall be considered a part of the Premises. Tenant agrees that Landlord may, at any time during the Term, demise the Vacant Area from the Premises, and Tenant agrees that Landlord may have access to the Premises as may be reasonably necessary in connection therewith. Landlord shall demise the Vacant Area from the Premises prior to granting any occupancy rights in the Vacant Area (or any portion thereof) to a third party, provided that Landlord will use demise the Vacant Area from the Premises in a careful, safe manner as to continue to allow Tenant access to the elevator and proper manner and will not commit or permit waste, overload the floor or structure of stairwell as necessary to access the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.
Appears in 1 contract
Sources: Lease (Repro Med Systems Inc)
Use. The Tenant shall occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws applicable 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 any use that would damage the Premises. Subject to Landlord’s after-hours security procedures (which do not prohibit access), repair situations, and subject to events beyond Landlord’s reasonable control, Tenant shall have the right to access the Building (including the Garage) and the Premises on a 24-hour, 7-day a week basis. Tenant, at its sole cost and expense, shall obtain and keep in compliance with effect during the Term, all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. Landlord shall not be obligated to provide Building conditions (including Building systems) designed and configured to accommodate a population density within the Premises as a whole in excess of one (1) person for each 200 rentable square feet in the Premises (the “Building Density Standard”). Tenant may have a population density in excess of the Building Density Standard so long as (a) such density complies with all applicable Laws and (b) provided that if any increase in density beyond the Building Density Standard results in a service failure or hereafter applicable deficiency, Landlord shall have no obligation to remedy any service failure or deficiency due to Landlord’s inability to provide the services required in this Lease at the level set forth herein as a result of Tenant exceeding such Building Density Standard and in such event, Landlord shall not be in default under this Lease for such service failure or deficiency. Notwithstanding anything in this Lease to the Premisescontrary, and to after the use Commencement Date, as between Landlord and occupancy thereof, including, without limitation, Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, 42 U.S.C. § 12101any state Laws governing handicapped access or architectural barriers, et seq. and all rules, regulations, and guidelines promulgated under such Laws, as amended from time to time (together the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the regulations promulgated pursuant theretoDisabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any other than compliance that is necessitated by Tenant’s specific use of the Premises (if different than general office use) or as a result of any Alterations made by Tenant (which is declared risk and responsibility shall be borne by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant). Tenant will shall not use or permit any substantial portion of the Premises to for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable and not customary for general office use due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and such increase shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance. Tenant shall not use or operate the Premises in any manner that would void Tenant’s will cause the Building or any part thereof not to conform with Landlord’s insurance, materially increase Sustainability Practices or certification of the insurance risk Building in accordance with Green Building Certification. In locations where the Building is subject to penalties as a result of a change greenhouse gas (GHG) emissions limit, if the Building is found in violation of the limit, Landlord may reasonably determine the portion of the penalties that are attributable to Tenant and hold Tenant accountable for their portion of the penalty that has been levied on the Building. Landlord shall have the burden to demonstrate to Tenant, the portion of the penalty attributable to Tenant. The portion may be determined using the collection of data from submeters to determine Tenant’s operations following actual energy consumption and emissions, calculations based on the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ areafloor area of tenants’ respective leased spaces, or cause the disallowance number and frequency of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use occupants and/or occupancy of the Premises. Tenant will use the Premises visitors in a carefulleased space, safe and/or operating hours within the Building, a combination of both submetering and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areascalculations, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsmethods.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises; provided, however, that Landlord shall provide Tenant with reasonable evidence that the demand for additional premium is a result of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Nothing contained in the preceding sentence is intended to preclude reinforcement, if necessary, of the floor structure as part of the Tenant Improvements or preclude the use of any equipment shown on the TI Construction Drawings (as defined in the Work Letter). Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense Date (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants i.e. Substantial Completion of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentencesTenant Improvements), Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, Net Multi-Tenant Office/Laboratory 1▇▇▇ ▇▇▇▇▇/▇▇▇▇▇ — Page 9 liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsRequirement.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be liable or responsible for costs incurred in connection with the performance of alterations or modifications to the Project (unless other than the Premises for which Tenant agrees shall be solely responsible) that are required solely due to pay the cost non-compliance of any increase in capacity)the Project with Legal Requirements applicable to the Project (other than the Premises for which Tenant shall be solely responsible) as of the Lease Date. Landlord shall shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Premises and the Common Areas of the Project Building with Legal Requirements the ADA as of the Commencement Date. Following the Commencement Lease Date, including ADA compliance requirements for the restrooms located on the first floor of the Building that are required by Governmental Authorities in connection with the issuance of the building permits required by Tenant for the construction of the Tenant Improvements. 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 locatedlocated and except to the extent expressly excluded from Operating Expenses in Section 5) and or at Tenant’s expense expenses (to the extent such Legal Requirement is triggered applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s AlterationsPremises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, Tenant’s construction or installation of the Tenant Improvements or subsequent alterations to the Premises made by Tenant, but only to the extent such alterations or any Tenant Alterationsmodifications are particular to the Premises and are not generally applicable to all premises in the Building (for example, sprinkler system upgrades generally applicable to the Building shall be a capital expenditure performed by Landlord as an Operating Expense). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s AlterationsRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use Requirement. The repairs, corrections or occupancy replacements required of Landlord or of Tenant under the Premises foregoing provisions of this Section 7 shall be made by Landlord or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Leaseapplicable, the Project has not been inspected by within a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord reasonable time after being required to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsdo so.
