Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent. (b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)
Use. (a) The Tenant shall use and occupy the Premises shall be used only for executive a medical and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information beauty consultation and administration office and for no other purposes whatsoeverpurpose. The statement as to 5 In the particular nature of event the business to be conducted by Tenant in uses the Premises and uses to be made thereof by Tenant as set forth in for purposes not expressly permitted herein, the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for may terminate the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponLease, or connected withwithout notice to Tenant, the Premises, all at Tenant's sole expenserestrain said improper use by injunction. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any objectionable way increase the existing rate of or unpleasant odorsaffect any fire or other insurance upon the Building or any of its contents, smoke, dust, gas, noise or vibrations cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to emanate from be done in or about the Premises, nor take Premises which will in any way obstruct or interfere with the rights of other action which would constitute a nuisance Tenants or would disturb or endanger any other tenants occupants of the Building or unreasonably interfere with their injure or annoy them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or allow to be committed any manner (including without limitation any method of storage) which would render waste in or upon the insurance thereon void or Premises. In the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by event Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's permitted use of the Premises increases the existing rate of or affects any fire or other insurance, then and in that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the Premises as a Tenant, or by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall be deemed to have accepted the same and to have acknowledged that the Premises are conclusively in the condition required by the Lease. This Lease does not exceed allowable design floor loading for grant Tenant any right of air and light over and about the Premises or the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
Use. 5.1 Lessee (aand its permitted assignees and subtenants) The shall use the Premises shall be used only for executive and administrative offices for the conduct of Tenant's general business, limited to administrative and sales and related purposes, not in violation of the uses specifically set forth in the Basic Lease Information restrictive covenants hereinafter referred to, and for no other purposes whatsoeverpurpose without the prior written consent of Lessor. The statement as to the particular nature of the Lessee shall operate its business to be conducted by Tenant in the Premises during the entire Lease Term and uses in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to annoy or disturb any persons occupying adjacent premises either within or without the Building.
5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building structure or to any space to such a degree as to be made thereof by Tenant as set forth reasonably objectionable to Lessor or to any tenant, occupant, or other person in the Basic Lease Information Building. Neither Lessee nor any of Lessee's employees, agents or invitees shall place or maintain within the Premises any stoves, ovens or space heaters, except that Lessee may maintain one (1) microwave oven within the Premises so long as such microwave oven uses standard 110V electrical service. Lessee shall not constitute a representation make or warranty by Landlord permit any odor that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect is objectionable to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable public or to the use other occupants of the PremisesBuilding, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any goods or would disturb materials delivered to or endanger any other tenants sent from the Premises to be done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or unreasonably interfere with their use of their respective premisessuch other dock area as Lessor may designate. Without Landlord's prior written consent, Tenant Under no circumstances shall not receive, store Lessee allow any goods or otherwise handle any product, material materials delivered to or merchandise which is explosive or highly flammable. Tenant will not permit sent from the Premises to be used for any purpose stored on, accumulate on or in any manner (including without limitation any method obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of storage) which would render the insurance thereon void Building or the insurance risk more hazardous Property. Lessee acknowledges that violations of this Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or cause permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout, cleaning, or repair of goods or materials, to be done on the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building is caused or the Property.
5.5 Lessee shall not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be defined or classified by Tenant's use and occupancy of any local, state, or federal environmental protection legislation or regulation issued pursuant thereto.
5.6 Lessee shall not abandon or vacate the Premises at any time during the Lease Term. Notwithstanding anything to the contrary contained in this Lease, if Lessee deserts or vacates the Premises, or if Tenant vacates Lessor's sole remedy for such default shall be to terminate this Lease without further liability on the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use part of the Premises Lessor or Lessee. The preceding sentence is not intended and shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading be deemed to waive or limit any of Lessor's rights or remedies in accordance connection with design loads for the Building. Tenant shall hold harmless Landlord from or based on any loss, liability and expenses, both real and alleged, arising out of default other than vacation or caused by Tenant's negligence or failure to comply with this Paragraphdesertion.
Appears in 2 contracts
Use. (a) The Premises shall be used for general business and professional office purposes only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to purpose without the particular nature prior written consent of the business to Landlord, which consent may be conducted by Tenant granted or denied in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at TenantLandlord's sole expenseabsolute discretion. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any other action way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not do or permit anything to be done in or about the Premises which would constitute a nuisance in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purposes, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance or the insurance risk more hazardous waste in, on or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the floor load resulting from Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's furnitureobligations under this Section shall survive the expiration or other termination of this Lease. For purposes of this Section "Hazardous Materials" means any explosive, inventory radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos and equipment pertaining to Tenant's use asbestos containing materials ("ACMs"), PCBs, CFCs, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Premises Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other federal, state or local law, ordinance or regulation. "Hazardous Materials Laws" shall not exceed allowable design floor loading for mean all federal, state, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any lossstorage, liability and expensesuse, both real and allegedgeneration, arising out release or disapproval of or caused by Tenant's negligence or failure to comply with this ParagraphHazardous Materials.
Appears in 2 contracts
Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)
Use. (a) The Tenant shall use the Premises shall be used only for executive activities legal under local ordinances and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information other applicable laws and regulations and for no other purposes whatsoever. The statement as to purpose without the particular nature of the business to be conducted by Landlord's prior written consent.
(b) Tenant shall not do, bring or keep anything in or about the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute that will cause a representation or warranty by Landlord that such business or uses are lawful or permissible under cancellation of any certificate of occupancy for Insurance covering the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to building in which the Premises shall allow use for executive and administrative officesare located. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such useincrease. Tenant shall comply with all governmental laws, ordinances including any and all environmental regulations, concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use or occupancy of the Premises by Tenant during the term of this Lease. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant.
(c) Tenant hereby accepts the Premises 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 applicable to governing or regulating the use of the Premises, including all applicable environmental rules and shall promptly comply with all governmental orders regulations, and directives for the correction, prevention accepts this Lease subject thereto and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.all
Appears in 2 contracts
Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Use. (a) The Premises shall be used only for executive general office and administrative offices for the conduct of warehouse, assembly, equipment, testing and development, distribution purposes, and any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit to be done in or about the Premises or Building anything which is prohibited by or in any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from way in conflict with (in the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants case of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consenthazardous materials, Tenant shall not receivenotify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, store safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or otherwise handle any product, material which may hereafter be enacted or merchandise promulgated or which is explosive prohibited by the standard form of fire insurance policy, or highly flammablewhich will increase the existing rate of or affect any fire or other insurance upon the Premises or Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents. Tenant will shall not do or permit anything to be done in or about the Premises or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises or Building to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premisesimproper, immoral, or if unlawful purpose, nor shall Tenant vacates cause, maintain or permit any nuisance, in, on or about the Premises and causes an increase in such premiumsor Building or commit or suffer to be committed any waste in, then Tenant shall pay on or about the amount of such increase to Landlord as Additional RentPremises or Building.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord.
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials inside the common areas outside of Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 2 contracts
Sources: Commercial Lease (Tenfold Corp /Ut), Commercial Lease (Medcross Inc)
Use. (a) The Premises shall be Tenant shall, subject to applicable zoning restrictions and any recorded covenants or restrictions in the public records upon the Commencement Date, use and occupy the Premises, including each Site, only as general offices, manufacturing and distribution of any products then used only for executive in Tenant’s business, including food service products, tableware, packaging and administrative offices other lawful purposes which are both associated and related thereto (collectively, the “Permitted Use”); provided, however, except for the conduct recordation of any Mortgage and any replacements, renewals, amendments, consolidations, modifications, extensions or refinancing thereof or as otherwise required by governmental order, from and after the Commencement Date, without first having obtained Tenant's business’s prior written consent which may be withheld or granted in Tenant’s sole and absolute discretion, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information Landlord shall not constitute a representation record or warranty by Landlord that such business or uses are lawful or permissible under otherwise take any certificate of occupancy for voluntary action to subject the Premises or the Building Land to any additional (or are otherwise permitted by law. Landlord doesmodify or amend any existing) covenants, howeverrestrictions, represent that easements, or other encumbrances of record or otherwise, or any certificate rezoning of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to Site from the use zoning classifications presently in existence as of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseCommencement Date. Tenant shall not use, suffer or permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take or any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consentportion thereof, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for by Tenant, any purpose third party or the public, as such, without restriction or in any such manner (including without limitation any method of storage) which would render the insurance thereon void as might adversely affect Landlord’s title to or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase interest in the fire and extended coverage insurance premiums paid Premises, or in such manner as might make possible a Claim or Claims of adverse possession by Landlord the public, as such, or other tenants for the Building is caused by Tenant's use and occupancy third Persons, or of implied dedication of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentany portion thereof.
(b) So long as no Event of Default under this Lease shall have occurred and be continuing, Landlord shall not interfere, in any material respect, with any or all of (i) Tenant’s rights to occupy and use the Premises (in the manner and for the purposes contemplated hereunder), (ii) Tenant’s right to utilize the vehicular parking areas located on the Premises, and (iii) Tenant’s right of access, ingress and egress to and from the Premises.
(c) If no Event of Default has occurred and is continuing, Landlord shall, promptly upon request by Tenant, join with Tenant agrees that (at Tenant’s cost and expense), to (i) grant easements, licenses, rights of way and other rights and privileges in the floor load resulting from Tenant's furniturenature of easements at any Site, inventory (ii) release, amend or modify existing easements, licenses and equipment pertaining appurtenances at any Site, (iii) take actions with respect to Tenant's governmental entities or other third parties to enhance the use and enjoyment of the Premises shall Sites and/or the enforcement or exercise of rights under Legal Requirements, and (iv) execute and deliver any instrument, in form and substance acceptable to Landlord, necessary or appropriate to make or confirm such grants, releases or actions to any Person, with or without consideration; provided that such grant, release or action does not exceed allowable design floor loading for interfere with and is not detrimental to the Building. Tenant shall distribute floor loading in accordance with design loads for conduct of business on the Building. Tenant shall hold harmless Landlord from any lossSite and does not adversely affect the utility, liability and expenses, both real and alleged, arising out useful life or fair market value of or caused by Tenant's negligence or failure to comply with this Paragraphthe Site.
Appears in 2 contracts
Sources: Lease Agreement (Solo Cup CO), Lease Agreement (Solo Cup Owings Mills Holdings)
Use. (a) The Section 4.1. Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the conduct purpose of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information general office use and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit 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 or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the buildings, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or in inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises or on any method portion of storage) which would render Common Areas of the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Complex. No loudspeaker or other insurance authority device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler creditswaste in or upon the Premises. If Tenant shall indemnify, defend and hold Landlord harmless against any increase in loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction (“CC&R”) affecting the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided, or if Tenant vacates the Premises and causes an increase in such premiumshowever, then Tenant shall pay the amount of such increase not be required to Landlord as Additional Rent.
(b) Tenant agrees comply with any future CC&R that the floor load resulting from materially and adversely interferes with Tenant's furniture, inventory and equipment pertaining to ’s rights expressly set forth in this Lease and/or Tenant's ’s use of the Premises for the Permitted Use pursuant to the terms of this Lease. The provisions of this Article are for the benefit of Landlord only and shall not exceed allowable design floor loading be construed to be for the Buildingbenefit of any tenant or occupant of the Complex. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant shall distribute floor loading in accordance with design loads for have access to the Building. Tenant shall hold harmless Landlord from any lossPremises during the demised term twenty-four (24) hours a day, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphseven (7) days a week.
Appears in 2 contracts
Sources: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
Use. (a) The Premises shall may be used only for executive any purpose permitted by Laws, including, but not limited to, office purposes, light manufacturing or assembly, and administrative offices for the conduct product research and testing of Tenant's businessmedical devices, limited and other uses incidental to the uses specifically foregoing, but subject to the terms, conditions and restrictions set forth in the Basic Lease Information Planned Unit Development Agreement, as modified by the City of New Brighton Resolution No. 07-103 and a Planned Unit Development Declaration executed by Landlord (as modified, the “PUD”), Contract for no other purposes whatsoeverPrivate Redevelopment between the City of New Brighton and Landlord (the “Developer’s Agreement) and the Declaration (defined in Section 5.2(a)(5) herein). The statement as Tenant shall comply with all present and future Laws, the PUD, and the Developer’s Agreement relating to the particular nature Tenant’s use or occupancy of the business Premises (and make any repairs, alterations or improvements as required to comply with all such Laws, provided that in no event shall Tenant be responsible for making any required repairs, alterations or improvements required by any Laws existing as of the Commencement Date unless due to Tenant’s specific and unique use or occupancy of the Premises), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises or any part thereof. Tenant shall not permit the Premises to be conducted by occupied or used in any manner that will constitute waste or a nuisance. Tenant in shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises and uses to be made thereof by Tenant as set forth anything that may cause substantial noise, odor or vibration, overload the floors in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisesheating, ventilating and shall promptly comply with all governmental orders and directives for air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the correction, prevention and abatement of nuisances in or uponBuilding (“Building Systems”), or connected with, jeopardize the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants structural integrity of the Building or unreasonably interfere with their use any part thereof; (ii) connect to the utility systems of their respective premises. Without Landlord's prior written consentthe Building any apparatus, Tenant shall not receive, store machinery or otherwise handle other equipment other than as contemplated in the second sentence of this Section 5.1; or (iii) connect to any product, material or merchandise which is explosive or highly flammable. Tenant will not permit electrical circuit in the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner equipment or other insurance authority to disallow any sprinkler credits. If any increase load with aggregate electrical power requirements in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy excess of 80% of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use rated capacity of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphcircuit.
Appears in 1 contract
Use. (a) The Subject to the provisions of Paragraph 17 below, Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the conduct purpose of Tenant's business, limited to the General Office uses specifically set forth in the Basic Lease Information and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in or about tile Premises or the Premises and uses Complex nor bring or keep or permit to be made thereof by Tenant as set forth brought or kept in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex anything which is prohibited by or are will in any way increase the existing rate of (or otherwise permitted by law. Landlord does, however, represent that affect) fire or any certificate of occupancy issued with respect to insurance covering the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain Complex or any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponpart thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all or any of its contents; provided Landlord acknowledges and agrees that general office use is not prohibited nor will it cause an increase in insurance rates at Tenant's sole expensethe Complex. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit 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 or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems, provided that the loads and electrical usage typical for general office use are permissible. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or in inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises or on any method portion of storage) which would render common area of the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Complex. No loudspeaker or other insurance authority devise, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler credits. If any increase waste in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorney's fees, or if liability arising out of failure of Tenant vacates to comply with any applicable law, as required by this Lease. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. Landlord represents that (a) there are currently no CC&Rs encumbering the Premises and causes an increase Landlord shall provide Tenant a copy of any new CC&Rs recorded against the Premises in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
future; and (b) Tenant agrees that Landlord owns and operates the floor load resulting from Tenant's furnitureComplex under a ground lease ("Ground Lease") which is in full force and effect, inventory and equipment pertaining to Tenant's use the terms of this Lease are consistent with and not in conflict with the terms of the Premises Ground Lease. The provisions of this paragraph (except for the preceding sentence) are for the benefit of Landlord only and shall not exceed allowable design floor loading be construed to be for the Building. Tenant shall distribute floor loading in accordance with design loads for benefit of any tenant or occupant of the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphComplex.
Appears in 1 contract
Sources: Lease (Siebel Systems Inc)
Use. (a) The Tenant shall use the Premises shall be used only for executive in conformance with applicable --- governmental laws, regulations, rules and administrative offices ordinances for the purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct of Tenant's business, limited to the provided that such uses specifically set forth shall be in the Basic Lease Information accordance with all applicable governmental laws and ordinances, and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expensepurpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any objectionable way increase the existing rate of (or unpleasant odorsotherwise affect) fire or any insurance covering the Premises or any part thereof, smokeor any of its contents, dustor will cause a cancellation of any insurance covering the Premises or any part thereof, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premisesits contents. Without Landlord's prior written consent, Tenant shall not receivedo or permit to be done anything in, store on or otherwise handle about the Premises which will in any productway obstruct or interfere with the rights of other tenants or occupants of neighboring premises or injure or annoy them, material or merchandise which is explosive use or highly flammable. Tenant will not permit allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises including the outside of the building, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or in inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any method of storage) window, door partition or wall which would render may appear unsightly from outside the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Premises. No loudspeaker or other insurance authority device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler creditswaste in or upon the Premises. If Tenant shall indemnify, defend and hold Landlord harmless against any increase in loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the fire and extended coverage insurance premiums paid by Landlord or other tenants Premises. The provisions of this paragraph are for the Building is caused by Tenant's use benefit of Landlord only and occupancy shall not be construed to be for the benefit of any tenant or occupant of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of general office purposes, any other lawful purpose incidental to Tenant's ’s business, limited and any other purposes consistent with uses of other office tenants in similar office buildings in the reasonable vicinity of the Building, and no other, unless consented to in writing by Landlord. Subject to the uses specifically set forth in the Basic Lease Information foregoing and for no other purposes whatsoever. The statement as Tenant’s right to the particular nature of the business to be conducted by Tenant in the Premises so use and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of occupy the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consentand the Common Areas under this Lease, Tenant shall not receivedo or, store to the extent caused by Tenant, permit to be done in or otherwise handle any productabout the Premises, material Building, or merchandise Common Areas, anything which is explosive prohibited by or highly flammable. Tenant in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will not permit increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Areas or cause a cancellation of any insurance policy of Landlord covering the Premises or Building or any part thereof or any of its contents, or the Common Areas (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of in accordance with “Applicable Laws,” as defined below). Again subject to the foregoing and Tenant’s right to so use and occupy the Premises, the Building and the Common Areas under this Lease, Tenant shall not do or, to the extent caused by Tenant, permit anything to be done in or about the Premises, Building, or the Common Areas which will in any way violate “Rules or Regulations” (as defined below) reasonably promulgated by Landlord, with advance notice thereof to Tenant, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises, Building or the Common Areas to be used for any purpose improper, immoral, or in any manner (including without limitation any method of storage) which would render unlawful purpose, or cause, maintain or, as and to the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is extent caused by Tenant's use and occupancy of , permit any nuisance, in, on or about the Premises, Building, or if Tenant vacates the Premises and causes an increase in such premiumsCommon Areas or commit or, then to the extent caused by Tenant, suffer to be committed any waste in, on or about the Premises, Building or the Common Areas. Tenant shall pay have access to the amount of such increase to Landlord as Additional RentBuilding, the Common Areas and Premises on a 24 hour/7 day a week basis.
(b) Tenant agrees that shall not use the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use name of the Building in which the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading are located, in accordance connection with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out business carried on in said Premises (except as Tenant’s address) without written consent of or caused by Tenant's negligence or failure to comply with this ParagraphLandlord.
Appears in 1 contract
Sources: Commercial Lease (Control4 Corp)
Use. (a) The Premises shall be used only for executive general office and administrative offices for the conduct of any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take Building, or Common Area, anything which is prohibited by or in any other action which would constitute a nuisance or would disturb or endanger any other tenants way in conflict with (in the case of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consenthazardous material, Tenant shall not receivenotify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, store safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or otherwise handle any product, material which may hereafter be enacted or merchandise promulgated or which is explosive prohibited by the standard form of fire insurance policy, or highly flammablewhich will increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Area or cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents, or the Common Area. Tenant shall not do or permit anything to be done in or about the Premises, Building, or the Common Area which will not permit in any way violate Rules or Regulations attached hereto as Exhibit D and those hereafter reasonably promulgated by Landlord, obstruct or interfere with the Premises rights of other tenants, or injure them, or use or allow the Premises, Building or the Common Area to be used for any purpose improper, immoral, or in unlawful purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance, in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, Building, or if Tenant vacates the Premises and causes an increase in such premiumsCommon Area or commit or suffer to be committed any waste in, then Tenant shall pay on or about the amount of such increase to Landlord as Additional RentPremises, Building or the Common Area.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord.
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials in the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphCommon Area.
Appears in 1 contract
Use. (a) The Demised Premises shall be used and occupied only for executive the purpose of office use and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information laboratory use ancillary thereto (including without limitation electromechanical development and testing) and for no other purpose or purposes whatsoever. The statement as Notwithstanding anything to the particular nature of contrary contained herein and without intending to expand in any way upon the business to be conducted by Tenant use permitted in the preceding sentence, the Demised Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation be used for any purpose, use or warranty business restricted by Landlord or prohibited under the Parent Lease. Subtenant agrees that such business nothing shall be done in, upon or uses are lawful about the Demised Premises which shall be contrary to any law, ordinance, regulation or permissible under requirement of any certificate of occupancy for the Premises public authority or the Building insurance inspection or are otherwise permitted by lawrating bureau having jurisdiction. Landlord doesSubtenant shall procure, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain sole expense, any and all licenses and permits necessary which may be required for any such use. Tenant the transaction of business in or use of the Demised Premises and shall otherwise comply with all governmental applicable laws, ordinances and governmental regulations applicable and any order or regulation of any insurance company providing coverage on any part of Building A. Subtenant shall keep the Demised Premises free from waste at all times and shall keep the Demised Premises neat, clean and free of refuse at all times. All trash and refuse shall be stored only within designated trash storage areas in closed containers. Trash shall be removed from the Demised Premises on a daily basis by Sublessor as part of its janitorial responsibilities . Subtenant shall not do, or suffer to be done, or keep, or suffer to be kept, or omit to do, anything in, upon or about the use Demised Premises which may prevent the obtaining of or invalidate any insurance on the Demised Premises or Building A, including without limitation, fire, extended coverage and public liability insurance or which may increase the rate of, any such insurance. Subtenant shall comply with the requirements of all federal, state and local environmental laws, regulations and orders (collectively, “Environmental Laws”) and shall immediately upon Subtenant’s knowledge thereof, give notice to Sublessor of any presence, release or threat of release of any oil, asbestos or hazardous material, substances or waste regulated under Environmental Laws (collectively, “Hazardous Substances”) at, to or from the Demised Premises, and of any notices from any governmental authority with respect thereto. Subtenant shall promptly not cause or permit any Hazardous Substances to be used, stored generated or disposed of on or in the Demised Premises by Subtenant or any person claiming under Subtenant, except for those Hazardous Substances which may lawfully be used, stored, generated or disposed of in the ordinary course of business for cleaning office space, and then only to the extent Subtenant does not, in so doing, violate any Environmental Laws in effect at the time of so doing. If Subtenant shall default under the immediately preceding sentence, Subtenant shall defend and indemnify and save harmless Parent Landlord and Sublessor from and against any and all claims, damages, costs and losses, including without limitation, reasonable attorneys’ fees, arising during or after the term as a result thereof. This indemnification includes, without limitation, any and all costs reasonably incurred by Sublessor or Parent Landlord after notice to Subtenant for any cleanup, removal or restoration to the extent mandated by any public official acting lawfully under any Environmental Laws. If Subtenant shall receive a complaint from a public agency or official of a default by Subtenant under this Article, then Subtenant shall comply with all governmental orders and directives for the correctionsuch complaint, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant but Subtenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which be in default under this sentence if Subtenant is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in contesting such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading complaint in accordance with design loads law and the enforcement thereof is then withheld pending such contest. Except in the event of an emergency when immediate action is required and obtaining Sublessor’s prior approval is not feasible, Subtenant shall first obtain Sublessor’s approval for the Building. Tenant any remedial action required of Subtenant hereunder, which approval shall hold harmless Landlord from any lossnot be unreasonably withheld, liability and expenses, both real and alleged, arising out of conditioned or caused by Tenant's negligence or failure to comply with this Paragraphdelayed.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used only for executive and administrative offices for the conduct of Tenant's business, limited those purposes. Tenant waives any right to the uses specifically set forth terminate this lease in the Basic event the Premises cannot be used for such purposes during the Lease Information and for no other purposes whatsoeverterm. The statement as to the particular nature of the business to premises may not be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary used for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenantother purpose without Landlord's sole expensewritten consent. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything therein which will in any objectionable way increase the existing rate of or unpleasant odorsaffect any fire or other insurance upon the Building or any of its contents, smoke, dust, gas, noise or vibrations to emanate from cause cancellation of insurance policy covering the Premises, nor take Building or any other action which would constitute a nuisance part thereof or would disturb any way obstruct or endanger any interfere with the rights of other tenants or occupants of the Building or unreasonably interfere with their injure or annoy them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose. Tenant shall not commit or suffer to be committed any waste in any manner (including without limitation any method of storage) which would render or upon the insurance thereon void Premises. Tenant shall not place upon or the insurance risk more hazardous or cause the Insurance Commissioner install in windows or other insurance authority to disallow openings or exterior sides of doors or walls of the Premises any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord signs, symbols, drapes or other tenants for the Building is caused by Tenantmaterials without written consent of Landlord. Tenant shall not, without Landlord's use and occupancy of prior written consent, keep any substances designated as, or containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, common area, or if Tenant vacates property, except office supplies, ordinary cleaning products and the Premises and causes an increase like, normally found in such premiumsgeneral business offices, then which Tenant shall pay the amount use, store and dispose of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenantin accordance with manufacturer's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Buildingsuppliers' recommendations and all applicable laws. Tenant shall distribute floor loading in accordance with design loads be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the Buildinguse, storage, disposal, transportation, generation or sale by Tenant (or its employees, agents, contractors or invitees) of hazardous substances on the Premises. Landlord gives Tenant shall hold harmless Landlord from any lossand its employees, liability authorized representatives, and expensesbusiness invitees a nonexclusive right to the reasonable use and enjoyment of the Common Areas, both real and alleged, arising out of or caused by Tenantsubject to Landlord's negligence or failure to comply with this Paragraphrights set forth herein.
Appears in 1 contract
Use. (a) The 41.01 Tenant covenants that Tenant shall use and occupy the Demised Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information which is executive, general and administrative offices and for no other purposes purpose whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not make nor permit to be made any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from use of the Premises, nor take any other action Premises which would constitute a nuisance or would disturb or endanger any other tenants violate the terms of the Building this Agreement, cause an excessive density of traffic or unreasonably interfere with their use or cause excessive demands on any of their respective premisesthe Building's services or which, directly or indirectly, is forbidden by statute, ordinance or government regulations, or which may invalidate or increase the premium of any policy of insurance carried on the Building. Without Landlord's prior written consentFurther, Tenant shall not receive, store suffer or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation or permit anything to be brought into or kept in the Premises which in the sole reasonable judgment of the Landlord, shall in any method way impair or tend to impair the character, reputation or appearance of storage) which would render the insurance thereon void Building.
41.02 Tenant shall not bring or permit to be brought or kept in or on the insurance risk more Demised Premises, any inflammable, combustible, explosive or hazardous fluid, material, chemical or substance, or cause the Insurance Commissioner or permit any odors of cooking or other insurance authority to disallow processes, or any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord unusual or other tenants for objectionable odors to permeate in or emanate from the Building is caused by Tenant's use Demised Premises other than commonly used office supplies and occupancy chemicals such as, without limitation, cleansers, general purpose cleaners, markerboard surface cleaner, office machine developer, toner, fuser, fuser oil and printer cartridges, alcohol cleaning swaps and wipes, liquid paper and rubber cement, all of the Premiseswhich shall be used, or if Tenant vacates the Premises stored, handled and causes an increase in such premiums, then Tenant shall pay the amount disposed of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Buildingapplicable environmental laws, rules and regulations. Tenant "Hazardous Materials" shall hold harmless Landlord from mean any lossand all hazardous or toxic materials, liability substances, pollutants, contaminants and expenseswastes and all elements and compounds, both real including but not limited to, radioactive substance, polychlorinated biphenyls, methane, volatile hydrocarbons, industrial solvents, ambient air and allegedwater, arising out of or caused by Tenant's negligence any other material or failure substance which may cause or constitute a health, safety or other environmental hazard subject to comply with this Paragraphany Environmental Law.
Appears in 1 contract
Sources: Office Lease (Emerging Vision Inc)
Use. (a) The Premises premises shall be used only for executive general office and administrative offices for the conduct of Tenant's businessrelated ancillary purposes (including, but not limited to the uses specifically set forth in the Basic Lease Information to, training and entertaining customers) and for no other purposes whatsoeverpurposes. The statement as to the particular nature occupancy rate of the business to Premises shall in no event be conducted by Tenant in the more than one (1) person per two hundred twenty-two (222) rentable square feet. The Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation be used for any illegal purposes, nor in violation of any regulation of any governmental body, nor in any manner to create any nuisance or warranty by Landlord that such business trespass, nor in any manner to vitiate the insurance or uses are lawful or permissible under any certificate increase the rate of occupancy for insurance on the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesBuilding. Tenant shall shall, at its own cost and expense obtain expense, promptly comply with any and all licenses municipal, county, state and permits necessary for federal statutes, regulations and/or requirements applicable or relating to the use, occupancy or condition of the Premises. In the event that Tenant takes any action in the future, or conducts its business in such use. a way that causes an increase in the insurance rate on the Building, Landlord shall give Tenant notice of such proposed increase, and Tenant shall comply with all governmental laws, ordinances have a period of ten (10) business days within which to discontinue such actions or use before Tenant shall be responsible for the payment of such increase in cost. Landlord represents and regulations applicable warrants to Tenant that (a) the use of the PremisesPremises for the purpose of a business office use is not prohibited by the Certificate of Occupancy (or its equivalent), for or by any zoning or other statutes, laws, orders, rules, regulations or ordinances (collectively, "Laws") applicable to the Building or the Premises or by any master or ground lease or covenants, conditions or restrictions, or easements applicable to the Building or the Premises and shall promptly (b) as of the Commencement Date the Premises will comply with all governmental orders and directives for the correctionLaws, prevention and abatement of nuisances in or uponprovided, or connected withhowever, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall representation and warranty does not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit include the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional RentWork.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Premises Tenant shall be used use the Premises' only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the purpose of general office and storage uses necessary for Tenant to conduct of Tenant's business, limited to the provided that such uses specifically set forth shall be in the Basic Lease Information accordance with all applicable Governmental laws and ordinances and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expensepurpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any objectionable way increase the existing rate of (or unpleasant odorsotherwise affect) fire or any insurance covering the Premises or any part thereof, smokeor any of its contents, dustor will cause a cancellation of any insurance covering the Premises or any part thereof, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premisesIts contents. Without Landlord's prior written consent, Tenant shall not receivedo or permit to be done anything In, store on or otherwise handle any productabout the Premises which will in anyway obstruct or Interfere with the rights of other tenants or occupants of the Premises or neighboring premises or Injure or annoy them, material or merchandise which is explosive use or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates . No sale by auction permitted on the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the BuildingPremises. Tenant shall distribute floor loading not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or of materials in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.the
Appears in 1 contract
Sources: Lease Agreement (Divine Inc)
Use. (a) The Premises Tenant shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in use the Premises for warehouse/office/auction/retail purposes and uses to be made thereof by Tenant as set forth in the Basic Lease Information ------------------------------- shall not constitute a representation use or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld delayed. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any manner (including without limitation any method of storage) which would render way increase the insurance thereon void Building utilities expense or the insurance risk more hazardous existing rate of or cause the Insurance Commissioner affect any fire or other insurance authority upon the Building or any of its contents, or cause cancellation of any insurance policy covering said building or any part thereof or any of its contents. Tenant shall not use or permit the Premises to disallow be used for any sprinkler creditsimproper, immoral, unlawful, or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. If Tenant shall not commit or suffer to be committed any increase waste in or upon the fire Premises. Landlord has sole discretion in determining and extended coverage insurance premiums paid by Landlord or other tenants defining what violates the purported use for the Building Premises; Landlord's discretion includes, but is caused by Tenant's use not limited to, defining what uses are improper, immoral, unlawful, and occupancy objectionable, as well as those uses that create nuisances or those that are wasteful. Any violation of the Premises, or if Tenant vacates the Premises purported and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's approved use of the Premises as defined by Article 8 shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenantconstitute default under this Lease at Landlord's negligence or failure to comply with this Paragraphsole discretion.
Appears in 1 contract
Sources: Office/Warehouse Building Lease (Ableauctions Com Inc)
Use. (a) The From the commencement of the Term, to use and occupy the Premises shall be used only for executive and administrative offices for the conduct of Tenant's businessPermitted Use only, limited and not to injure or deface the uses specifically set forth in Premises, Building, the Basic Lease Information and for no Site or any other purposes whatsoever. The statement as to the particular nature part of the business Complex nor to be conducted by Tenant permit in the Premises and uses or on the Site any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to be made thereof by Tenant as set forth permit in the Basic Lease Information shall Premises anything which would in any way result in the leakage of fluid or the growth of mold, and not constitute a representation to use or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for devote the Premises or any part thereof for any purpose other than the Permitted Uses, nor any use thereof which is inconsistent with the maintenance of the Building as an office and laboratory building of the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the premium for any insurance on the Building and its contents or liable to render necessary any alteration or addition to the Building. Notwithstanding the foregoing, Tenant shall not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, maintain, use or store any Hazardous Materials in the Premises (other than the Hazardous Materials listed in Exhibit I (and at no greater than the amounts and/or quantities specified therein) (“Tenant’s Hazardous Materials”), provided that the same shall at all times be brought upon, kept or used in accordance with all applicable Hazardous Materials Laws (hereinafter defined) and to the extent any alterations or additions, including, without limitation, installation of life/safety and/or monitoring systems, are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued required with respect to the Premises and/or the Building under Legal Requirements or Hazardous Materials Laws as a result of Tenant’s Hazardous Materials, Tenant, subject to the terms of this Lease, shall allow use be solely responsible for executive performing and/or installing the same, at its cost, as a condition precedent to Tenant’s right to use, store or dispose of, such Hazardous Materials) unless the same are approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves Tenant’s Hazardous Materials listed on Exhibit I. Tenant shall deliver MSDS sheets (and administrative officesproposed quantities) with all requests for approval of Hazardous Materials not listed on Exhibit I as required above, and shall be responsible for notifying all federal, state and local authorities (including the Town of Lexington Fire Department) of the use, storage and disposal of Hazardous Materials by Tenant to the extent required by applicable law. Landlord agrees to respond to such request for approval within ten (10) business days of receipt of all of the foregoing. Tenant shall maintain at the Premises a list of all Hazardous Materials that the Tenant will keep, maintain, use or store at the Premises (the “Hazardous Materials Schedule”). On or before each anniversary of the Commencement Date, and on any earlier date during the 12-month period on which Tenant intends to add a new Hazardous Material or increase the quantity of any Hazardous Material to the Hazardous Materials Schedule, Tenant shall update the Hazardous Materials Schedule and deliver the same to Landlord for Landlord’s approval with respect to such new or increased Hazardous Materials as required above. The Hazardous Materials Schedule shall be reasonably available to the Landlord at the Premises upon the Landlord’s written request. Further, (i) Tenant shall not, nor shall Tenant permit its own cost employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, use, maintain, or store Hazardous Materials (as hereinafter defined), or dispose of the same into the sewage or waste disposal system or otherwise, or engage in any activity, in violation of Hazardous Materials Laws (as hereinafter defined) which might produce or generate any substance which is or may hereafter be classified as a radioactive, hazardous material, waste or substance (collectively “Hazardous Materials”), under federal, state or local laws, rules and expense obtain regulations or standards, including, without limitation, 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. and Massachusetts General Laws, Chapter 21E, and the National Fire Protection Association NFPA 45: Standards of Fire Protection for Laboratories Using Chemicals, and the rules and regulations or standards promulgated under any of the foregoing, as such laws, rules and all licenses and permits necessary for regulations may be amended from time to time (collectively “Hazardous Materials Laws”), (ii) Tenant shall immediately notify Landlord of any such use. incident in, on or about the Premises, the Building or the Site that would require the filing of a notice, or reporting to any governmental entity, under any Hazardous Materials Laws, (iii) Tenant shall comply and shall cause its employees, invitees, agents, independent contractors, contractors, assignees and subtenants to comply with all governmental laws, ordinances and regulations applicable to the use each of the Premisesforegoing and (iv) Landlord shall have the right to make such inspections (including testing) as Landlord shall elect from time to time, and shall promptly comply upon reasonable prior notice to Tenant except in the event of an emergency, to determine that Tenant is complying with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, foregoing. Notwithstanding the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consentforegoing, Tenant shall not receive, also have the right to store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be and use reasonable quantities of office and cleaning supplies used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for ordinary course of the Building is caused by Tenant's use and occupancy of the PremisesPremises for the general office use that are kept, maintained, stored and disposed of in accordance with all applicable Hazardous Materials Laws. Neither Landlord’s review and approval of Tenant’s Hazardous Materials listed on Exhibit I attached hereto nor Landlord’s subsequent approval (if any) of any other Hazardous Materials to be kept, maintained, used or if stored in the Premises pursuant to the foregoing paragraph shall be deemed to be an agreement by Landlord that Tenant vacates has complied with applicable Hazardous Materials Laws with respect to any such Hazardous Materials nor deemed a waiver of Tenant’s obligations under this Lease with respect to compliance with all applicable Hazardous Materials Laws nor impose any liability on Landlord with respect to compliance with applicable Hazardous Materials Laws in connection with any such Hazardous Materials. Notwithstanding anything to the contrary contained in this Lease, prior to the expiration or earlier termination of the Term, Tenant shall clean and otherwise cause the Premises to be "decommissioned" in accordance with all applicable Hazardous Materials Laws and shall leave the Premises and causes an increase in such premiumsthe Building (and the piping, then sewage or waste disposal system, supply lines, drains and storage containers and basins serving the same, and all exhaust or other ductwork) free of all chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials resulting from Tenant’s use or occupancy of the Premises. Without limiting the foregoing, upon expiration or earlier termination of the Lease, Tenant shall pay provide Landlord, at Tenant’s sole cost and expense, with a so-called "Clean Certificate" from a reputable, experienced third party environmental engineer or industrial hygienist, licensed to do business in the amount Commonwealth of such increase Massachusetts, dated within thirty (30) days after the expiration or early termination of the Term certifying to the Landlord as Additional Rent.
that (a) the Premises, the Building and the pipes, sewage or waste disposal system, supply lines, drains, storage containers, basins, exhaust and ductwork are free from chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials, (b) Tenant agrees that the floor load resulting from Tenant's furniturePremises, inventory the Building and equipment pertaining to Tenant's use of the pipes, sewage or waste disposal system, supply lines, drains, storage containers, ductwork and exhaust serving the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading have been sanitized in accordance with design loads for applicable Hazardous Materials Laws, (c) any radioactive materials, biological or chemical safety cabinets located, storage rooms or the Buildingstorage areas in the Premises have been emptied and decontaminated in accordance with applicable Hazardous Materials Laws. If Tenant fails to perform such obligations under this paragraph, without limiting any other right or remedy, Landlord may, on ten (10) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall hold harmless within thirty (30) days of demand reimburse Landlord from any loss, liability for all reasonable out-of-pocket costs and expenses, both real and alleged, arising out expenses incurred by Landlord in connection with such work. Tenant’s obligations under this paragraph shall survive the expiration or earlier termination of or caused by Tenant's negligence or failure to comply with this ParagraphLease.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental regulations, rules and administrative offices ordinances for the purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct of Tenant's business, limited to the provided that such uses specifically set forth shall be in the Basic Lease Information accordance with all applicable governmental laws and ordinances and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative officesor the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall at its own cost and expense obtain no do or permit to be done anything in, on or about the Premises or the Complex which will in any and all licenses and permits necessary for any such use. Tenant shall comply way obstruct or interfere with all governmental laws, ordinances and regulations applicable to the use rights of other tenants or occupants of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponinjure or annoy them, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor
1. shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or cause ceiling, which endanger the Insurance Commissioner structure, or place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of the Landlord. Tenant shall distribute floor loading not commit or suffer to be committed any waste in accordance with design loads for or upon the BuildingPremises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, attorneys' fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this Paragraphparagraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Use. (a1) The During the Term of this Lease the Leased Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants than as an aircraft hangar for the Building is caused by Tenant's use storage, repair and occupancy operation of airplanes, without the express consent of the PremisesLandlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or if Tenant vacates tenant policy as established by the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase Landlord from time to Landlord as Additional Rent.time;
(b) cause damage to the Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees; and,
(k) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the floor load resulting from Tenant's furniture, inventory Landlord may require the adjustment in the Airport leases and equipment pertaining to Tenant's use as such may demand the Tenant move the Hangar and the location of the Premises Leased Premises. The Landlord shall not exceed allowable design floor loading compensate the Tenant for any expenses in moving the Building. Hangar as agreed between the Parties.
(5) The Tenant shall distribute be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows: (Not Applicable / Existing Hangar)
(a) the dimensions of the Existing Hangar is 56 feet by 60 feet for a total floor loading area of 3360, the half of the hangar for this lease agreement is 28 feet by 60 feet for a total floor area of 1680 square feet,
(b) the style of the Hangar shall be either a pole barn style building or a metal frame building; (Not Applicable / Existing Hangar)
(c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with design loads current Airport standards as approved by the Landlord; (Not Applicable / Existing Hangar)
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord; (Not Applicable / Existing Hangar)
(e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; (Not Applicable / Existing Hangar)
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord; (Not Applicable / Existing Hangar)
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant; (Not Applicable / Existing Hangar)
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs. (Not Applicable / Existing Hangar)
(6) The Landlord acknowledges that it has granted access to the Tenant for the BuildingTenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 5 metres wide and 7 metres from the front of the Hangar to the adjacent taxiway G2 to the West. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall hold harmless be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any loss, liability and expenses, both real and alleged, arising every claim which may or might arise out of or caused the proper exercise by Tenant's negligence or failure to comply with this Paragraphthe Tenant of any of the rights granted herein.