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Sources: Lease Agreement (Prothena Corp PLC)
Use. The Tenant shall continuously occupy and use the Premises shall be used solely only for the Permitted Use (as set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and in compliance occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Without limiting the generality of the foregoing, Tenant shall comply with all lawseasements, orderscovenants, judgmentsconditions and restrictions, ordinancesand similar instruments, regulationstogether with any and all amendments thereto made from time to time, codesand each of which has been or is hereafter recorded in the Official Records of the county in which the Building is located. Tenant, directivesat its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, covenants and restrictions now or hereafter other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each five hundred (500) square feet in the Premises. Notwithstanding anything in this Lease to the Premisescontrary, as between Landlord and to Tenant: (a) Tenant shall bear the use and occupancy thereof, including, without limitation, risk of complying with Title III of the Americans With Disabilities ActAct of 1990, 42 U.S.C. § 12101any state laws governing handicapped access or architectural barriers, et seq. and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (together the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the regulations promulgated pursuant theretoDisabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which is declared risk and responsibility shall be borne by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant). Tenant will The Premises shall not use or permit the Premises to be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Moreover, the Premises shall not be used for any purpose which emits vibrations, noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness. Without limiting the foregoing, if any other tenant or occupant of the Project reasonably complains about noise emanating from the Premises, Tenant shall immediately cease such noise and shall be responsible, at Tenant’s sole cost and expense, for soundproofing the Premises to prevent the emission of such excessive noise. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall store all trash and garbage within the Premises or in any manner that would void a trash dumpster or similar container approved by Landlord as to type, location and screening; and Tenant shall arrange for the regular pick-up of such trash and garbage at Tenant’s or Landlord’s insuranceexpense (unless Landlord finds it necessary to furnish such a service, materially increase in which event Tenant shall be charged an equitable portion of the insurance risk as a result total of a change in Tenant’s operations following the Commencement Date charges to include activities not customarily being performed by comparable all tenants in comparable buildings using the service). Receiving and delivery of goods and merchandise and removal of garbage and trash shall be made only in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditsmanner and areas prescribed by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA operate an incinerator or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section burn trash or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in garbage within the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of about the Premises or Tenant’s Alterations) make any alterations the Building, which will invalidate the insurance coverage in effect or modifications to increase the Common Areas rate of fire insurance or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of 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 any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant Alterations. Notwithstanding any other provision herein to or the contrarycontents or equipment in or about the Premises, and, as a result thereof, Tenant shall be responsible liable for any such increase and all demands, claims, liabilities, losses, costs, expenses, actions, causes such increase shall be considered Additional Rent payable with the next monthly installment of action, damages or judgmentsBase Rent due under this Lease, and all reasonable expenses incurred in investigating Landlord’s acceptance of such amounts shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related permit to Tenant’s particular use or occupancy of be kept on the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, brought into the Building has not been constructed and that because the Building has not been constructedany dangerous, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsnoxious, radioactive or explosive substance.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor weighing 500 pounds or more in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity). Landlord shall be responsible Premises based upon Tenant’s Share as usually furnished for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement DatePermitted Use. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code732202571.1 Tenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Tenant shall use the Premises for General Office use and shall not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, Building or Project and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Tenant will not shall comply with any direction of any governmental authority having jurisdiction as well as the provision of any covenants, conditions and restrictions or similar recorded documents affecting the Project which shall be reason of the nature of Tenant's use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ area, or cause the disallowance of any sprinkler or other creditsoccupation thereof. Tenant shall not do or permit any part to be done anything which will invalidate or increase the cost covering the Project or Premises and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premisesparagraph. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationinjure or annoy them, or going out of business sale on the Premises, use or using or allowing allow the Premises to be used for any improper, immoral, unlawful purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance in, on or machinery to be installed in about the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery or equipment which will overload the floor waste in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulationsPremises.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 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 if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any increase in capacity). Landlord shall be responsible responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will that would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements Requirements, including the ADA, as of the Commencement Datedate of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular specific use of the Premises or Tenant’s Alterationsalterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 7 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the ▇▇▇▇▇▇ ▇▇▇▇▇ arearisk, or cause the disallowance of any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by TenantT▇▇▇▇▇’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will would overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of LandlordLandlord (which consent shall not be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees Project as proportionately allocated to pay the cost of any increase in capacity)Premises based upon T▇▇▇▇▇’s Share as usually furnished for the Permitted Use. Landlord shall (a) subject to the terms of the Work Letter, be responsible for the compliance of the Premises and with Legal Requirements as of the Commencement Date, and, (b) at no cost or expense to Tenant, be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant AlterationsPremises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 11 Alterations, and Tenant T▇▇▇▇▇ shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to TenantT▇▇▇▇▇’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil CodeTenant acknowledges that Landlord may, as of the date of this Leasebut 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 has not been inspected by a certified access specialist. and/or the Premises, and Tenant acknowledges agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant such information and/or documentation as Landlord may reasonably request, in connection with the California Nonresidential Building Energy Use Disclosure regulationstherewith.
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