Appears in 1 contract
Sources: Hangar Lease
Use. (a) The Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, research and development, non-retail sales and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be used only for executive in accordance with all current and administrative offices for the conduct of Tenant's businessfuture applicable governmental laws and ordinances and zoning restrictions, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoeverpurpose. The statement as Notwithstanding anything to the particular nature of the business contrary herein, Tenant shall not do or permit to be conducted by Tenant done in or about the Premises and uses nor bring or keep or permit to be made thereof brought or kept in or about the Premises anything which is prohibited by Tenant as set forth or will in any way increase the Basic Lease Information shall not constitute a representation existing rate of (or warranty by Landlord that such business otherwise affect) fire or uses are lawful or permissible under any certificate of occupancy for insurance covering the Premises or the Building any part thereof, or are otherwise permitted by law. Landlord doesany of its contents, however, represent that or will cause a cancellation of any certificate of occupancy issued with respect to insurance covering the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponpart thereof, or connected with, the Premises, all at Tenant's sole expenseany of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Premises or unreasonably interfere with their neighboring premises or injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises, except for patio furniture that Tenant may place, at its sole cost and expense and risk, in the common patio area (“Exterior Common Area Patio”) shown in Orange on Exhibit A and Exhibit B. In the event Tenant elects to place patio furniture in the Exterior Common Area Patio, (a) Tenant shall be responsible for the maintenance, repair and/or replacement of said patio furniture, as necessary to maintain sturdy and attractive equipment, throughout the Lease Term, (b) said patio furniture will be accessible to the other tenants and/or occupants of the Building and other third parties and (c) Landlord cannot insure the BUILDING: 1098 Alta PROPERTY: 1-0001
UNIT: 1 LEASE ID: 0001-SONI01-01 security of said patio furniture or be liable in any manner (including without limitation whatsoever for said patio furniture. Tenant shall not place anything or allow anything to be placed near the glass of any method of storage) window, door partition or wall which would render may appear unsightly from outside the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Premises. No loudspeaker or other insurance authority device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler creditswaste in or upon the Premises. If Tenant shall indemnify, defend and hold Landlord harmless against any increase in loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the fire terms of this Lease. Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all tenants within the Building, and extended coverage insurance premiums paid by (ii) Landlord or other tenants shall provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the Building is caused by Tenant's use benefit of Landlord only and occupancy shall not be construed to be for the benefit of any Tenant or occupant of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (Sonics, Inc.)
Use. (a) The Premises are to be used for a bank and incidental or related uses, and for no other business or purpose without the prior written consent of Landlord, which shall not be unreasonably withheld. No use shall be made or permitted to be made of the Premises, nor acts done in or about the Premises, which will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of the Premises which has been or is subsequently enacted or promulgated by any public authority, or which will increase the existing rate of insurance upon the building, or cause a cancellation of any insurance policy covering the building or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy. Tenant shall not commit, or suffer to be committed, any waste upon the Premises or, any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building, nor use any apparatus, machinery or device in or about the Premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this Lease. Tenant further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the consent of Landlord, which consent shall not be unreasonably withheld. So long as Tenant complies with all present and future ordinances and statutes relating thereto, Landlord agrees not to unreasonably withhold consent for installation by Tenant, on the roof of the Real Property, of telecommunications equipment to be used exclusively by Tenant only for executive and administrative offices for in the conduct furtherance of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct of Tenant's business, limited to the provided that such uses specifically set forth shall be in the Basic Lease Information accordance with all applicable governmental laws and ordinances and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or cause ceiling, which endanger the Insurance Commissioner structure, or place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall distribute floor loading not commit or suffer to be committed any waste in accordance with design loads for or upon the BuildingPremises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, attorneys' fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this Paragraphparagraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Use. a. In no event shall Lessee use or permit the use of the Premises for any purpose other than general office use (a) The which may include, subject to compliance with applicable laws and governmental requirements, use of the Premises shall be used only for executive administration, software design, incidental customer training, and administrative offices for the conduct of Tenant's businessnon-destructive, limited to the uses specifically set forth in the Basic Lease Information research and development purposes and for no other purposes whatsoever. The statement incidental lawful uses, all not involving Hazardous Materials, and all in a manner consistent with operation within a first-class general office use building, so as not to exceed the particular nature capacity of the business mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Project). Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be conducted by Tenant done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or adversely affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation any apparatus, equipment or warranty by Landlord supplies that such business may cause substantial noise, odor, or uses are lawful vibration or permissible under any certificate of occupancy for overload the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to its utility or elevator systems or jeopardize the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants structural integrity of the Building or any part thereof. Lessee and Lessee’s agents, officers, employees, representatives, contractors, servants, invitees and/or guests (collectively “Lessee’s Agents”) shall not use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then, to the extent it is conclusively determined that the same was caused by Lessee or any of its agents, employees, contractors, invitees or licensees, the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee’s best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the Clean Water Act. 33 U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 3001 et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000. Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises which will in any way unreasonably obstruct or interfere with their the rights of other tenants or occupants of the Building or the Project or injure them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, or unlawful purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any manner (including without limitation any method of storage) which would render Hazardous Materials actually known by Lessor to exist in or about the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Premises or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy portions of the Premises, Project at levels in violation of applicable laws or if Tenant vacates which otherwise pose a material risk of having a material and adverse affect upon the operation of Lessee’s business from the Premises and causes an increase in such premiums(including, then Tenant shall pay the amount of such increase without limitation, access to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's and/or use of the Premises and parking areas serving the Project). If requested by Lessee within thirty (30) days following the execution of this Lease, Lessor shall provide to Lessee copies of any Hazardous Materials reports or other environmental reports respecting the Project then existing in Lessor’s possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the contrary contained herein, Lessee shall not exceed allowable design floor loading be responsible for costs related to the Building. Tenant shall distribute floor loading in accordance with design loads for testing, remediation and/or presence of Hazardous Materials on or about the Building. Tenant shall hold harmless Landlord from Premises or Project except to the extent caused to be present thereon or thereabout by Lessee, any losssubtenant of Lessee and/or any of their respective employees, liability and expensesagents, both real and allegedrepresentatives, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphcontractors and/or invitees.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office, warehouse and light assembly purposes and for absolutely no other use or purpose without Landlord’s express written consent in ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall not give notice of any auction, liquidation or going out of business sale on the Premises. Tenant shall not do or permit to be done in or about the Premises anything which is prohibited by or will in any way conflict with any all present and future statutes, laws, codes, regulations, ordinances, orders, rules, bylaws, administrative offices for the conduct guidelines, requirements, directives and actions of Tenant's businessany federal, limited state or local governmental or quasi-governmental authority, and other legal requirements of whatever kind or nature that are applicable to the uses specifically Property, (including Environmental Laws and the Americans With Disabilities Act of 1990, and accessibility guidelines promulgated in connection therewith (the “ADA”), as the same may be amended from time to time) and any amendments, modifications or changes to any of the foregoing (collectively, “Laws”) or with the Rules and Regulations set forth in the Basic Lease Information on Exhibit F hereto, as such Rules and for no other purposes whatsoever. The statement as to the particular nature of the business to Regulations may be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation amended or warranty supplemented by Landlord that such business in writing from time to time, or uses are lawful which is prohibited by the standard form of fire insurance policy or permissible under will in any certificate way increase the existing rate of occupancy for the Premises or affect any fire or other insurance upon the Building or are otherwise permitted any part thereof or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents, or which will violate any restrictive covenant or other agreement now or hereafter of record and to which the Land is subject. Notwithstanding the foregoing, if ▇▇▇▇▇▇▇▇ agrees to allow Tenant to use the Premises in such a manner which results in an increase of rates payable by law. Landlord doesfor fire or other insurance, howeverthen, represent that any certificate of occupancy issued with respect in such event, Landlord shall have the right to require Tenant to the Premises shall allow use for executive and administrative offices. Tenant shall at its own pay the cost and expense obtain any and all licenses and permits necessary for any of such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseincrease. Tenant shall not permit any objectionable operation which emits any odor or unpleasant odorsmatter which intrudes into other portions of the Building, smoke, dust, gas, use any apparatus or machine which makes unreasonable noise or vibrations causes vibration in any portion of the Building or otherwise do or permit anything to emanate from be done in or about the Premises, nor take Premises which will in any other action which would constitute a nuisance way unreasonably obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or injure or unreasonably interfere with their annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Landlord acknowledges that Tenant intends to use radio frequency guided forklifts and wireless routers for its computer systems at the Premises.
(b) Subject to Landlord’s obligations to perform the Landlord’s Work and to obtain all required permits and certificates of occupancy related to Landlord’s Work, all as set forth in Exhibit D attached hereto, Tenant shall, at its sole cost and expense, obtain all permits, licenses and other approvals required by law for the conduct of its business, comply with and shall cause the Premises to comply with the requirements of all Laws including, without limitation, the ADA and local accessibility laws as they pertain to the conduct of ▇▇▇▇▇▇’s business or that of any manner (party claiming by, through or under Tenant, including without limitation any method limitation, those which require the making of storage) which would render alterations, modifications or changes to the insurance thereon void Premises or the insurance risk more hazardous Building whether foreseen or cause unforeseen, ordinary or extraordinary, and whether or not the Insurance Commissioner same are now or other insurance authority hereafter effective. Notwithstanding the foregoing, Tenant shall not be obligated to disallow any sprinkler credits. If any increase make repairs or alterations to the Premises in order to comply with Laws unless the fire need for such repairs or alterations arises from (i) the specific manner and extended coverage insurance premiums paid by Landlord nature of Tenant’s use or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, as distinguished from general office and warehouse use, (ii) the manner of conduct of Tenant’s business or if operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of the Tenant, including, without limitation, any Alterations made by or on behalf of Tenant, or (iv) a breach by Tenant vacates the Premises and causes an increase in such premiums, then of any provisions of this lease. Tenant shall pay also be responsible for the amount cost of compliance with all present and future Laws in respect of the Building and the Project to the extent arising from any of the causes set forth in clauses (i) through (iv) of the preceding sentence, in which event Tenant shall be responsible to perform, at Tenant’s sole cost and expense, such repairs or alterations, whether or not such compliance requires work which is structural or non-structural, ordinary or extraordinary, foreseen or unforeseen. Notwithstanding the foregoing to the contrary, to the extent that the Laws pertain to the base building systems serving the Building generally (and not components thereof or supplemental systems serving exclusively the Premises), the structural elements, the common areas, the Building as a whole or the Project, and modifications to thereto are required in order to bring the same into compliance with any of the Laws, Landlord shall be responsible for the compliance of such increase item(s) with the Laws, but, without prejudice to Landlord Landlord’s rights, if any, to include such items within Operating Expenses as Additional Rentdefined in (and limited by) Section 4 of this Lease; provided, however, if any such required modifications or compliance are the result of any of the causes set forth in clauses (i) through (iv) above of this Section 7(b), all such costs shall be paid by Tenant. To the maximum extent this provision may be enforceable according to law, Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to the Building caused by any act or neglect of Tenant, or its agents, employees, contractors or invitees (including any damage by fire or other casualty arising therefrom).
(bc) Tenant acknowledges that the Project is served by a private wastewater treatment system (the “Septic System”). Tenant shall not dispose of any sweepings, rubbish, rags, acids, petroleum products, Hazardous Substances (as hereinafter defined) or any other foreign substances in the plumbing facilities which may clog, erode or damage the plumbing pipes, line or conduits, or Septic System serving the Building and Tenant further agrees to indemnify Landlord for the cost of repair or cleaning the pipes, plumbing, Septic System or other area of the plumbing facilities and any other consequence or cost which may be incurred as a result of the violation of this obligation.
(d) During the Lease Term, neither Tenant nor any agents, employees, contractors, subtenants, licensees, invitees, customers or visitors of Tenant or anyone claiming by, through or under Tenant (collectively, the “Tenant Parties”), shall cause or permit the manufacturing, treatment, use, possession, processing, storage, disposal, handling, distribution, transportation, release, threatened release, discharge, leaking or remitting of any Hazardous Substance on, under, in or from the Premises, the Building or the Project, or any part thereof. Notwithstanding the foregoing, Landlord acknowledges and agrees that so long as all such usage, storage and disposal is in strict compliance with Environmental Laws and the floor load resulting from Tenant's furnitureRules and Regulations, inventory and equipment pertaining Tenant shall be entitled to Tenant's use of at the Premises ordinary cleaning supplies and office supplies containing de minimus amounts of Hazardous Substances, including, toner for photocopying machines and other similar materials, and other materials and substances customarily used and found in comparable industrial buildings. Upon receipt of a written request, ▇▇▇▇▇▇ shall not exceed allowable design floor loading disclose in writing to Landlord the identity of all Hazardous Substances present or used by Tenant at the Premises (other than ordinary cleaning supplies and office supplies as described in the preceding sentence) and complete and return to Landlord a Hazardous Materials Disclosure Certificate in the Landlord’s then standard form for the Building. Tenant and any person or entity acting at the direction or with the consent or knowledge of Tenant shall distribute floor loading comply with all applicable local, state, or federal laws, rules, regulations, principles of common law, ordinances and codes, as well as orders, decrees, judgments, injunctions, notices, plans or demand letters issued, promulgated, approved or entered thereunder, now or hereafter in accordance with design loads for effect pertaining to environmental contamination, clean-up, pollution, protection of the Buildingenvironment or public health and safety including, without limitation, “CERCLA”, “RCRA”, state lien or superlien statutes (the “Environmental Laws”). The term “Hazardous Substance” shall mean any waste, substance, material, pollutant, contaminant, toxic or hazardous or extremely hazardous or acutely hazardous substance, waste, material, constituent or chemical that is regulated by, that forms the basis of liability under, or the presence of which in the environment is prohibited by or requires notification, investigation, or remediation under, any Environmental Laws, including without limitation, (A) those identified in Section 101(14) of CERCLA, as the same may be amended from time to time, and (B) petroleum and petroleum fractions, by-products or products. Tenant shall hold hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees and successors from any liability, loss, liability cost, injury, damage or other expense whatsoever, including, without limitation, reasonable attorneys’ fees, reasonable settlement costs, costs of monitoring, investigation and expensesremediation, both real that may occur as a result of any violation or claim of violation of Environmental Laws by Tenant or any of the Tenant Parties, expressly excluding any conditions existing as of the Commencement Date. The indemnity by Tenant in the foregoing sentence shall be deemed to be continuing in nature and alleged, arising out shall remain in full force and effect and shall survive the expiration or earlier termination of or caused by Tenant's negligence or failure to comply with this ParagraphLease Agreement.
Appears in 1 contract
Use. (a) The Premises Tenant shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in use the Premises for general office purposes and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisespurposes incident thereto, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in not use or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of any manner (including without limitation recorded covenants, conditions and restrictions affecting the Site or of any method law or of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants Certificate of Occupancy issued for the Building of which the Premises are a part, and shall, upon seven (7) business days’ written notice from Landlord, discontinue any use of the Premises which is caused declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant may not offer shared tenant services, such as, but not limited to, telecommunications, data processing or word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's ’s use and or occupancy of the Premises, impose any duty upon Tenant or if Tenant vacates Landlord with respect to the Premises and causes an increase in such premiums, then Tenant shall pay or with respect to the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Buildingor occupation thereof. Tenant shall distribute floor loading in accordance with design loads for not do or permit to be done anything which will invalidate or increase the Building. Tenant cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.comply
Appears in 1 contract
Sources: Office Lease
Use. (a) The Tenant shall use and occupy the Premises shall be used in conformance with Applicable Laws, and only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically use set forth in the Basic Lease Information Section 1, and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business to be conducted by Neither Tenant in nor any other person shall use the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseother purposes. Tenant shall not do or permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from be done in the Premises, nor take or do anything in or about the Complex, or bring or keep or permit to be brought or kept in the Premises, or bring or keep in or about the Complex anything that is prohibited by or will in any other action which would constitute way increase the existing rate of (unless any such increase is fully paid for by Tenant), or will cause a nuisance cancellation of, any insurance covering the Complex or would disturb any part thereof, or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premisesits contents. Without Landlord's prior written consent, Tenant shall not receivedo or permit to be done anything in the Premises, store or otherwise handle any product, material do anything in or merchandise which is explosive about the Complex that will materially obstruct or highly flammable. Tenant will not permit interfere with the rights of other tenants or occupants of the Complex or use or allow the Premises to be used for any purpose unlawful purpose. Tenant shall not place any loads upon the floors, walls, or in ceiling, which endanger the structure, or place any manner (including without limitation any method of storage) which fluids or materials that would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase damage in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy drainage system of the Premises, building. No waste materials or if Tenant vacates refuse shall be dumped on the Premises and causes an increase in such premiums, then Tenant shall pay Complex or permitted to remain on the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use outside of the Premises shall not exceed allowable design floor loading except in trash containers placed inside exterior enclosures designated by Landlord for the Buildingpurpose. No materials, supplies, equipment, finished products or semi finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Building or Complex Common Areas unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other device, system or apparatus which can be heard outside the Premises (except those used for life safety or security purposes) shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall distribute floor loading not commit or suffer to be committed any waste in accordance with design loads or upon the Premises. The provisions of this Section are for the Building. Tenant benefit of Landlord only and shall hold harmless Landlord from not be construed to be for the benefit of any loss, liability and expenses, both real and alleged, arising out tenant or occupant of or caused by Tenant's negligence or failure to comply with this Paragraphthe Complex.
Appears in 1 contract
Sources: Lease (Genencor International Inc)
Use. (a) The Premises shall be used only for executive and administrative offices occupied by Tenant for the conduct of Tenant's business, limited to the uses specifically use set forth in the Basic Lease Information and for no other purposes whatsoeverpurpose. The statement as to Tenant shall, at Tenant’s expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the particular nature term regulating the use by Tenant of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesPremises. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to not use or permit the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances Premises in any manner that will tend to create waste or upona nuisance, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or unreasonably interfere with their use any portion of their respective premises. Without Landlord's prior written consentthe Project, Tenant shall not receive, store nor place or otherwise handle maintain any product, material signs on or merchandise which is explosive or highly flammable. Tenant will not permit visible from the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy exterior of the Premises, or if Tenant vacates use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. 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 causes about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in such premiumspremiums payable under, then Tenant shall pay or a cancellation of, any policy of insurance maintained by Landlord in connection with the amount Building or the Project or which would violate the terms of such increase to Landlord as Additional Rentany covenants, conditions or restrictions affecting the Building or the land on which it is located.
(b) Tenant agrees that shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the floor load resulting from Tenant's furnitureuse, inventory and equipment pertaining to Tenant's use generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, “Hazardous Materials”). 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 Premises shall not exceed allowable design floor loading for 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 BuildingComprehensive 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 preceding laws or other similar laws, regulations and guidelines now or hereafter in effect. Tenant shall distribute floor loading 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 accordance with design loads for the Buildingtheir 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 Landlord from any lossand against all liabilities, liability claims, costs, damages, and expensesdepreciation of property value, both real including all foreseeable and allegedunforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or caused disposal of Hazardous Materials by Tenant or any person claiming under Tenant's negligence , including, without limitation, the cost of any required or failure necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to comply or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to 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 from Tenant’s obligation of indemnification set forth above. Tenant’s obligations unless this Paragraphparagraph 6 shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (St Francis Medical Technologies Inc)
Use. (a) The 2.01. Tenant shall use the Premises shall be used only for executive and administrative offices sales office and pharmaceutical development purposes involving protein chemistry, molecular genetics and cellular biophysics, and for any other lawful purpose incidental thereto, but for no other purpose.
2.02. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made or any part thereof by Tenant as set forth in (other than the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any present certificate of occupancy for the Premises or for the Building Building), Tenant, at its expense, shall duly procure and thereafter maintain such license or are otherwise permitted by law. permit and submit the same to Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesinspection. Tenant shall at its own cost all times comply with the terms and expense obtain any and all licenses and permits necessary for any conditions of each such uselicense or permit. Tenant shall comply with all governmental lawsnot at any time use or occupy, ordinances or suffer or permit anyone to use or occupy, the Premises, or any part thereof, in any manner (a) which violates the certificate of occupancy for the Premises or for the Building or any other permit or license issued pursuant to any Legal Requirements; (b) which causes or is liable to cause injury to the Building or any equipment, facilities or systems therein; (c) which constitutes a violation of the Legal Requirements or Insurance Requirements; (d) which impairs or tends to impair the character, reputation or appearance of the Building as a first class office building; (e) which impairs or tends to impair the proper and regulations applicable economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; or (f) which annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Project. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Premises, or any part thereof, for (i) the production or disposal of any toxic chemicals, (ii) a banking, trust company, or safe deposit business, or (iii) a restaurant and/or bar.
2.03. No use of the Premises by Tenant prior to the Commencement Date (a) shall be deemed a breach of any covenant in this Lease or the Rules and Regulations (as defined in Section 11.01) relating to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Premises by Tenant or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) shall expose Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading charges by Landlord for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and increased insurance premiums or other costs or expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. The Tenant shall use the premises only for its general and executive offices in connection with Tenant's computer consulting, maintenance, equipment, assembly, installation and systems integration business including, training and seminar programs in connection therewith. Tenant shall not use or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of a requirement such as the Certificate of Occupancy for the premises or the building, and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or anything to be brought into or kept therein which, in the judgement of Landlord, reasonably exercised, shall in any way (ai) The Premises impair the character, reputation or appearance of the building, or (ii) impair or interfere with any of the building systems or services or the proper and economic operation of the building, or (iii) impair or interfere with the use of any of the other areas of the building or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the building. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. If any license or permit of a governmental authority shall be used only for executive and administrative offices required for the proper and lawful conduct of Tenant's business, limited to the uses specifically set forth business or other activity carried on in the Basic Lease Information premises, and if the failure to secure such license or permit might or would, in any way, affect Landlord, then Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same for no other purposes whatsoeverinspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the requirements of each such license or permit. The statement as to the particular nature use of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information premises shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under in any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord doesevent be deemed to include, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to not use or permit the use of the Premisespremises or any part thereof for (a) the sale, preparation or consumption of food or beverages (alcoholic or non-alcoholic), except by its employees and shall promptly comply persons invited by it in connection with all governmental orders the furtherance of its business and directives for the correctionprospects, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that a banking or safe deposit business or a money exchange, (c) as a stock brokerage office, (d) the floor load resulting from conduct of a school of any kind (other than a training center for employees or customers or prospective customers of Tenant's furniture), inventory and equipment pertaining (e) an employment agency, (f) the conduct of any business, organization or activity in which, in the reasonable judgment of Landlord, may create or fost▇▇ ▇▇ unusual risk to the security of the building or of any of its tenants or occupants, (g) for the purpose of manufacturing, requiring or servicing of products or goods of whatsoever kind or nature except in connection with Tenant's use of premises as described in paragraph first, above, (h) the Premises sale or display of goods or merchandise of any kind or retail purposes, or, (i) the conduct of any business which involves direct patronage of the general public in the premises, such as, by way of illustration, a medical or other health maintenance office or a travel agent. The premises shall not exceed allowable design floor loading be used, at any time, by a government or governmental agency or authority. SIGNS No signs, advertisements or notices shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the premises or on the inside of the premises which can be seen outside of the premises without the prior written consent of the Landlord. In the event of the violation of the foregoing by any tenant, Landlord may remove the same without any liability, and may charge the expense incurred by such removal to the Tenant. Landlord shall have the right to prohibit any advertising by Tenant which, in the opinion of Landlord, impairs the reputation of the building or its desirability as a building or space therein available for the Building. rent, and upon written notice from Landlord, Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord refrain from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphdiscontinue such advertising.
Appears in 1 contract
Use. 5.1 Lessee (aand its permitted assignees and subtenants) The shall use the Premises shall be used only for executive and administrative offices for the conduct of Tenant's general business, limited to administrative, sales, service, and product development, not in violation of the uses specifically set forth in the Basic Lease Information protective or restrictive covenants hereinafter referred to, and for no other purposes whatsoeverpurpose without the prior written consent of Lessor. The statement as to the particular nature of the Lessee shall operate its business to be conducted by Tenant in the Premises during the entire Lease Term and uses in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to annoy or disturb any persons occupying adjacent premises either within or without the Building.
5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building structure or to any space to such a degree as to be made thereof by Tenant as set forth objectionable to Lessor or to any tenant, occupant, or other person in the Basic Lease Information Building. Lessee shall not constitute a representation make or warranty by Landlord permit any odor that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect is objectionable to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable public or to the use other occupants of the PremisesBuilding, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any goods or would disturb materials delivered to or endanger any other tenants sent from the Premises to be done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or unreasonably interfere with their use of their respective premisessuch other dock area as Lessor may designate. Without Landlord's prior written consent, Tenant Under no circumstances shall not receive, store Lessee allow any goods or otherwise handle any product, material materials delivered to or merchandise which is explosive or highly flammable. Tenant will not permit sent from the Premises to be used for any purpose stored on, accumulate on or in any manner (including without limitation any method obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of storage) which would render the insurance thereon void Building or the insurance risk more hazardous Property. Lessee acknowledges that violations of this Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or cause permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout, cleaning, or repair of goods or materials, to be done on the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building is caused by Tenant's use and occupancy of or the PremisesProperty.
5.5 Lessee shall not use, handle, store, deal in, discharge, or if Tenant vacates fabricate any environmentally hazardous wastes, substances or materials as the Premises same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and causes an increase similar materials which are not in such premiums, then Tenant shall pay the amount of such increase to Landlord reportable quantities as Additional Rentdefined and required by Federal or State Laws.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall be used only for executive and administrative offices solely for the conduct of Tenant's business, limited to the uses specifically set forth Permitted Use specified in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesSummary, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in not use or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any other use or purpose whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be used for any manner (including without limitation any method improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the rights of storage) which would render other tenants or occupants of the insurance thereon void Building or the insurance risk more hazardous Property, if any, or cause the Insurance Commissioner injure or other insurance authority to disallow annoy them. Tenant shall not cause, maintain or permit any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord nuisance in, on or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, the Building or if Tenant vacates the Premises and causes an increase in such premiumsProperty, then Tenant shall pay nor commit or suffer to be committed any waste in, on or about the amount of such increase to Landlord as Additional RentPremises.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (aa.) The Premises shall be used only for executive general office purposes and administrative offices for no other without the conduct prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. "General office purposes" shall include reasonable software training, demonstration and development; provided that the foregoing will in no way limit Tenant's businessobligation to use the Premises in accordance with all applicable laws, limited to the uses specifically set forth in the Basic Lease Information statutes, ordinances and for no other purposes whatsoever. The statement as to the particular nature of the business governmental rules and regulations (including zoning ordinances).Tenant shall not do or permit to be conducted by Tenant done in or about the Premises and uses Premises, nor bring or keep or permit to be made thereof brought or kept therein, anything which is prohibited by Tenant as set forth or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the Basic Lease Information shall not constitute a representation standard form of fire insurance policy, or warranty by Landlord that such business would in any way increase the existing rate of or uses are lawful affect any fire or permissible under any certificate of occupancy for the Premises or other insurance upon the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponcontents, or connected with, cause a cancellation of any insurance policy covering the Premises, all at Tenant's sole expenseBuilding or any part thereof or any of its contents. Tenant shall not do or permit any objectionable anything to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take any other action Premises which would constitute a nuisance in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or waste in, on or about the Premises.
(b.) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any manner (Hazardous Materials Laws. Tenant's obligations under this Paragraph shall survive the expiration or other termination of this Lease. For purposes of this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation any method of storage) which would render the insurance thereon void limitation, asbestos containing materials, PCB's, CFC's, or the insurance risk more substances defined or regulated as hazardous substances or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase hazardous materials in the fire Comprehensive Environmental Response, Compensation and extended coverage insurance premiums paid by Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials. Notwithstanding any of the foregoing, Landlord or other tenants for the Building is caused by Tenant's use hereby acknowledges and occupancy of agrees that Tenant has installed in the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase be permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from continue to maintain at Tenant's furnituresole cost and expense, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading a halon fire protection system in accordance with design loads for the Building. Tenant shall hold harmless all applicable laws and regulations (including, without limitation, all applicable environmental laws) and any requirements reasonably imposed by Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphrespect thereto.
Appears in 1 contract
Use. (a) The Premises shall are to be used only for executive and administrative offices solely for the conduct purposes stated in Paragraph 1.8 and Paragraph 6 of Tenant's business, limited this Lease. Lessee shall not do or permit anything to be done in or about the uses specifically set forth Premises which will in any way obstruct or interfere with the Basic Lease Information and for no rights of other purposes whatsoever. The statement as to the particular nature Lessees or occupants of the business Building and Industrial Center or injure, annoy, or disturb them or allow the Premises to be conducted by Tenant in used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not do, permit or suffer in, on or about the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under sale of any certificate alcoholic liquor without the written consent of occupancy for the Premises Lessor first obtained , or the Building or are otherwise permitted by lawcommission of any waste. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant Lessor shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, Premises and its occupancy and shall promptly comply with all governmental orders and directives directions for the correction, prevention and abatement of nuisances any violations in or upon, or connected in connection with, the Premises, all at Tenant's Lessee’s sole expense. Tenant Lessee shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any objectionable way increase the rate of, invalidate or unpleasant odors, smoke, dust, gas, noise prevent the procuring of any insurance protecting against loss or vibrations damage to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use the Industrial Center or any of their respective premisesits contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or the Industrial Center or any part thereof. Without Landlord's prior written consentLessee shall not, Tenant and shall not receivedirect, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or otherwise handle any product, material dispose of in or merchandise which is explosive or highly flammable. Tenant will not permit about the Premises or the Building and the Industrial Center any (collectively “Hazardous Material”) flammables, explosives, radioactive materials, hazardous waste or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulation issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Lessee suffer or permit any Hazardous Materials to be used for any purpose or in any manner (including without limitation any method of storage) which would render not fully in compliance with all Environmental Laws, in the insurance thereon void Premises or the insurance risk more hazardous Building and the Industrial Center appurtenant land or cause allow the Insurance Commissioner environment to become contaminated with Hazardous Materials. Notwithstanding the foregoing, and subject to Lessor’s prior consent, Lessee may handle, store, use or other insurance authority dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to disallow any sprinkler credits. If any increase in the fire extent customary and extended coverage insurance premiums paid by Landlord or other tenants necessary for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises for general office purposes; provided that Lessee shall not exceed allowable design floor loading for always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the BuildingPremises, Building or Industrial Center and appurtenant and or the environment. Tenant Lessee shall distribute floor loading protect, defend , indemnify and hold each of the Lessor Entities (as defined in accordance with design loads for the Building. Tenant shall hold Paragraph 30) harmless Landlord from and against any and all of loss, claims, liability or costs (including court costs and expenses, both real and alleged, arising out attorney’s fees) incurred by reason of any actual or caused by Tenant's negligence or asserted failure of Lessee to fully comply with all applicable Environmental Laws or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the Provisions of this ParagraphLease), or by reason of any actual or asserted failure of Lessee to keep, observe, or perform any provision of this section.
Appears in 1 contract
Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)
Use. (a) The Premises a. In no event shall be used only for executive and administrative offices for Lessee use or permit the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature use of the business Premises for any purpose other than general office use (which may include, subject to compliance with applicable laws and governmental requirements, incidental use of a portion of the Premises reasonably approved by Lessor as a testing lab facility for non-destructive electronic testing only, in a manner consistent with operation within a first-class general office use building, so as not to exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Building). Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be conducted by Tenant done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation any apparatus, equipment or warranty by Landlord supplies that such business may cause substantial noise, odor, or uses are lawful vibration or permissible under any certificate of occupancy for overload the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to its utility or elevator systems or jeopardize the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants structural integrity of the Building or unreasonably any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any Hazardous Materials (defined below) on any portion of the Project. Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the breach of the obligations described in the previous sentence and the obligations of Lessee pursuant hereto shall survive the Lease Termination. As used in this paragraph. Hazardous Materials means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials and radon gas. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with their the rights of other tenants or occupants of the Building or the Project or injure or annoy them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Lessee cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises . Lessee shall not exceed allowable design floor loading for commit or suffer to be committed any waste in or upon the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphPremises.
Appears in 1 contract
Sources: Net Office Lease (Vyyo Inc)
Use. (aa.) The Premises shall be used only for executive general office purposes and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to without the particular nature prior written consent of the business to Landlord, which may be conducted by Tenant granted or denied in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at TenantLandlord's sole expenseabsolute discretion. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or would in any way increase the existing rate of or affect any fire or other action insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which would constitute a nuisance in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purposes, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance or the insurance risk more hazardous waste in, on or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(bb.) Tenant agrees shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities("Common Office Chemicals"), providing that the floor load resulting from Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's furniture, inventory and equipment pertaining to Tenant's use obligations under this Paragraph shall survive the expiration or other termination of the Premises shall not exceed allowable design floor loading for the Buildingthis Lease. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out For purposes of or caused by Tenant's negligence or failure to comply with this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos containing materials, PCB's, CFC's, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials.
Appears in 1 contract
Sources: Office Lease (Smartage Corp)
Use. (a1) The During the Term of this Lease the Leased Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants than as an aircraft hangar for the Building is caused by Tenant's use storage, repair and occupancy operation of airplanes, without the express consent of the PremisesLandlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or if Tenant vacates tenant policy as established by the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase Landlord from time to Landlord as Additional Rent.time;
(b) cause damage to the Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees;
(k) comply with the Town of Tillsonburg’s relevant policies and codes of conduct such as but not limited to the RZone (Respect) Policy which requires persons using a Town facility to respect others and take responsibility in maintaining a safe and comfortable environment for all participants, spectators, volunteers and staff. The Rzone policy enforces zero tolerance of inappropriate behavior, threats, violence and vandalism at all Town facilities, properties, Town sponsored events, programs, in written or verbal communications (including email or phone); and,
(l) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the floor load resulting from Tenant's furniture, inventory Landlord may require the adjustment in the Airport leases and equipment pertaining to Tenant's use as such may demand the Tenant move the Hangar and the location of the Premises Leased Premises. The Landlord shall not exceed allowable design floor loading compensate the Tenant for any expenses in moving the Building. Hangar as agreed between the Parties.
(5) The Tenant shall distribute be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows:
(a) the total dimensions of the Hangar and additional office building is proposed to be 62 feet by 60 feet for a total floor loading area of 3,720 square feet; Including the one (1) metre (3 foot) perimeter to total leased area equates to approximately 4,488 square feet
(b) the style of the Hangar shall be either a pole barn style building or a metal frame building;
(c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with design loads current Airport standards or as approved by the Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord;
(e) construction, renovation and maintenance shall comply with the construction and maintenance requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable Ontario Building Code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; including specifically the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, and Ontario Regulation 213/07 the Ontario Fire Code and any amendment thereto.
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant;
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the BuildingTenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as approximately 13 metres wide and approximately 14 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall hold harmless be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any loss, liability and expenses, both real and alleged, arising every claim which may or might arise out of or caused the proper exercise by Tenant's negligence or failure to comply with this Paragraphthe Tenant of any of the rights granted herein.
Appears in 1 contract
Sources: Hangar Lease
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever1. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information Lessee shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to commence the use of the PremisesDemised Premises pursuant to terms herein prior to the Occupancy Date, without the prior written consent of Lessor, in Lessor's sole and absolute discretion, and upon such terms as Lessor may require. Lessee shall promptly use and occupy the Demised Premises solely for general office purposes only, and in accordance with, and subject to, all applicable zoning regulations. The Demised Premises shall not be used for any other purpose or purposes without the prior written consent of Lessor. Lessee shall not use or occupy the Demised Premises for any unlawful purpose, and will comply with all governmental present and future laws, ordinances, regulations, and orders of all governments, government agencies and directives for any other public authority having jurisdiction over the correctionDemised Premises and will provide Lessor written evidence of such compliance if so requested in writing by Lessor.
2. Lessee shall take all action necessary to prevent any conduct or activity by any of its invitees whomsoever: i) on any common area of the Building including but not limited to any walkway, prevention and abatement of nuisances in or uponbalcony, or connected withpatio, if any, adjacent to the-Demised Premises; or ii) in the Demised Premises; which may cause injury or damage to any person or property, all at Tenantor which, in Lessor's sole expense. Tenant shall not permit any objectionable opinion, may be disturbing or unpleasant odorsoffensive to, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere to any member(s) of the public in the vicinity of the Building. The Lessee shall indemnify, defend, and save harmless the Lessor from any liability, loss, or obligation arising out of, or related to, any such conduct or activity. Other than for Lessee's customary day-to-day ingress and egress to the Demised Premises associated only with their Lessee's permitted use hereunder, Lessee shall not use or permit the use of their respective premises. Without Landlordany walk-way, balcony, or patio for any purpose without the prior written consent of Lessor (which may be conditioned, without limitation, on Lessee obtaining such insurance coverage for such use as shall be satisfactory to Lessor).
(B) The Lessee specifically acknowledges and agrees that it shall not provide any type of communications, internet (unless such internet service is through the "web" and not a direct, physical link in or through any part of the Building,) utility, or other services to any other occupant or tenant in the Building without the Lessor's prior written consent, Tenant shall not receive, store which consent may be conditioned or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit withheld at the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by TenantLessor's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentsole discretion.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (Inphonic Inc)
Use. (a) The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances and only for executive the purpose of: software and administrative offices hardware design, assembly of RF products, operating a general office and for the conduct of Tenant's business, limited to the directly related legal uses specifically set forth in the Basic Lease Information thereof and for no other purposes whatsoever. The statement as to the particular nature of the business purpose.------- Tenant shall not do or permit to be conducted by Tenant done in or about the Premises and uses nor bring or keep or permit to be made thereof brought or kept in or about the Premises anything which is prohibited by Tenant as set forth or will in any way increase the Basic Lease Information shall not constitute a representation existing rate of (or warranty by Landlord that such business otherwise affect) fire or uses are lawful or permissible under any certificate of occupancy for insurance covering the Premises or the Building any part thereof, or are otherwise permitted by law. Landlord doesany of its contents, however, represent that or will cause a cancellation of any certificate of occupancy issued with respect to insurance covering the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponpart thereof, or connected with, the Premises, all at Tenant's sole expenseany of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Premises or unreasonably interfere with their neighboring premises or injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any method of storage) loads upon the floors, walls, or ceiling which would render endanger the insurance thereon void structure, or the insurance risk more hazardous or cause the Insurance Commissioner place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises. Tenant shall distribute floor loading not place anything or allow anything to be placed near the glass of any window, door partition or wall that may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in accordance with design loads for or at the BuildingPremises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, reasonable attorneys' fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with any applicable law. Tenant shall comply with any term, covenant, condition, or restriction ("TCC&R's") affecting the Premises. The provisions of this Paragraphparagraph 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.
Appears in 1 contract
Sources: Lease Agreement (Full Spectrum Inc.)
Use. (a) The Premises shall hereby leased may be used only for executive general office use, use as a call center, assembly of specimen collection kits and administrative offices for uses accessory and incidental thereto and no other uses. Tenant agrees to conduct its business in the conduct of Tenant's business, limited manner and according to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature generally accepted business principles of the business to be conducted by or profession in which Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentengaged.
(b) Notwithstanding anything to the contrary provided in Paragraph 6(a), Tenant agrees shall not use or occupy the Premises or any portion thereof, permit or suffer the same to be used or occupied and/or do, or permit or suffer anything to be done, in or on the Premises or any part thereof, that would, in any manner or respect:
(i) violate any certificate of occupancy or Legal Requirement in force relating to the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's Premises or the Rules (as hereinafter defined) or cause an unreasonable amount of use of any of the services provided in the Building;
(ii) make void or voidable any insurance then in force with respect to the Premises, or render it impossible to obtain fire or other insurance thereon required to be furnished by Landlord or Tenant under this Lease;
(iii) cause structural or other injury to the Premises, or constitute a private or public nuisance or waste;
(iv) render the Premises shall not exceed allowable design floor loading incapable of being used or occupied after the expiration or sooner termination of the term of this Lease for the Building. purposes for which the same were permitted to be used and occupied on the day upon which Tenant shall distribute floor loading in accordance with design loads first open the Premises for business to the Building. public, except for ordinary wear and tear and damage by fire or other casualty and repairs for which Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out is not responsible under this Lease; and/or
(v) violate the provisions of or caused by Tenant's negligence or failure to comply with this ParagraphParagraph 9 hereof .
Appears in 1 contract
Sources: Lease Agreement (Labone Inc/)
Use. (a) Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The Premises parties agree that any contrary use shall be used only deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for executive Landlord's inspection throughout the Term, all governmental approvals, licenses and administrative offices permits required for the proper and lawful conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or in commit any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase waste in the fire and extended coverage Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance premiums paid by Landlord or other tenants for policy(ies) covering the Building is caused by Tenant's or its contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.including without limitation all federal and
Appears in 1 contract
Use. (a) The Premises shall will be used only for executive the Permitted Use. Tenant and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business ’s Agents will not:
(i) do or permit to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances done in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take bring to, keep or permit to be brought or kept in the Premises, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation which is now in force or which may be enacted or promulgated after the Date of Lease; (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other action Unit Owners or their tenants within the Project; (iii) do or permit anything to be done in or about the Premises which would constitute a is dangerous to persons or property or otherwise result in an increase of insurance; (iv) do or permit to be done in or about the Premises, nor bring to, keep or permit to be brought or kept in the Premises, anything which is prohibited by or will in any way conflict with the Declaration or any rule or regulation promulgated by the Association; or (v) cause, maintain or permit any nuisance in, on or would disturb about the Premises or endanger commit or allow to be committed any other tenants waste in, on or about the Premises. At its sole cost and expense, Tenant will promptly comply with: (a) all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or in force after the Commencement Date of the Building or unreasonably interfere with their use Lease regarding the operation of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's ’s use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
; (b) Tenant agrees that the floor load resulting from Tenant's furniturecertificate of occupancy issued for the building within which the Premises is located and the Premises; and (c) any recorded covenants, inventory conditions and equipment pertaining to Tenant's use restrictions, if any, which affect the use, condition, configuration and occupancy of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphPremises.
Appears in 1 contract
Sources: Office Lease
Use. (a) The Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, electronics laboratory, research and development, and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be used only for executive in accordance with all current and administrative offices for the conduct of Tenant's businessfuture applicable governmental laws and ordinances and zoning restrictions, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoeverpurpose. The statement as Notwithstanding anything to the particular nature of the business contrary herein, Tenant shall not do or permit to be conducted by Tenant done in or about the Premises and uses nor bring or keep or permit to be made thereof brought or kept in or about the Premises anything which is prohibited by Tenant as set forth or will in any way increase the Basic Lease Information shall not constitute a representation existing rate of (or warranty by Landlord that such business otherwise affect) fire or uses are lawful or permissible under any certificate of occupancy for insurance covering the Premises or the Building any part thereof, or are otherwise permitted by law. Landlord doesany of its contents, however, represent that or will cause a cancellation of any certificate of occupancy issued with respect to insurance covering the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponpart thereof, or connected with, the Premises, all at Tenant's sole expenseany of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Premises or unreasonably interfere with their neighboring premises or injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or in inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any method of storage) window, door partition or wall which would render may appear unsightly from outside the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Premises. No loudspeaker or other insurance authority device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler creditswaste in or upon the Premises. If Tenant shall indemnify, defend and hold Landlord harmless against any increase in loss, BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the fire terms of this Lease. Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all tenants within the Building, and extended coverage insurance premiums paid by (ii) Landlord or other tenants shall provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the Building is caused by Tenant's use benefit of Landlord only and occupancy shall not be construed to be for the benefit of any Tenant or occupant of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office use and administrative offices for the conduct of research and development and any other lawful purpose incidental to Tenant's current business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit to be done in or about the Premises or Building anything which is prohibited by or in any objectionable way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or unpleasant odorswhich may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, smokeor which will increase the existing rate of or affect any fire or other insurance upon the Premises or Building or any of its contents, dustor cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents. Tenant shall not handle, gasuse, noise store or vibrations to emanate from otherwise put any hazardous material on the Premises, nor take without first notifying Landlord of its intention to do so and identifying the hazardous material and safety plan which shall ensure that any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without such hazardous material is properly controlled, safeguarded, and disposed of, and obtaining Landlord's prior written consent, which consent may be reasonably withheld and may be conditioned upon absolute indemnification by Tenant and accompanying bond. Tenant shall not receive, store do or otherwise handle any product, material permit anything to be done in or merchandise which is explosive or highly flammable. Tenant will not permit about the Premises or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises or Building to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premisesimproper, immoral, or if unlawful purpose, nor shall Tenant vacates cause, maintain or permit any nuisance, in, on or about the Premises and causes an increase in such premiumsor Building or commit or suffer to be committed any waste in, then Tenant shall pay on or about the amount of such increase to Landlord as Additional RentPremises or Building.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphLandlord.
Appears in 1 contract
Use. (a) 9.1 The Premises shall be used only for executive and administrative offices solely for the conduct of Tenant's business, limited to the uses specifically Permitted Use set forth in the Basic Fundamental Lease Information Provisions and for no other purposes whatsoeverpurposes. The statement as Tenant shall not offer, sell or market any services to other tenants in the Building which services are in competition with services offered by Landlord to tenants in the Building and Tenant shall not offer telecommunication services utilizing the Building, Building Equipment or any conduits, or shafts, whether located within the Premises or outside the Premises, to other tenants in the Building.
9.2 Tenant shall not use, occupy, suffer or permit the Premises, the Building or any part of either to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would (a) make unobtainable at standard rates from any reputable insurance company authorized to do business in the State of New Jersey, any fire insurance with extended coverage or liability, elevator, boiler, umbrella or other insurance, (b) cause, or be likely to cause, injury or damage to the particular nature of Building or to any equipment contained therein or on the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not Premises, (c) constitute a representation public or warranty by Landlord that such business or uses are lawful or permissible under private nuisance, (d) violate any certificate of occupancy for the Premises Building, (e) emit objectionable noise, fumes, vibrations, heat, chilled air, vapors or odors into or from the Building or are otherwise permitted by law. Landlord doesthe equipment contained therein, however(f) impair or interfere with any of the Building services, represent that any certificate including the furnishing of occupancy issued with respect to electrical energy, or the proper and economical cleaning, heating, ventilating, air conditioning or other services of the Building, the equipment contained therein or the Premises shall allow use for executive and administrative officesor (g) violate any Legal Requirement or Insurance Requirement. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesThe restrictions imposed by this Section, and the application thereof, shall promptly comply with all governmental orders and directives for not be limited or modified by the correctionterms of any other provision of this Lease.
9.3 Tenant or Tenant’s assignees, prevention and abatement of nuisances subtenants, employees, agents, contractors, invitees or licensees shall not do or permit anything to be done in or upon, about the Premises which will in any way obstruct or connected with, interfere with the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building or unreasonably interfere with their injure them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose which is unlawful, nor shall Tenant cause, maintain or in permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises.
9.4 Tenant shall not use or operate any machinery that, in Landlord’s reasonable opinion is, or if Tenant vacates may be, harmful to the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for and/or the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances, including without limitation the Americans With Disabilities Act of 1990 (a) The Premises shall be used only for executive the "ADA"), and administrative offices solely for the conduct of Tenant's business, limited to the uses specifically set forth purpose specified in the Basic Lease Information Paragraph 1.J and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of Premises or the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesPremises or the Complex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or cause ceiling, which endanger the Insurance Commissioner structure, or place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the Building therein, or overload existing electrical or other tenants for mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Building is caused by Tenant's use and occupancy Premises or outside of the Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or if Tenant vacates inside of the Premises and causes an increase in such premiumsBuilding proper where designated by Landlord. No materials, then Tenant supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall pay be stored upon or permitted to remain outside the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniturePremises. No loudspeaker or other device, inventory and equipment pertaining to Tenant's use of system or apparatus which can be heard outside the Premises shall not exceed allowable design floor loading for be used in or at the BuildingPremises without the prior written consent of Landlord. Tenant shall distribute floor loading not commit or suffer to be committed any waste in accordance with design loads for or upon the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphPremises.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise occupy or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used or occupied for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants than for the Building is caused Permitted Use, and shall not do or permit anything to be done by Tenant's use and occupancy ’s Occupants which may (a) increase the existing rate or violate the provisions of any33 insurance carried with respect to the PremisesProperty, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniturecreate a public or private nuisance, inventory and equipment pertaining to Tenant's use commit waste or interfere with, annoy or disturb any other tenant or occupant of the Premises shall not exceed allowable design floor loading for Building or Landlord in the operation of the Building, (c) overload the floors or otherwise damage the structure of the Building, (d) constitute an improper, immoral or34 purpose, (e) increase the cost of any utility service beyond the level permitted by Paragraph 8, (f) violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, or (h) lower the first-class character of the Building. Tenant shall distribute floor loading shall, at Tenant’s sole cost,35 (v) use the Premises in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any lossa careful, liability safe and expensesproper manner, both real and alleged, arising out of or caused by Tenant's negligence or failure to (w) comply with this Paragraphall present and future laws, ordinances, regulations and requirements and any covenants, conditions and restrictions existing with respect to the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants and those relating to access by disabled persons, (x) comply with the requirements of any board of fire underwriters or other similar body relating to the Premises, (y) keep the Premises free of objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Property36. Landlord may, in Landlord’s sole discretion, designate some or all of the Building (including the Premises) as a non-smoking area.
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Use. (a) The Tenant shall occupy and use the Premises only for the Permitted Use and shall comply, at its sole cost, with all Laws relating to the specific manner of its use, condition and occupancy of the Premises. Tenant may use the Premises twenty-four hours per day, seven days per week. Notwithstanding the foregoing, it is understood and agreed that Landlord shall be used only for executive and administrative offices responsible for the conduct cost of compliance with any building code requirements which are applicable generally to the Building and not the result of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature specific use of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information such costs shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under be included as Operating Costs. Tenant shall not be responsible to comply with any certificate legal requirements relating to the structure of occupancy for the Premises or the Building or relating to conditions or repair which are otherwise permitted by lawthe responsibility of the Landlord under this Lease. Landlord doeshereby represents and warrants that on the Commencement Date, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost the common areas of the Building, the Land and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply the Park are in full compliance with all governmental applicable laws, ordinances and regulations applicable to of all federal, county and municipal authorities, including the use of the PremisesAmericans With Disabilities Act, any regulations promulgated thereunder and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentsimilar Laws.
(b) Tenant agrees that the floor load resulting from If, because of Tenant's furnitureor a Tenant Party's acts, inventory the rate of insurance on the Building or its contents increases, Tenant shall pay to Landlord the amount of such increase, as Additional Rent, and equipment pertaining to Tenant's use acceptance of the Premises such payment shall not exceed allowable design floor loading for the Buildingwaive any of Landlord's other rights. Tenant shall distribute floor loading conduct its business and control any assignees or subtenants claiming by, through, or under Tenant or any of their respective agents, contractors, employees and invitees (each a "TENANT PARTY") so as not to create any nuisance or unreasonably ------------- interfere with other tenants or Landlord in accordance with design loads for its management of the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (Dset Corp)
Use. (a) The Premises is to be used by ▇▇▇▇▇▇, who shall act as Manager of the Welcome Center, primarily to provide information to visitors and tourists to the City of Beacon. Tenant shall also be permitted to use the Welcome Center for Chamber of Commerce Board meetings and for storage of office supplies for use by the Chamber of Commerce and its members. The foregoing authorized uses of the Premises are hereinafter collectively referred to as the “Permitted Use”. If any governmental license or permit shall be used only for executive and administrative offices required for the proper and lawful conduct of the Permitted Use, Tenant's business, limited at its sole cost and expense, shall duly procure and maintain such license(s) or permit(s), and at ▇▇▇▇▇▇▇▇’s request, submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business Premises, or do or permit anything to be conducted by Tenant in done on the Premises and uses to be made thereof by Tenant as set forth which would in the Basic Lease Information shall not constitute a representation any way: (i) violate any laws or warranty by Landlord that such business requirements of public authorities; (ii) make void or uses are lawful voidable any fire or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued liability insurance policy then in force with respect to the Premises; (iii) make unobtainable, or more expensive, from reputable insurance companies authorized to do business in New York State at standard rates any fire insurance with extended coverage, or liability, elevator or boiler or other insurance with respect to the Premises; (iv) cause physical damage to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or any and all licenses and permits necessary for any such use. Tenant shall comply part thereof; (v) constitute a public or private nuisance; (vi) result in the discharge of objectionable fumes, vapors or odors into the air conditioning system or into flues or vents not designed to receive them; or (vii) impair or interfere with all governmental laws, ordinances and regulations applicable or tend to impair or interfere with the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy areas of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentbuilding.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises Tenant shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in use the Premises and uses to be made thereof by Tenant as set forth only in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued conformance with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all applicable governmental laws, regulations, rules and ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives only for the correctionpurpose of: FIBER OPTIC PRODUCT SALES, prevention and abatement of nuisances in or uponMARKETING, or connected withGENERAL OFFICE OPERATION, the PremisesLIGHT MANUFACTURING, all at Tenant's sole expenseDISTRIBUTION AND FOR THE DIRECTLY RELATED LEGAL USES THEREOF AND FOR NO OTHER PURPOSE. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any objectionable way increase the existing rate of (or unpleasant odorsotherwise affect) fire or any insurance covering the Premises or any part thereof, smokeor any of its contents, dustor will cause a cancellation of any insurance covering the Premises or any part thereof, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premisesits contents. Without Landlord's prior written consent, Tenant shall not receivedo or permit to be done anything in, store on or otherwise handle about the Premises which will in any productway obstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises or injure or annoy them, material or merchandise which is explosive use or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any method of storage) loads upon the floors, walls, or ceiling which would render endanger the insurance thereon void structure, or the insurance risk more hazardous or cause the Insurance Commissioner place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises. Tenant shall distribute floor loading not place anything or allow anything to be placed near the glass of any window, door partition or wall that may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in accordance with design loads for or at the BuildingPremises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, reasonable attorneys' fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with any applicable law. Tenant shall comply with any term, covenant, condition, or restriction ("TCC&R's") affecting the Premises. The provisions of this Paragraphparagraph 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.
Appears in 1 contract
Sources: Lease Agreement (Alliance Fiber Optic Products Inc)
Use. (a) The Tenant shall use and occupy the Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically Permitted Uses set forth in the Basic Lease Information Section 1.01(e) hereof, and for no other purposes whatsoeverpurposes. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation use or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for permit the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect portion thereof to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary be used for any such use. Tenant purpose other than the Permitted Uses or for any unlawful purpose or in any unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances ordinances, orders, rules and regulations applicable to the use Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or subleases with third party vendors of Tenant's choice for the purpose of operating any of the facilities referred to in the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in the Premises, and nor bring or keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall promptly comply with all governmental orders and directives for be any increase in the correctionrate of insurance on the Building or its contents, prevention and abatement of nuisances Tenant hereby agrees to pay such increase. Tenant shall not do anything in or upon, about the Premises and/or Project which will in any way obstruct or connected with, unreasonably interfere with the Premises, all at Tenant's sole expenserights of other tenants or occupants of the Project. Tenant shall not permit any objectionable nuisance in, on or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store commit or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises suffer to be used for committed any purpose waste in or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of upon the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Use. (a) The Tenant will used and occupy the Premises shall be used only for executive and administrative offices for the conduct sale and display of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information fabrics at wholesale only and office use and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation use or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablepurpose. Tenant will not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Building or that will increase the rate of insurance on the Premises or on the Building. Tenant will pay all extra insurance premiums on the Building which may be caused by the use which Tenant shall make of the Premises (other than a use stated in the first sentence hereof). Tenant will not (a) use or permit upon the Premises anything that may be dangerous to be used for any purpose life or limb; (b) in any manner (including without limitation any method of storage) which would render the insurance thereon void deface or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for injure the Building is caused by Tenant's use and occupancy or any part thereof or overload the floors of the Premises; or (c) do anything or permit anything to be done upon the Premises in any way tending to create a nuisance or tending to disturb any other tenant in the Building or the occupants of neighboring property, or if Tenant vacates tending to injure the Premises and causes an increase in such premiums, then Tenant shall pay the amount reputation of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance further not carry-on or permit any activities which might: (1) involve the storage, use or disposal of medical or hazardous waste substances or the creation of an environmental hazard; or (2) impair or interfere with design loads (i) the structure of the Building or the operation of Building systems, (ii) the character, reputation or appearance of the Building as a first-class building, (iii) the furnishing of services (including utilities, telephone and communications) to any portion of the Building, or (iv) the enjoyment by an other occupants of the Building or the benefits of such occupancy (for example, free of noise, odors or vibration emanating from the Premises). The Premises shall not be used for the Buildingpurposes of any so called "office suites", schools, employment agencies or medical treatment facilities. Unless the Premises shall be closed because of needed repairs, revisions or decorating, Tenant shall hold harmless otherwise keep the same open, fully lighted and available for business activity during each and every day of the Term hereby demised, Saturdays, Sundays and holidays as established by Landlord from any losstime to time only excepted, liability and expensesthe same shall be kept open by Tenant each day for business during the customary business hours established in the Building which are currently from 9:00 A.M. to 5:00 P.M. and during such additional hours (including Saturdays, both real Sundays and alleged, arising out of or caused holidays established by Tenant's negligence or failure Landlord from time to comply with this Paragraph.time) during market exhibitions in the Building when
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office use, and administrative offices for the conduct of any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit to be done in or about the Premises or Building anything which is prohibited by or in any objectionable way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or unpleasant odorswhich may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, smokeor which will increase the existing rate of or affect any fire or other insurance upon the Premises or Building or any of its contents, dustor cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents. Tenant shall not handle, gasuse, noise store or vibrations to emanate from otherwise put any hazardous material on the Premises, nor take without first notifying Landlord of its intention to do so and identifying the hazardous material and safety plan which shall ensure that any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without such hazardous material is properly controlled, safeguarded, and disposed of, and obtaining Landlord's prior written consent, which consent may be reasonably withheld and may be conditioned upon absolute indemnification by Tenant and accompanying bond. Tenant shall not receive, store do or otherwise handle any product, material permit anything to be done in or merchandise which is explosive or highly flammable. Tenant will not permit about the Premises or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises or Building to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premisesimproper, immoral, or if unlawful purpose, nor shall Tenant vacates cause, maintain or permit any nuisance, in, on or about the Premises and causes an increase in such premiumsor Building or commit or suffer to be committed any waste in, then Tenant shall pay on or about the amount of such increase to Landlord as Additional RentPremises or Building.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord.
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials inside the common areas outside of Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Commercial Lease (Medcross Inc)
Use. (a) The SECTION 5.01. Tenant shall use and occupy the Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information business and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation use or warranty by Landlord that such business occupy or uses are lawful suffer or permissible under any certificate permit the use or occupancy of occupancy for the Premises or any part thereof in any manner which in Landlord's judgment shall adversely affect or interfere with (i) any services required to be furnished by Landlord to Tenant or to any other tenant or occupant of any part of the Building; (ii) the proper and economical delivery of any such service; or, (iii) the use or enjoyment of any part of the Building by any other tenant or are otherwise permitted by lawoccupant. Landlord doesWithout limiting the foregoing, howeverTenant shall not use the Premises for the storage, represent preparation or consumption of food or beverages beyond that necessary to provide a kitchen/lunchroom facility for its employees.
SECTION 5.02. Tenant shall not use or occupy, suffer or permit the Premises or any certificate part thereof to be used in any manner, or anything to be done therein or suffer or permit anything to be brought into or kept therein, which would: (a) cause substantial or objectionable noise, (b) violate any laws or requirements of occupancy issued a Governmental Authority, (c) make void or voidable any insurance policy then in force with respect to the Premises shall allow use for executive Building and administrative offices. Tenant shall Common Areas, (d) make unobtainable from reputable insurance companies authorized to do business in the State of Connecticut at its own cost and expense obtain standard rates any and all licenses and permits necessary for any such use. Tenant shall comply fire insurance with all governmental lawsextended coverage, ordinances and regulations applicable or liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of a Superior Mortgage, (e) cause, or be likely to cause, physical damage to the use Building, Common Areas or any part thereof, (f) constitute a public or private nuisance, (g) impair the appearance, character or reputation of the PremisesBuilding, and shall promptly comply with all governmental orders and directives for (h) discharge objectionable fumes, vapors or odors into the correction, prevention and abatement of nuisances Building's air conditioning system or into the Building's flues or vents or otherwise in or uponsuch manner as may unreasonably offend other occupants, or connected with(i) impair or interfere with any of the Building's services, including the Premisesfurnishing of electrical energy, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odorsthe proper and economic cleaning, smoke, dust, gas, noise air conditioning or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants servicing of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates impair or interfere with the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of any of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.other
Appears in 1 contract
Use. 5.1 Lessee (aand its permitted assignees and subtenants) The shall use the Premises shall be used only for executive and administrative offices for the conduct of Tenant's general business, limited to administrative, sales, service, and product development, not in violation of the uses specifically set forth in the Basic Lease Information protective or restrictive covenants hereinafter referred to, and for no other purposes whatsoeverpurpose without the prior written consent of Lessor. The statement as to the particular nature of the Lessee shall operate its business to be conducted by Tenant in the Premises during the entire Lease Term and uses in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to annoy or disturb any persons occupying adjacent premises either within or without the Building.
5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building structure or to any space to such a degree as to be made thereof by Tenant as set forth objectionable to Lessor or to any tenant, occupant, or other person in the Basic Lease Information Building. Lessee shall not constitute a representation make or warranty by Landlord permit any odor that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect is objectionable to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable public or to the use other occupants of the PremisesBuilding, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any goods or would disturb materials delivered to or endanger any other tenants sent from the Premises to be done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or unreasonably interfere with their use of their respective premisessuch other dock area as Lessor may designate. Without Landlord's prior written consent, Tenant Under no circumstances shall not receive, store Lessee allow any goods or otherwise handle any product, material materials delivered to or merchandise which is explosive or highly flammable. Tenant will not permit sent from the Premises to be used for any purpose stored on, accumulate on or in any manner (including without limitation any method obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of storage) which would render the insurance thereon void Building or the insurance risk more hazardous Property. Lessee acknowledges that violations of this Paragraph 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or cause permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout cleaning, or repair of goods or materials, to be done on the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building is caused by Tenant's use and occupancy of or the PremisesProperty.
5.5 Lessee shall not use, handle, store, deal in, discharge, or if Tenant vacates fabricate any environmentally hazardous wastes, substances or materials as the Premises same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and causes an increase similar materials which are not in such premiums, then Tenant shall pay the amount of such increase to Landlord reportable quantities as Additional Rentdefined and required by Federal or State Laws.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Sublease (Towne Services Inc)
Use. (a) The Premises shall be used only by Lessee for executive Sales of Rugged ---- computers and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information such other use as is normally incident thereto and for no other purposes whatsoeverpurpose, in accordance with the rules and regulations attached and those which may be promulgated for the mutual benefit of Lessor and its then similarly situated lessees. The statement as to Additionally, Lessee shall not offer at the particular nature Premises any of the business services which Lessor provides to its other lessees, including, but not limited to, those amenities or services described in Schedules "A" and "B" attached. In the event Lessee breaches any provision of this paragraph, Lessee shall be conducted by Tenant in default hereunder and Lessor shall be entitled to exercise any rights or remedies under Section 9 below, and in addition to such rights and remedies, Lessee shall pay Lessor the Premises and uses sum of $300.00 per week as liquidated damages for each such breach so long as such breach shall continue.
(b) Lessee will not make or permit to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate use of occupancy for the Premises which would violate any of the terms of this Agreement or which directly or indirectly is forbidden by public law, ordinance or government regulations or which may be dangerous to life, limb, or property, or which may invalidate or increase the premium of any policy of insurance carried on the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponon Lessor's Facility, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable which will suffer or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner or anything to be brought into (including without limitation any method of storageor kept there) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase which, in the fire and extended coverage insurance premiums paid by Landlord judgment of Lessor, shall in any way impair or other tenants for tend to impair the character, reputation or appearance of the Building is caused by Tenant's use and occupancy as a high quality office building, or which will impair or interfere with or tend to impair or interfere with any of the Premises, services performed by the lessor for Lessee or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentfor others.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (aa.) The Premises Tenant shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business not do or permit to be conducted by Tenant done in or about the Premises and uses Premises, nor bring or keep or permit to be made thereof brought or kept therein, anything which is prohibited by Tenant as set forth or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the Basic Lease Information shall not constitute a representation standard form of fire insurance policy, or warranty by Landlord that such business would in any way increase the existing rate of or uses are lawful affect any fire or permissible under any certificate of occupancy for the Premises or other insurance upon the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponcontents, or connected with, cause a cancellation of any insurance policy covering the Premises, all at Tenant's sole expenseBuilding or any part thereof or any of its contents. Tenant shall not do or permit any objectionable anything to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take any other action Premises which would constitute a nuisance in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purposes, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance or the insurance risk more hazardous waste in, on or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(bb.) Tenant agrees shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the floor load resulting from Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's furniture, inventory and equipment pertaining to Tenant's use obligations under this Paragraph shall survive the expiration or other termination of the Premises shall not exceed allowable design floor loading for the Buildingthis Lease. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out For purposes of or caused by Tenant's negligence or failure to comply with this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos containing materials, PCB's, CFC's, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials.
Appears in 1 contract
Use. (a) The Subject to the terms and provisions hereof, Tenant may use and enjoy the Premises only for the sale, lease, trade or repair of motor or other vehicles and other uses in the course of prudent business practices normally associated therewith including, without limitation, the sale of parts and services. Without limiting the generality of the foregoing, the provisions relating to use of the Premises shall be used only for executive broadly construed to encompass all uses normally associated with premises occupied by automobile, boat and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenserecreational vehicle dealerships. Tenant shall not permit any objectionable use or unpleasant odorsoccupy, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or occupied, nor do or permit anything to be done in any or on the Premises in a manner (including without limitation any method of storage) which would render the insurance thereon void constitute a public or the insurance risk more hazardous private nuisance, or cause the Insurance Commissioner which would violate (i) any laws, regulations, ordinances, or other insurance authority to disallow requirements of any sprinkler credits. If any increase Governmental Authority having jurisdiction in the fire and extended coverage insurance premiums paid by Landlord Premises including, without limitation, those which relate to Hazardous Materials, or other tenants for (ii) any recorded restrictive covenants covering the Building is caused by Premises provided that such restrictive covenants do not impair Tenant's use and occupancy of the Premises, or if Tenant vacates Premises for the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentpurposes set forth herein.
(b) Tenant covenants and agrees that Tenant shall not at any time maintain on, dispose of or generate on or discharge or release to or from the floor load resulting Premises, or permit any party in possession through or under Tenant to maintain on, dispose of, discharge from or generate or release on the Premises, any "Hazardous Materials" (hereafter defined), except for (i) any Hazardous Materials that may be used, generated or maintained in the ordinary course of Tenant's furniture, inventory and equipment pertaining to Tenant's use of operations at the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading use permitted under Section 6.1(a) and which are disposed of in accordance with design loads for all applicable environmental laws, and (ii) any asbestos in any form existing on the BuildingPremises as of the date of this Lease. Subject to the foregoing, Tenant or any party in possession through or under Tenant or any persons occupying or present on the Premises with the consent of Tenant shall hold harmless not at any time discharge from, spill or release to the Premises any Hazardous Materials. Except for any asbestos in any form existing on the Premises as of the date of this Lease (the proper disposition of which shall always be the responsibility of Landlord), Tenant agrees to comply, and to cause all its employees, agents, contractors, invitees, customers and any other persons occupying or present on the Premises with the consent of Tenant to comply, with all applicable building codes and other federal, state and municipal laws, directives, orders, ordinances and regulations (collectively "Laws") relating to Hazardous Materials with respect to any use by Tenant of such Hazardous Materials and with all Laws relating to the environment. The term "Hazardous Materials" as used herein shall include any hazardous waste, hazardous substances or any pollutant or contaminant as defined by 42 U.S.C. Section 9601, and any toxic substances, petroleum, oil, asbestos or other hazardous materials, chemical or substances now or hereafter regulated by any Laws relating to hazardous or toxic materials, wastes or substances and/or the environment. The foregoing covenants and agreements of Tenant shall survive the term and expiration or termination of this Lease, and Tenant shall immediately notify Landlord of its receipt of any report, citation, notice or other writing by, to or from any loss, liability governmental or quasi-government authority and expenses, both real and alleged, arising out power to regulate or oversee any of the foregoing activities or caused by Tenant's negligence in any way related to or failure to comply connected with this ParagraphHazardous Materials.
Appears in 1 contract
Use. Throughout the Term (ahereinafter defined) The of this Lease, Tenant shall continuously use and occupy the Premises shall be used only for general and executive offices, warehousing and administrative offices for the conduct installation, operation and maintenance of Tenant's businesstelecommunications equipment and transmission facilities, including but not limited to to, a switch facility and customer collocation provising equipment, and other uses normally related thereto (the uses specifically set forth in the Basic Lease Information "Permitted Use") and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officespurpose. Tenant shall at its own cost and sole expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances rules, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers, pursuant to law, which will impose any duty upon Landlord or Tenant with respect to or arising out of Tenant's use or occupancy of the Premises. If Tenant receives notice of any violation of law, ordiance, order or regulation applicable to the use of the Premises, and it shall promptly comply with all governmental orders and directives for give prompt notice thereof to the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not permit any objectionable injure, overload, deface or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from commit waste in the Premises, or any part of the Building, nor take permit the occurrence of any other action nuisance therein or, unless otherwise permitted herein, the emission therefrom of any objectionable noise or odor, nor use or permit any use of the Premises which would constitute a nuisance is improper, offensive, contrary to law or would disturb ordinance or endanger which is liable to render necessary any other tenants alterations or additions in the Building, nor obstruct in any manner any portion of the Building or unreasonably interfere with their use of their respective premisesappurtenant land. Without Tenant may not, without Landlord's prior written consent, Tenant shall not receiveinstall in the Premises any water fountains, store refrigerators, sinks or otherwise handle any productcooking equipment, material or merchandise which is explosive or highly flammable. Tenant provided that Landlord's consent will not permit be unreasonably withheld with respect to items designed for the Premises to be used for any purpose or in any manner (including without limitation any method convenience of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Tenant's employees and further provided that special venting or other insurance authority to disallow any sprinkler credits. If any increase matters are not required in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentconnection therewith.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Use. (a) The Tenant shall use and occupy the Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically Permitted Use set forth in the Basic Lease Information Section 1.01(e) hereof, and for no other purposes whatsoeverpurposes. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation use or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for permit the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect portion thereof to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary be used for any such use. Tenant purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances ordinances, orders, rules and regulations applicable to the use Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises, and nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall promptly comply with be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all governmental orders and directives times during the Term of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of four persons for every one thousand square feet of the correction, prevention and abatement of nuisances Premises without Landlord's consent. Tenant shall not do or permit anything to be done in or upon, about the Premises and/or Project which will in any way obstruct or connected with, interfere with the Premises, all at Tenant's sole expenserights of other tenants or occupants of the Project or injure or annoy them. Tenant shall not permit any objectionable nuisance in, on or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take . Tenant shall not commit or suffer to be committed any other action which would constitute a nuisance waste in or would disturb or endanger any other tenants upon the Premises. Without limitation of the Building or unreasonably interfere with their use of their respective premises. Without foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of, within or about the Premises or any other portion of the Project, any asbestos-containing materials or any sold, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall not receivecomply with all applicable laws, store rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises removal required to be used for any purpose performed with respect to such asbestos-containing, toxic or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentmaterials.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Office Lease (Carreker Antinori Inc)
Use. Tenant shall only use and occupy the premises (a) The Premises shall be used only for executive general office purposes, (b) to house, operate and administrative offices maintain telecommunications equipment and (c) for the conduct of Tenant's business, limited activities ancillary to the uses specifically set forth specified in the Basic Lease Information immediately preceding two clauses (collectively, the "PERMITTED USE"), and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without purpose without Landlord's prior written consent. Tenant will not (i) use the Premises for any unlawful, Tenant shall not receivedisreputable, store or otherwise handle extra-hazardous purpose, (ii) maintain or allow any productpublic or private nuisance in the Premises, material (iii) disturb the quiet enjoyment of any other tenant, (iv) permit any operation on the Premises which might emit offensive odors into other portions of the building, (v) use any apparatus which might make undue noise or merchandise set off undue vibrations in the building or (vi) permit any activity or anything to be kept or used which is explosive would increase the fire insurance rate or highly flammableother insurance rates on the building or contents. Tenant will not permit the Premises to be used for any purpose which, in Landlord's reasonable opinion, impairs the reputation or character of the building. Tenant shall not install nor permit the installation of any signs in or upon the Premises which are visible from the exterior hereof without the written consent of Landlord. Tenant shall not obstruct or use the sidewalks, entries, passages, vestibules, halls, elevators or stairways of the building for any manner (including without limitation any method of storage) which would render the insurance thereon void purpose other than ingress or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority egress to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of from the Premises, or if Tenant vacates the Premises and causes an increase in such premiumsthrow, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furnitureor sweep, inventory and equipment pertaining to Tenant's use or put anything out of the Premises windows or doors, or in the passages or corridors of the building. Landlord shall not exceed allowable design floor loading for include in each lease of, and in each other occupancy or use agreement for, every portion of the Buildingbuilding, other than the Premises, a section that is substantially the same as this section, modified only by the description of the Permitted Use. Tenant Landlord shall distribute floor loading enforce such section in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability all such Leases and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphagreements.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office, production, storage and administrative offices for the conduct of any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take Building, or Common Area, anything which is prohibited by or in any other action which would constitute a nuisance or would disturb or endanger any other tenants way in conflict with (in the case of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consenthazardous material, Tenant shall not receivenotify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, store safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or otherwise handle any product, material which may hereafter be enacted or merchandise promulgated or which is explosive prohibited by the standard form of fire insurance policy, or highly flammablewhich will increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Area or cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents, or the Common Area. Tenant shall not do or permit anything to be done in or about the Premises, Building, or the Common Area which will not permit in any way violate Rules or Regulations reasonably promulgated by Landlord, obstruct or interfere with the Premises rights of other tenants, or injure them, or use or allow the Premises, Building or the Common Area to be used for any purpose improper, immoral, or in unlawful purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance, in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, Building, or if Tenant vacates the Premises and causes an increase in such premiumsCommon Area or commit or suffer to be committed any waste in, then on or about the Premises, Building or the Common Area. Tenant shall pay have access to the amount of such increase to Landlord as Additional RentBuilding and Premises on a 24 hour/7 day a week basis.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials in the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphCommon Area.
Appears in 1 contract
Use. (a) 9.1 The Premises shall be used only for executive and administrative offices solely for the conduct of Tenant's business, limited to the uses specifically Permitted Use set forth in the Basic Fundamental Lease Information Provisions and for no other purposes whatsoeverpurposes. The statement as Tenant shall not offer, sell or market any services to other tenants in the Building which services are in competition with services offered by Landlord to tenants in the Building and Tenant shall not offer telecommunication services utilizing the Building, Building Equipment or any conduits, or shafts, whether located within the Premises or outside the Premises, to other tenants in the Building.
9.2 Tenant shall not use, occupy, suffer or permit the Premises, the Building or any part of either to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would (a) make unobtainable at standard rates from any reputable insurance company authorized to do business in the State of New Jersey, any fire insurance with extended coverage or liability, elevator, boiler, umbrella or other insurance, (b) cause, or be likely to cause, injury or damage to the particular nature of Building or to any equipment contained therein or on the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not Premises, (c) constitute a representation public or warranty by Landlord that such business or uses are lawful or permissible under private nuisance, (d) violate any certificate of occupancy for the Premises Building, (e) emit objectionable noise, fumes, vibrations, heat, chilled air, vapors or odors into or from the Building or are otherwise permitted by law. Landlord doesthe equipment contained therein, however(f) impair or interfere with any of the Building services, represent that any certificate including the furnishing of occupancy issued with respect to electrical energy, or the proper and economical cleaning, heating, ventilating, air conditioning or other services of the Building, the equipment contained therein or the Premises shall allow use for executive and administrative officesor (g) violate any Legal Requirement or Insurance Requirement. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesThe restrictions imposed by this Section, and the application thereof, shall promptly comply with all governmental orders and directives for not be limited or modified by the correctionterms of any other provision of this Lease.
9.3 Tenant or Tenant's assignees, prevention and abatement of nuisances subtenants, employees, agents, contractors, invitees or licensees shall not do or permit anything to be done in or upon, about the Premises which will in any way obstruct or connected with, interfere with the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building or unreasonably interfere with their injure them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose which is unlawful, nor shall Tenant cause, maintain or in permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises.
9.4 Tenant shall not use or operate any machinery that, in Landlord's reasonable opinion is, or if Tenant vacates may be, harmful to the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for and/or the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. a. Tenant shall use and occupy the Premises only for the following purpose: fitness and whole health activities. Tenant shall not use or occupy the Premises for any other purpose without the express prior written consent of Landlord.
b. Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises any (acollectively “Hazardous Materials”) The Premises flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used only for executive and administrative offices for the conduct of Tenant's businessin any manner not fully in compliance with all Environmental Laws, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses appurtenant land or allow the Premises to be made thereof become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for the purposes of the operation of a Fitness Studio; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises and the Building or the environment. Tenant shall protect, defend, indemnify and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 5(b).
c. Tenant shall not allow any smoking, or other use of tobacco products, by Tenant as set forth or any guest, invitee, or other person in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional RentBuilding.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises shall be used only for executive offices, receiving, storing, shipping and administrative offices selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto, provided that such uses are in compliance with all applicable Laws; however, no retail sales may be made from the conduct of Tenant's business, limited Premises. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the uses specifically set forth in the Basic Lease Information use, occupancy, and for no other purposes whatsoever. The statement as to the particular nature condition of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord doesPremises; provided, however, represent that any certificate of occupancy issued with respect to Landlord shall deliver the Premises shall allow use for executive and administrative offices. to Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply in a condition which is in compliance with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLaws. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises, ; nor take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not person; nor permit the Premises to be used for any purpose or in any manner that would (including without limitation any method of storage1) which would render void the insurance thereon void or thereon, (2) increase the insurance risk more hazardous risk, or (3) cause the Insurance Commissioner or other insurance authority to disallow disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the fire and extended coverage cost of any insurance premiums paid on the Premises incurred by Landlord or other tenants for the Building Landlord, which is caused by Tenant's use and occupancy of the Premises, Premises or if because Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional RentPremises.
(b) Tenant agrees that and its employees and invitees shall have the floor load resulting non-exclusive right to use, in common with others, the parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Landlord shall not be responsible for enforcing Tenant's furnitureparking rights against any third parties, inventory and equipment pertaining Tenant expressly does not have the right to Tenant's use tow or obstruct improperly parked vehicles.
(c) Landlord shall have the right to establish and amend from time to time, rules and regulations governing all tenants' uses and occupancy of the Premises Building (provided the same are reasonable, non-discriminatory and uniformly enforced), and provided further that in the event of a conflict between those rules and this Lease, this Lease shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphcontrol.
Appears in 1 contract
Use. (a1) The During the Term of this Lease the Leased Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants than as an aircraft hangar for the Building is caused by Tenant's use storage, repair and occupancy operation of airplanes, without the express consent of the PremisesLandlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or if Tenant vacates tenant policy as established by the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase Landlord from time to Landlord as Additional Rent.time;
(b) cause damage to the Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees; and,
(k) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the floor load resulting from Tenant's furniture, inventory Landlord may require the adjustment in the Airport leases and equipment pertaining to Tenant's use as such may demand the Tenant move the Hangar and the location of the Premises Leased Premises. The Landlord shall not exceed allowable design floor loading compensate the Tenant for any expenses in moving the Building. Hangar as agreed between the Parties.
(5) The Tenant shall distribute be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows:
(a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor loading area of 3600 square feet;
(b) the style of the Hangar shall be either a pole barn style building or a metal frame building;
(c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with design loads current Airport standards as approved by the Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord;
(e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations;
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant;
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the BuildingTenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 13 meters wide and 14 meters (Approximate) from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall hold harmless be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any loss, liability and expenses, both real and alleged, arising every claim which may or might arise out of or caused the proper exercise by Tenant's negligence or failure to comply with this Paragraphthe Tenant of any of the rights granted herein.
Appears in 1 contract
Sources: Hangar Lease
Use. (a) The Premises shall be used only for executive general office, production, storage and administrative offices for the conduct of any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take Building, or Common Area, anything which is prohibited by or in any other action which would constitute a nuisance or would disturb or endanger any other tenants way in conflict with (in the case of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consenthazardous material, Tenant shall not receivenotify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, store safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or otherwise handle any product, material which may hereafter be enacted or merchandise promulgated or which is explosive prohibited by the standard form of fire insurance policy, or highly flammablewhich will increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Area or cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents, or the Common Area. Tenant shall not do or permit anything to be done in or about the Premises, Building, or the Common Area which will not permit in any way violate Rules or Regulations reasonably promulgated by Landlord, obstruct or interfere with the Premises rights of other tenants, or injure them, or use or allow the Premises, Building or the Common Area to be used for any purpose improper, immoral, or in unlawful purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance, in, on or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, Building, or if Tenant vacates the Premises and causes an increase in such premiumsCommon Area or commit or suffer to be committed any waste in, then on or about the Premises, Building or the Common Area. Tenant shall pay have access to the amount of such increase to Landlord as Additional RentBuilding and Premises on a 24 hour/7 day a week basis.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord.
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials in the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphCommon Area.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive the purpose of receiving, storing, shipping and administrative offices for the conduct of selling (other than retail) products, materials and merchandise made and/or distributed by Tenant's business, limited to the uses specifically set forth in the Basic Lease Information computer integration, configuration and repairs, and for no such other lawful purposes whatsoeveras may be incidental thereto. The statement as to the particular nature Outside storage, including, without limitation, storage of the business to be conducted by Tenant in the Premises trucks and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord doesother vehicles, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesis prohibited without Landlord’s prior written consent. Tenant shall at have the right to park its own cost company truck in a dock position on an overnight basis. Tenant shall have the non-exclusive right to use, in common with other tenants of the Building, the parking provided and expense obtain any and all licenses and permits necessary for any designated as such useby Landlord. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's ’s sole expense. No pets or other animals of any kind shall be permitted on the Premises or parking areas surrounding the Premises except for seeing-eye dogs used by handicapped employees, provided that Landlord is notified that such dogs will be utilized and Tenant cleans up any debris created by such dogs. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from or outside of the Premises, nor take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants lessees of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise in which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler creditsare a part. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount cost of such increase any modifications to Landlord the Premises, the Building in which the Premises are located and the common areas required as Additional Rent.
(b) Tenant agrees that the floor load resulting from a result of Tenant's furniture, inventory and equipment pertaining to Tenant's ’s particular use of the Premises shall not exceed allowable design floor loading for the BuildingPremises. Tenant shall distribute floor loading have the right to locate a rubbish compactor and a cardboard ▇▇▇▇▇▇ in accordance with design loads for one of the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphtruck docks provided that same are covered.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office space and administrative offices for the conduct of any other lawful purpose incidental to Tenant's business, limited and no other, unless consented to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted writing by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenseLandlord. Tenant shall not do or permit to be done in or about the Premises or Building anything which is prohibited by or in any objectionable way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or unpleasant odorswhich may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, smokeor which will increase the existing rate of or affect any fire or other insurance upon the Premises or Building or any of its contents, dustor cause a cancellation of any insurance policy covering the Premises or Building or any part thereof or any of its contents. Tenant shall not handle, gasuse, noise store or vibrations to emanate from otherwise put any hazardous material on the Premises, nor take without first notifying Landlord of its intention to do so and identifying the hazardous material and safety plan which shall ensure that any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without such hazardous material is properly controlled, safeguarded, and disposed of, and obtaining Landlord's prior written consent, which consent may be reasonably withheld and may be conditioned upon absolute indemnification by Tenant and accompanying bond. Tenant shall not receive, store do or otherwise handle any product, material permit anything to be done in or merchandise which is explosive or highly flammable. Tenant will not permit about the Premises or Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants, or injure them, or use or allow the Premises or Building to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premisesimproper, immoral, or if unlawful purpose, nor shall Tenant vacates cause, maintain or permit any nuisance, in, on or about the Premises and causes an increase in such premiumsor Building or commit or suffer to be committed any waste in, then Tenant shall pay on or about the amount of such increase to Landlord as Additional RentPremises or Building.
(b) Tenant agrees that shall not use the floor load resulting from name of the Building in which the Premises are located, in connection with any business carried on in said Premises (except as Tenant's furniture, inventory and equipment pertaining to Tenant's use address) without written consent of the Premises Landlord.
(c) Tenant shall not exceed allowable design floor loading for manufacture, assemble or store materials inside the common areas outside of Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Commercial Lease (Bui Inc)
Use. (a) The Premises shall may be used only for executive any purpose permitted by Laws, including, but not limited to, office purposes, light manufacturing or assembly, and administrative offices for the conduct product research and testing of Tenant's businessmedical devices, limited and other uses incidental to the uses specifically foregoing, but subject to the terms, conditions and restrictions set forth in the Basic Lease Information Planned Unit Development Agreement, as modified by the City of New Brighton Resolution No. 07-103 and a Planned Unit Development Declaration executed by Landlord (as modified, the "PUD"), Contract for no other purposes whatsoeverPrivate Redevelopment between the City of New Brighton and Landlord (the "Developer's Agreement) and the Declaration (defined in Section 5.2(a)(5) herein). The statement as Tenant shall comply with all present and future Laws, the PUD, and the Developer's Agreement relating to the particular nature Tenant's use or occupancy of the business Premises (and make any repairs, alterations or improvements as required to comply with all such Laws, provided that in no event shall Tenant be responsible for making any required repairs, alterations or improvements required by any Laws existing as of the Commencement Date unless due to Tenant's specific and unique use or occupancy of the Premises), and shall observe the "Building Rules" (as defined in Section 27 - Rules and Regulations). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises or any part thereof. Tenant shall not permit the Premises to be conducted by occupied or used in any manner that will constitute waste or a nuisance. Tenant in shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises and uses to be made thereof by Tenant as set forth anything that may cause substantial noise, odor or vibration, overload the floors in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisesheating, ventilating and shall promptly comply with all governmental orders and directives for air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the correction, prevention and abatement of nuisances in or uponBuilding ("Building Systems"), or connected with, jeopardize the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants structural integrity of the Building or unreasonably interfere with their use any part thereof; (ii) connect to the utility systems of their respective premises. Without Landlord's prior written consentthe Building any apparatus, Tenant shall not receive, store machinery or otherwise handle other equipment other than as contemplated in the second sentence of this Section 5.1; or (iii) connect to any product, material or merchandise which is explosive or highly flammable. Tenant will not permit electrical circuit in the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner equipment or other insurance authority to disallow any sprinkler credits. If any increase load with aggregate electrical power requirements in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy excess of 80% of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use rated capacity of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphcircuit.
Appears in 1 contract
Use. (a) The Lessee shall only use and occupy the Premises shall be used only for executive and administrative offices for the conduct of TenantPermitted Use described in Section
1.1. Lessee agrees, subject to Lessor's businessobligation to provide basic janitorial services, limited to maintain the uses specifically set forth Premises in the Basic Lease Information a clean, orderly and for no other purposes whatsoever. The statement as healthful condition and to the particular nature comply with all laws, ordinances, rules and regulations pertaining to Lessee's occupancy and use of the business Premises. Lessee shall not do or permit to be conducted by Tenant done in or about the Premises and uses Property nor bring, keep or permit to be made thereof brought or kept therein, anything which is prohibited by Tenant as set forth the attached Exhibit "E" or by any standard form fire insurance policy or which will in any way increase the Basic Lease Information shall not constitute a representation existing rate of, or warranty by Landlord that such business affect, any fire or uses are lawful or permissible under any certificate of occupancy for the Premises or other insurance upon the Building or are otherwise permitted by lawits contents, or which will cause a weight load or stress on the floor or any other portion of the Premises in excess of the weight load or stress which the floor or other portion of the Premises is designed to bear. Landlord doesLessee, howeverat Lessee's sole cost, represent that shall comply with all laws affecting the Premises, including but not limited to ADA, and with the requirements of any Board of Fire Underwriters or other similar body now or hereafter instituted, and shall also comply with any order, directive or certificate of occupancy issued with respect pursuant to any laws which affect the Premises shall allow condition, use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises . Lessor shall not exceed allowable design floor loading be liable to Lessee for the Building. Tenant shall distribute floor loading any other occupant's or tenant's failure to conduct itself in accordance with design loads for the Building. Tenant provisions of this Article 6, and Lessee shall hold harmless Landlord not be released or excused from the performance of any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure its obligations due to comply with this Paragraphany such failure.
Appears in 1 contract
Use. (a) The Tenant shall be permitted to use the Premises only for the following and no other use or purpose: (i) general and executive offices (and uses ancillary thereto); and (ii) research and development, manufacturing and laboratory use (and uses ancillary thereto), but only to the extent that such research and development, manufacturing and laboratory use (and uses ancillary thereto) is of the same manner and scope as exists in the Premises as of the Commencement Date. In any event, Tenant’s use of the Premises shall be used only for executive subject in all instances to all zoning ordinances, all other Laws and administrative offices for the conduct of Tenant's businessInsurance Requirements (as hereinafter defined), limited and such other covenants, conditions, restrictions and other encumbrances to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in which the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation are or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. become subject.
(b) Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise occupy or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for or occupied, nor do or permit anything to be done in or on the Premises or any purpose or part thereof, in a manner that would in any manner (including without limitation way violate any method of storage) which would render the insurance thereon void Laws, Insurance Requirements, or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and certificate of occupancy of affecting the Premises, or if make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by Tenant, or that will cause or be likely to cause structural injury to any of the Improvements, or that will constitute a public or private nuisance or waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant vacates the Premises and causes an increase in such premiums(and, then except as otherwise expressly provided herein, Tenant shall pay not have) any right, power or permission to do or permit any act or to make any agreement that may create, give rise to, or be the amount foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of such increase to Landlord as Additional Rentin the Premises.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall be used only solely for executive general office and administrative offices for R&D purposes, including research and development pertaining to stem cells, cancer diagnostic testing from blood and urine samples, as well as the conduct development and light manufacturing of Tenant's businessstem cell-based products and hydrogels to assist in transplanting cells during surgical procedures and related uses, limited to all consistent with the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature character of the business to be conducted by Tenant in Buildings as first-class office and R&D buildings (the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises"Permitted Use"), and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any other purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Buildingpurposes whatsoever. Tenant shall distribute floor loading not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of Exhibit D, attached hereto, or in accordance with design loads for violation of the Buildinglaws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with the Rules and Regulations and all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Project (but with respect to any new or amended covenants, conditions, restrictions, and ground or underlying leases, only after Tenant has received thirty (30) days' prior written notice thereof from Landlord); provided, however, that (i) in the event of conflict between the Rules and Regulations and any modifications thereto and the terms of this ParagraphLease, this Lease shall control; (ii) such Rules and Regulations are not enforced on a discriminatory basis against Tenant; and (iii) in no event shall Landlord enter into any new covenants, conditions or restrictions affecting the Project or consent to any modification to any existing covenants, conditions, and restrictions affecting the Project that would materially increase Tenant’s obligations under this Lease or materially restrict or reduce Tenant’s rights under this Lease.
Appears in 1 contract
Sources: Lease (Biotime Inc)
Use. (a) The Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, microbiology and chemical laboratory and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be used only for executive in accordance with all current and administrative offices for the conduct of Tenant's businessfuture applicable governmental laws and ordinances and zoning restrictions, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoeverpurpose. The statement as Notwithstanding anything to the particular nature contrary herein, in no event shall any or all of the business Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or injure or unreasonably interfere with their annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose immoral or in unlawful purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or cause ceiling which endanger the Insurance Commissioner structure, or place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the Building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises or on any portion of the common area of the Complex. Tenant shall distribute floor loading not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in accordance with design loads for or at the BuildingPremises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, reasonable attorneys’ fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the terms of this ParagraphLease. Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. Tenant acknowledges that Landlord has provided a copy of said CC&R’s to Tenant. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any Tenant or occupant of the Complex.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office and administrative offices warehouse purposes, including the design and prototyping of various medical products, for such other uses as may be designated on the conduct of Tenant's businessData Sheet and only for such other lawful purposes as may be incidental thereto. Outside storage including, limited to the uses specifically set forth in the Basic Lease Information without limitation, storage trucks and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises vehicles, outside garbage containers and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses outdoor furniture are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesprohibited. Tenant shall at its own cost be obligated to keep the area surrounding the garbage dumpster free from trash and expense obtain any debris and all licenses in a clean and permits necessary for any such usesanitary condition. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or any nuisance in, upon, or connected with, the Premises, all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with any governmental laws, ordinances, regulations, orders, or directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of Tenant's specific use of the Premises or Building, in which event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise noise, or vibrations to emanate from the Premises, nor take any other action which would that may constitute a nuisance or would may disturb or endanger any other tenants of the Building or neighboring buildings, or unreasonably interfere with their any other tenant's use of their respective its premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including manner, including, without limitation limitation, the storage or parking of automobiles or trailers, nor any method of storage) which storage that would render the insurance thereon on the Building or the Property void or the insurance risk insured risks more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler creditshazardous. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building Property is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rent the amount of such increase to Landlord as Additional Rentincrease.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc)
Use. (a) The Premises Storage Space shall be used only and occupied by Tenant (and its permitted subtenants and occupants) solely for executive storage purposes ancillary and administrative offices incidental to its permitted use and occupancy of the Premises and/or as a battery room for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information ’s emergency generator and for no other purposes whatsoeverpurpose. The statement as to Throughout the particular nature term of the business to be conducted by Lease, Tenant in the Premises shall not, and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation direct, suffer or warranty by Landlord that permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of (except for such business handling, use or uses are lawful storage as is customary and reasonably necessary for first-class office use in comparable buildings located in midtown Manhattan) in, on or permissible under any certificate of occupancy for about the Storage Space, the Premises or the Building any of the following materials (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or are otherwise permitted materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by law. Landlord doesor under any federal, however, represent that any certificate of occupancy issued with respect state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Storage Space, the Premises shall or the Building and appurtenant land or allow use for executive and administrative officesthe environment to become contaminated with any Hazardous Materials. Tenant shall at its own cost protect, defend, indemnify and expense obtain hold each and all of Landlord and the other parties indemnified under Section 6.12(b) of the Lease harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits necessary for attorney’s fees) incurred by reason of any such use. failure of Tenant shall to fully comply with all governmental lawsapplicable Environmental Laws, ordinances and regulations or the presence, handling, use or disposition in or from the Storage Space or the Premises of any Hazardous Materials (even though permissible under all applicable to Environmental Laws or the use provisions of the PremisesLease, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponas amended hereby), or connected withby reason of any failure of Tenant to keep, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premisesobserve, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount perform any provision of such increase to Landlord as Additional Rentthis Section 3.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Tenant shall use and occupy the Premises shall be used only for executive office, assembly, manufacturing, warehouse, and administrative offices for distribution purposes (the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices“Intended Uses”). Tenant shall at its own cost use the Premises in a careful, safe and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, proper manner and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in not use or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method prohibited by the Certificate of storage) which would render Occupancy issued for the insurance thereon void Premises or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy laws of the PremisesUnited States or the State of Colorado, or if any subdivision thereof. Tenant vacates shall neither do nor permit to be done any act or thing upon the Premises and causes an increase in such premiums, then Tenant which shall pay or might subject the amount Landlord to any liability or responsibility for injury to any person or persons or to property by reason of such increase to Landlord as Additional Rentany business or operation carried on upon the Premises or for any reason.
(b) Tenant agrees In the event that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the floor load resulting Premises are being used by Tenant or anyone claiming through Tenant for a purpose which is a violation of any permit, Certificate of Occupancy, statute, ordinance or other requirement of law applicable to the Premises, Tenant shall, upon ten (10) days’ written notice from Tenant's furnitureLandlord, inventory and equipment pertaining to Tenant's immediately discontinue such use of the Premises Premises.
(c) Tenant, at its sole expense, shall not exceed allowable design floor loading for comply with all laws, orders and regulations of federal, state, city and other governmental authorities, and with any direction of any public officer or officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the BuildingPremises, or the use or occupation thereof. Without limiting the generality of the foregoing, Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraphany such laws, orders, or regulations, including but not limited to the Americans With Disabilities Act and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, which relate to the operation, design or construction of the Premises; all applicable health codes; and all applicable laws regarding or relating to possession or disposal of wastes.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises shall be used only for executive such office, assembly, storage, distribution and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information manufacturing activities as are allowed under existing zoning and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expenserecorded covenants. Tenant shall not conduct, or allow to be conducted, on or within the Premises any business or permit any objectionable act which in any way increases the cost of fire insurance on the building or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute constitutes a nuisance or would disturb is contrary to or endanger any other tenants in violation of the Building laws, statutes or unreasonably interfere ordinances of local state or federal governments having jurisdiction and Tenant agrees to comply, at Tenant's expense, with their use all governmental regulations, to include those relating to the Americans with Disabilities Act (ADA). TENANT WILL PAY TO BRING THE PREMISES INTO COMPLIANCE WITH ANY REVISIONS TO THE AMERICANS WITH DISABILITIES ACT (ADA) AFTER THE COMMENCEMENT DATE OF THE LEASE. Any violation of their respective premises. Without Landlord's prior written consent, this provision by Tenant shall not receivebe a material breach of this Lease, store entitling Landlord to exercise any rights or otherwise handle remedies contained herein or provided by law or other authority. LANDLORD AND TENANT HEREBY AGREE THAT THE MANUFACTURING OF WAFERS AS CONTEMPLATED BY THE TENANT DOES NOT VIOLATE EXISTING ZONING OR ANY RECORDED RESTRICTIVE COVENANTS. It is hereby agreed and understood that the following functions are prohibited outside the building walls or in the parking or service areas: storage of any item; manufacture or assembly of any product, material ; refuse accumulation; rallies or merchandise which is explosive meetings; any conduct of business. Personal property of Tenant of any type or highly flammable. Tenant will not permit size shall be permitted outside the Premises to be used for any purpose only during times of loading or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentunloading operations.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The From the Commencement Date, Tenant shall continuously use and occupy the Demised Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the PremisesPermitted Use, and shall promptly comply with all governmental orders and directives for not injure or deface the correctionProperty, prevention and abatement of nuisances nor permit in or uponthe Demised Premises any auction sale, vending machine, or connected withinflammable fluids or chemicals, or nuisance, or the Premises, all at Tenant's sole expense. Tenant shall not permit emission from the Demised Premises of any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisesodor, nor take use or devote the Demised Premises or any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used part thereof for any purpose or in other than the Permitted Use, nor any manner (including without limitation any method use thereof which is inconsistent with the maintenance of storage) which would render the insurance thereon void or Commercial Building as an office building of the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase first class in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's quality of its maintenance, use and occupancy of the Premisesoccupancy, or if Tenant vacates which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the Premises and causes an increase in such premiums, then Tenant shall pay premiums for any insurance on the amount of such increase Commercial Building or its contents or liable to Landlord as Additional Rentrender necessary any alteration or addition to the Commercial Building.
(b) Tenant agrees that shall promptly observe and comply, and shall from time to time make all repairs, alterations or modifications required to comply, with all present and future laws, ordinances, requirements, orders, directives, rules and regulations of Federal, state, city and town governments and all other governmental authorities or any national or local Board of Fire Insurance Underwriters affecting the floor load resulting from Property or the Demised Premises or Tenant's furniture, inventory and equipment pertaining to Tenant's ’s use of the Premises shall not exceed allowable design floor loading for the Buildingthereof. Tenant shall distribute floor loading in accordance with design loads indemnify and hold harmless Landlord, its successors and assigns, from and against any and all penalties or damages charged to or imposed upon Landlord or for the Buildingany violation of any such laws, ordinances, rules or regulations. Tenant shall hold harmless Landlord from not use, or permit the use of, the Demised Premises for any losspurpose which would cause the premiums on Landlord’s fire and casualty insurance to be increased or create a forfeiture or prevent renewal of such insurance.
(c) Tenant shall be responsible, liability at its own cost and expensesexpense, both real for obtaining, prior to the commencement of its operations at the Demised Premises, any and allegedall licenses, arising out permits, inspection fees and renewals thereof required by any governmental or other authority having jurisdiction, for the operation and maintenance of or caused by Tenant's negligence or failure to comply with this Paragraphthe Demised Premises for the Permitted Use.
Appears in 1 contract
Sources: Office Lease (BOSTON OMAHA Corp)
Use. (a) The Tenant shall use the Premises shall for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used only for executive and administrative offices for the conduct of Tenant's business, limited those purposes. Tenant waives any right to the uses specifically set forth terminate this lease in the Basic event the Premises cannot be used for such purposes during the Lease Information and for no other purposes whatsoeverterm. The statement as to the particular nature of the business to premises may not be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary used for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenantother purpose without Landlord's sole expensewritten consent. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything therein which will in any objectionable way increase the existing rate of or unpleasant odorsaffect any fire or other insurance upon the Building or any of its contents, smoke, dust, gas, noise or vibrations to emanate from cause cancellation of insurance policy covering the Premises, nor take Building or any other action which would constitute a nuisance part thereof or would disturb any way obstruct or endanger any interfere with the rights of other tenants or occupants of the Building or unreasonably interfere with their injure or annoy them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose. Tenant shall not commit or suffer to be committed any waste in any manner (including without limitation any method of storage) which would render or upon the insurance thereon void Premises. Tenant shall not place upon or the insurance risk more hazardous or cause the Insurance Commissioner install in windows or other insurance authority to disallow openings or exterior sides of doors or walls of the Premises any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord signs, symbols, drapes or other tenants for the Building is caused by Tenantmaterials without written consent of Landlord. Tenant shall not, without Landlord's use and occupancy of prior written consent, keep any substances designated as, or containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, common area, or if Tenant vacates property, except office supplies, ordinary cleaning products and the Premises and causes an increase like, normally found in such premiumsgeneral business offices, then which Tenant shall pay the amount use, store and dispose of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenantin accordance with manufacturer's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Buildingsuppliers' recommendations and all applicable laws. Tenant shall distribute floor loading in accordance with design loads be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the Building. Tenant shall hold harmless Landlord from any lossuse, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.storage,
Appears in 1 contract
Sources: Commercial Lease (Nutraceutix Inc)
Use. (a) The Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant’s business, provided that such uses shall be used only for executive in accordance with all applicable governmental laws and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information ordinances and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more hazardous Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or cause ceiling, which endanger the Insurance Commissioner structure, or place any harmful fluids or other insurance authority to disallow any sprinkler credits. If any increase materials in the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped upon or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall not exceed allowable design floor loading for be stored upon or permitted to remain outside the BuildingPremises or on any portion of common area of the Complex. No loudspeakers or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall distribute floor loading not commit or suffer to be committed any waste in accordance with design loads for or upon the BuildingPremises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, attorneys’ fees or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. The provisions of this Paragraphparagraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information general business office purposes and for no other purposes whatsoeveruse or purpose. The statement as Tenant shall comply with all present and future Laws relating to the particular nature Tenant's use or occupancy of the business Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - RULES AND REGULATIONS). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be conducted by Tenant occupied or used in any manner that will constitute waste, a nuisance, be deemed to be disreputable in any manner, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation be used for educational activities (other than training purposes for Tenant's own on-site employees or warranty by Landlord business related personnel), practice of medicine or any of the healing arts, providing social services, or for any governmental use (including embassy or consulate use). Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that such business may cause substantial noise, odor or uses are lawful or permissible under any certificate of occupancy for vibration, overload the floors in the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that overload or damage any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premisesheating, ventilating and shall promptly comply air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, sprinklers, life safety, security, the Interbuilding Communication System (as defined in Section 9.2(d) below) or other systems in the Building (collectively along with all governmental orders and directives for the correctionHVAC, prevention and abatement of nuisances in or upon"BUILDING SYSTEMS"), or connected with, jeopardize the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants structural integrity of the Building or unreasonably interfere with their any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect (directly, or indirectly through use of intermediate devices, electrified strip molding, or otherwise) to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. Tenant may, at its expense, install and use microwave ovens, refrigerators, dishwashers and similar appliances in an employee lounge area for the purpose of enabling employees to prepare food for their respective premisesown consumption, and Tenant may also provide catered food service to its employees and other business related personnel from time to time in connection with business meetings on the Premises. Without Landlord hereby consents to provide to Tenant, at Landlord's prior written consentcost, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit a sign on the Premises to be used for any purpose or in any manner (including without limitation any method Building's directory of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase tenants located in the fire and extended coverage insurance premiums paid by Landlord or other tenants for lobby of the Building is caused by Building, which sign may be only the Tenant's use name and occupancy shall be consistent with the style of other names on the Premisesdirectory, or if Tenant vacates and a building standard sign at the Premises and causes an increase in such premiums, then Tenant shall pay main entrance to the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphPremises.
Appears in 1 contract
Sources: Lease Agreement (Riddell Sports Inc)
Use. (aa.) The Premises shall be used only for executive general office purposes and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to without the particular nature prior written consent of the business to Landlord, which may be conducted by Tenant granted or denied in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at TenantLandlord's sole expenseabsolute discretion. Tenant shall not do or permit any objectionable to be done in or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or would in any way increase the existing rate of or affect any fire or other action insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which would constitute a nuisance in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purposes, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render the insurance thereon void nuisance or the insurance risk more hazardous waste in, on or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of about the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(bb.) Tenant agrees shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), providing that the floor load resulting from Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's furniture, inventory and equipment pertaining to Tenant's use obligations under this Paragraph shall survive the expiration or other termination of the Premises shall not exceed allowable design floor loading for the Buildingthis Lease. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out For purposes of or caused by Tenant's negligence or failure to comply with this Paragraph, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, asbestos containing materials, PCB's, CFC's, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of Hazardous Materials.
Appears in 1 contract
Sources: Office Lease (Redenvelope Inc)
Use. (a) 5.01 The Demised Premises shall be used only and occupied by Lessee solely for executive Office, R&D, Distribution and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information Warehouse and for no other purposes whatsoeveror additional purpose without the prior written consent of Lessor.
5.02 Lessee shall not use the Demised Premises or permit anything to be done in or about the Demised Premises which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The statement judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as to the particular nature of the business between Lessor and Lessee. Lessee shall not do or permit anything to be conducted by Tenant done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponIndustrial Center, or connected withinjure or annoy them, or use or allow the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Demised Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Lessee cause, maintain or permit any manner (including without limitation nuisance in, on or about the Demised Premises or commit or suffer to be committed any method of storage) which would render waste in, on or about the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Demised Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) 5.01 The Demised Premises shall be used only and occupied by lessee solely for executive an office, distribution and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information warehouse and for no other purposes whatsoeveror additional purpose without the prior written consent of Lessor.
5.02 Lessee shall not use the Demised Premises or permit anything to be done in or about the Demised Premises which is prohibited by or will in any way conflict with any law, statute ordinance or governmental rule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Industrial Building or any of its contents, or cause any change or cancellation of such insurance. The statement as to the particular nature judgment of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate court of occupancy for the Premises competent jurisdiction or the Building admission of Lessee in any action against Lessee, whether Lessor be a party thereto or are otherwise permitted by not, that Lessee has violated any law. Landlord does, howeverstatute, represent that any certificate of occupancy issued ordinance or governmental rule, regulation or requirement with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Demised Premises, shall be conclusive of that fact as between Lessor and Lessee. Lessee shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances not do or permit anything to be done in or uponabout the Demised Premises which will in any way obstruct or interfere with the rights of other tenants in the Industrial Building, or connected withinjure or annoy them, or use or allow the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Demised Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Lessee cause, maintain or permit any manner (including without limitation nuisance in, on or about the Demised Premises or commit or suffer to be committed any method of storage) which would render waste in, on or about the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Demised Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Premises Tenant shall be used only for executive use the Demised Premises, subject to the terms of this Lease, solely as and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information Permitted Uses and for no other purposes whatsoeverpurpose. The statement as Tenant shall not suffer or permit the Demised Premises or the Building or any part of either to be used in any manner, nor suffer or permit anything to be done therein or anything to be brought into or kept therein, which, in the particular nature reasonable judgment of Landlord, shall in any way: impair the character, reputation or appearance of the business Building as a high quality office building, impair or interfere with any of the Building’s services or the proper and economic heating, cleaning, air conditioning, ventilating or other servicing of the Building or the Demised Premises, impair or interfere with the use of any part of the Building, or cause discomfort, inconvenience or annoyance to be conducted by any of the other tenants or occupants of the Building. Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation use nor permit the use of the Demised Premises or warranty by Landlord that such business the Building or uses are lawful or permissible under any part thereof, in any case, in violation of the terms of this Lease, the certificate of occupancy for the Demised Premises or the Building, if any, or any ground or underlying lease for the Building or are otherwise permitted by lawand/or the land of which the Demised Premises form a part, if any. Landlord does, however, represent that any certificate of occupancy issued with respect Notwithstanding anything to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consentcontrary contained herein, Tenant shall not receive, store use or otherwise handle permit any product, material Tenant Party (as hereinafter defined) or merchandise which is explosive any party to use all or highly flammable. Tenant will not permit any part of the Demised Premises to be used for any purpose of the following: (1) overnight stays or residential use of any kind; (2) retail use of any kind that involves the presence of the general public in the Demised Premises; (3) real estate brokerage or property management; (4) a short-term desk rental, co-working or shared-office site, or an employment, personnel or executive search agency; (5) any health care, rehabilitation, massage, clinic, counseling or exercise facility of any kind, including, but not limited to, a medical or dental office; (6) any foreign or domestic government or any subdivision, agency, department, or instrumentality thereof, including, without limitation, any foreign, federal, state or local governmental or quasi-governmental body, agency or department, or any other authority or entity that is affiliated therewith or controlled thereby, or any person, group or entity that enjoys diplomatic, sovereign or any other form of immunity from civil or criminal process; (7) any political, labor, not-for-profit, religious, charitable, eleemosynary, school or educational entity, or any other similar type of organization; (8) the sale or distribution of any goods, services or merchandise not expressly permitted by the terms of this Lease; (9) the live performance of any form of entertainment not being recording for Tenant’s business, including, but not limited to, singing and/or the playing of any musical instrument of any kind in any manner whatsoever at any time, without regard to whether or not admission is charged for any live vocal or musical performance (provided however, that acoustic music sessions for Tenant’s employees shall be permitted so long as Tenant ensures no noise or vibration from same shall not be heard outside of the Demised Premises); (10) cooking, other than the warming of prepared foods for employee’s lunches and snacks in one or more small microwave ovens or through the use of induction burner(s); (11) a messenger service; (12) banking, cash machine, check cashing and the like; (13) except as otherwise expressly permitted in this Lease, a recording studio. Tenant’s recording studio use shall be solely conditioned upon Tenant sound-proofing the portions of the Demised Premises utilized for same (such that no noise/vibration may be heard outside of the Demised Premises and no noise/vibration from outside of the Demised Premises may be heard in the Tenant-utilized portions of the Demised Premises which Tenant utilizes for such ancillary recording studio use); (14) sale, display or distribution of lewd or pornographic materials, alcohol, tobacco products or firearms of any kind; (15) the manufacture of any product; (16) any activity which involves the storage, use or generation of medical waste, corrosive or toxic solids, liquids or gasses and/or any hazardous materials; and (17) any occupancy or use which makes excessive demands on the Building’s services or facilities. For the purposes of this Lease, “Tenant Party” means any of Tenant, space, any subtenant or any other permitted user of the Demised Premises (including without limitation any method affiliate of storageTenant that in any case occupies the Demised Premises or any portion thereof) which would render or any person claiming by, through or under Tenant, and each of their respective direct or indirect partners, officers, shareholders, directors, members, trustees, beneficiaries, employees, principals, contractors, licensees, agents, representatives, maintenance personnel acting on behalf of Tenant or any permitted user and guests and invitees at the insurance thereon void Premise or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional RentBuilding.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (BuzzFeed, Inc.)
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information general office purposes and for no other purposes purpose whatsoever. The statement as to the particular nature of the business to be conducted by Tenant Any kitchenette facilities installed in the Premises shall be ancillary to the office use and uses shall consist of no more than a sink, dishwasher, refrigerator, microwave, and other UL-rated countertop cooking equipment such as, for example, only, and not by way of limitation, a toaster oven or coffeemaker. Lessee shall not do or permit to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances done in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from about the Premises, nor take bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other action insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Lessee shall not use, store, or dispose of in the Premises any hazardous at toxic substances, with the sole exception of such substances as are ordinarily used in the course of normal office operations (such as copier fluids), provided that such substances are kept in only such quantities as are reasonably required for normal office operations and are used, handled, stored, and disposed of in accordance with all applicable laws. Losses shall not do or permit anything to be done in or about the Premises which would constitute a nuisance will in any way obstruct or would disturb or endanger any interfere with the rights of other tenants of the Building Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose unlawful purpose, nor shall Lessee cause, maintain or permit any nuisance in, on, or about the Premises or commit or suffer to be committed any waste in, on, or about the Premises. Notwithstanding anything to the contrary in any this paragraph, Lessor understands and agrees that Lessee intends to locate computers, servers, and other equipment in a secure climate-controlled portion of the Premises in a manner (including without limitation any method similar to other web hosting services. Lessee also requires sufficient electrical capacity to the Premises for the operation of storage) which would render normal office equipment as well as the insurance thereon void or computer equipment and air conditioning equipment for the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase climate-controlled room in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase . Lessor hereby consents to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to TenantLessee's use of the Premises and installation of the equipment as described in this paragraph and agrees that Lessee shall not exceed allowable design floor loading be liable for any additional costs, other than electricity which shall be separately metered to the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this ParagraphPremises.
Appears in 1 contract
Sources: Office Lease (Medicalogic Inc)
Use. (a) The Premises premises shall be used only and occupied by Tenant solely for executive general office, business consulting, software development and administrative offices for the conduct of Tenant's businesslicensing, limited to the uses specifically set forth in the Basic Lease Information and related services and for no other purposes whatsoeverwithout the prior consent of Lessor, which consent shall not unreasonably be withheld. The statement as 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 activities or the use by Tenant 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, which shall tend unreasonably to disturb other tenants of the Building, or which shall violate the terms of any recorded restrictions affecting the Building, nor shall Tenant place or maintain any signs on or visible from the exterior of the premises without Lessor's written consent, or use any corridors, sidewalks, or other areas outside of the premises for storage or any purpose other than access to the particular nature of the business premises. Tenant shall not use, keep, or permit to be conducted by used or kept on the premises any foul or noxious gas or substance or any hazardous or toxic material, nor shall Tenant in the Premises and uses do or permit to be made thereof done anything in and about the premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause a cancellation of any policy of insurance maintained by Tenant as set forth Lessor in connection with the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises premises or the Building or are otherwise permitted by law. Landlord doeswhich would violate the terms of any covenants, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or uponconditions, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of restrictions affecting the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise the land on which it is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentlocated.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Premises Rental Sub Lease Agreement
Use. (a) The Lessee shall use the Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information general office purposes and for no other purposes whatsoeverpurpose without the prior written consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, 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 Premises. Sublessee shall not do or suffer anything to be done upon the Premises which will cause structural injury to the premises or the building of which the same form a part. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation be overloaded and no machinery, apparatus or warranty by Landlord that such business other appliance shall be used or uses are lawful operated in or permissible under any certificate of occupancy for upon the premises which will injure, vibrate or shake the Premises or the Building or are otherwise permitted by lawbuilding of which it is part. Landlord does, however, represent that any certificate No use shall be made of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain which will in any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to way impair the use efficient operation of the sprinkler system (if any) within the building containing the Premises. No musical instrument of any sort, and shall promptly comply with all governmental orders and directives or any noise making devise will be operated or allowed upon the premises for the correction, prevention and abatement purpose which will increase the existing rate of nuisances insurance upon the building in or uponwhich the Premises are located, or connected with, cause a cancellation of any insurance policy covering the Premises, all at Tenant's sole expense. Tenant shall not permit building or any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler creditspart thereof. If any increase in act on the fire and extended coverage insurance premiums paid by Landlord part of Sublessee or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises by Sublessee shall not exceed allowable design floor loading for cause, directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from exercise of any lossother rights or remedies, liability and expenses, both real and alleged, arising out or constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or caused by Tenant's negligence or failure to comply with this Paragraphuse.
Appears in 1 contract
Sources: Sublease Agreement (Digitas Inc)
Use. (a1) The During the Term of this Lease the Leased Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants than as an aircraft hangar for the Building is caused by Tenant's use storage, repair and occupancy operation of airplanes, without the express consent of the PremisesLandlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or if Tenant vacates tenant policy as established by the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase Landlord from time to Landlord as Additional Rent.time;
(b) cause damage to the Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees; and,
(k) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the floor load resulting from Tenant's furniture, inventory Landlord may require the adjustment in the Airport leases and equipment pertaining to Tenant's use as such may demand the Tenant move the Hangar and the location of the Premises Leased Premises. The Landlord shall not exceed allowable design floor loading compensate the Tenant for any expenses in moving the Building. Hangar as agreed between the Parties.
(5) The Tenant shall distribute be permitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows:
(a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor loading area of 3,600 square feet;
(b) the style of the Hangar shall be either a pole barn style building or a metal frame building;
(c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with design loads current Airport standards as approved by the Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord;
(e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations;
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant;
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the BuildingTenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 19 metres wide and 6.5 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall hold harmless be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any loss, liability and expenses, both real and alleged, arising every claim which may or might arise out of or caused the proper exercise by Tenant's negligence or failure to comply with this Paragraphthe Tenant of any of the rights granted herein.
Appears in 1 contract
Sources: Hangar Lease Agreement
Use. Tenant shall not use the Demised Premises in violation of applicable Requirements (a) The as defined in Section 8.1). Except to the extent required in connection with the operation of the Demised Premises and reasonable amounts of materials required in connection with Tenant's present business activities at the Demised Premises (each of which shall be used only for executive stored, used, treated and administrative offices disposed of in compliance with all Environmental Laws), Tenant shall not and shall not permit any Subtenants to, use any portion of the Demised Premises for the conduct storage, treatment, disposal, warehousing or distribution of Tenant's businessany flammables, limited explosives, or radioactive materials, asbestos-containing materials, hazardous or toxic materials, gasoline, waste, or other petroleum products, soil or water pollution, hazardous wastes, toxic substances, corrosive materials, potentially or allegedly carcinogenic substances, substances alleged or believed to the uses specifically set forth result in the Basic Lease Information reproductive toxicity, or similar substances or materials, including without limitation, any substances or materials defined as hazardous, toxic or environmentally unsafe under any governmental law, regulation or ordinance. Tenant shall not, and for no other purposes whatsoevershall not permit any subtenants to, commit any acts or omissions which would give rise to liability under any Environmental Law. The statement as to the particular nature of the business Tenant will not suffer any act to be conducted by Tenant in the Premises and uses done or any condition to exist thereon or any part thereof or any article to be made thereof brought thereon, which may be dangerous, unless safeguarded as required by Tenant as set forth law, or which may, in the Basic Lease Information shall not law, constitute a representation nuisance, public or warranty by Landlord that such business private, or uses are lawful which may make void or permissible under voidable any insurance then in force with respect thereto. Tenant will not use or allow the Demised Premises or any part thereof to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental lawscompliance, ordinances and regulations applicable to if any, covering or affecting the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Demised Premises or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentpart thereof.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. (a) The Premises shall be used only for executive general office, administrative, call center use and administrative offices for the conduct of all other legal uses (“Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever’s Use”). The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in or about the Premises or the Building anything which is prohibited by or in any way in conflict with any and uses to all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be made thereof enacted or promulgated by Tenant as set forth in any applicable governmental authority or which is prohibited by the Basic Lease Information shall not constitute a representation standard form of fire insurance policy, or warranty by Landlord that such business which will increase the existing rate of or uses are lawful affect any fire or permissible under any certificate of occupancy for other insurance upon the Premises or the Building or are otherwise permitted by law. Landlord doesany of its contents, however, represent that or cause a cancellation of any certificate of occupancy issued with respect to insurance policy covering the Premises shall allow use for executive and administrative offices. Tenant shall at or the Building or any part thereof or any of its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expensecontents. Tenant shall not do or permit anything to be done in or about the Premises or the Building which will in any objectionable way violate the Rules or unpleasant odorsRegulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, smoke, dust, gas, noise obstruct or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants of in the Building, or injure them, or use or allow the Premises or the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose immoral or in unlawful purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance, in, on or about the insurance thereon void Premises or the insurance risk more hazardous Building or cause commit or suffer to be committed any waste in, on or about the Insurance Commissioner Premises or other insurance authority the Building. However, Landlord will take reasonable efforts to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's not interfere with Tenants’ permitted use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then . Tenant shall have access to the Building and Premises on a 24 hour/7 day a week basis. Building hours shall be Monday—Friday 8:00 A.M.—6:00 P.M. and Saturday 9:00 A.M.—12:00 P.M., except holidays. Tenant shall be responsible for and shall pay for any increased building security costs, HV AC costs and utilities due to Tenant’s occupancy and the amount operation of HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that Tenant shall have the right to audit such increase costs in the same manner as Tenant’s right to Landlord as Additional Rentaudit Operating Expenses pursuant to Article 7 of this Lease.
(b) Tenant agrees that shall not use the floor load resulting name of the Building in which the Premises are located, in connection with any business carried on in the Premises (except as Tenant’s address) without written consent of Landlord.
(c) Tenant shall not manufacture, assemble or store materials inside the Common Areas outside of Building.
(d) Hazardous material. Tenant shall not bring or permit its agents, employees or contractors to bring on the Premises any asbestos, lead, PCBs, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local law or regulation, excluding normal office and janitorial supplies (“Hazardous Materials”) unless licensed by the state of Utah and approved by Landlord. Tenant’s violation of the foregoing prohibition shall constitute a material breach and Tenant Event of Default under Section 18 of this Lease Tenant shall indemnify, hold harmless and defend Landlord from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys’ fees and court costs) caused by or arising out of (i) a violation ofthe foregoing prohibition or (ii) the use or any release of any Hazardous Materials by Tenant or its agents, employees, contractors, or customers on, under, or about the Premises during Tenant's furniture’s occupancy or control of the Premises. Tenant shall clean up, inventory remove, remediate and equipment pertaining to repair any soil or ground water contamination and damage caused by the presence or release by Tenant or its agents, employees, contractors, or customers of any Hazardous Materials in, on, under, or about the Premises during Tenant's use ’s occupancy of the Premises shall not exceed allowable design floor loading for in conformance with the Buildingrequirements of applicable law. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless immediately give Landlord from written notice of any loss, liability and expenses, both real and alleged, arising out suspected breach of or caused by Tenant's negligence or failure to comply with this Paragraph, upon learning of the presence or any release of any Hazardous Materials, and upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises. The obligations of Tenant hereunder shall survive the expiration or earlier termination, for any reason, of this Lease.
Appears in 1 contract
Use. (a) The Premises facitily will be utilized to manufacture, store and distribute pharmaceutical active ingredients, inactive ingredients; semi-finished, finished generic branded pharmaceuticals, including Cephalexin: Cephalexin, Cefadroxil, Cefdinir, Cefditoren, Cefixime, Cefpodoxime, Cefprozil, Ceftibuten, Cefuroxime, Cephradine. Lessee shall be used only use the leased premises for executive general office and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other warehouse purposes whatsoeveronly. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant Lessee shall at its own cost and expense obtain any and all licenses licenses, certificate of occupancy, recycling permit, D.E.R.M. approval, and permits necessary for any such use. Tenant Lessee shall comply with all governmental lawsnot, ordinances without Lessor’s permission, use or do, or allow anything to be used or done upon the leased premises which will invalidate any policy of insurance now or hereafter carried on the building or on any contents thereof, or which may be dangerous, explosive, or that may be damaging to life and regulations applicable to limb, or which will cause an increase in the use rate of fire insurance on the building. If Lessor grants said permission it shall be solely on the condition that Lessee shall pay on demand any increase in insurance premiums on the building or on the contents thereof resulting from said use. Lessee shall not in any manner deface or injure the building or any part thereof, or overload the floors of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant leased premises; Lessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations odors to emanate escape or be emitted from the Premises, nor take leased premises or do anything or permit anything to be done in any way tending to disturb any other action which would constitute a nuisance or would disturb or endanger any other tenants of tenant in the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void building or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy occupants of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rentneighboring buildings.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (GeoPharma, Inc.)
Use. (a) The Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the conduct of Tenant's business, limited to the uses specifically set forth purpose shown in the Basic Lease Information Paragraph 1B and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by law or will in any and all licenses and permits necessary for way increase the existing rate of (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of Premises or the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause cancellation of any Insurance covering the PremisesPremises or the Complex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner (including without limitation any method of storage) which would render nuisance in, on or about the insurance thereon void Premises or the insurance risk more Complex. No sale by auction shall be permitted on the Complex. Tenant shall not place any loads upon the floors, walls or ceiling which endanger the structure, or use or store any harmful, hazardous or cause the Insurance Commissioner toxic fluids or materials or other insurance authority materials in or about the Complex to disallow any sprinkler credits. If any increase in include the fire and extended coverage insurance premiums paid by Landlord drainage system of the building, or overload existing electrical or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, mechanical systems. No waste materials or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant refuse shall pay the amount of such increase be dumped or permitted to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. Other than where specifically designated by Landlord, if any, there shall not exceed allowable design floor loading for be no smoking anywhere in or adjacent to the Buildingbuilding including the area outside the building entrances. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Area of the Complex. Tenant shall distribute floor loading not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in accordance with design loads for or at the BuildingPremises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless Landlord from against any loss, expense, damage, reasonable attorney's fees, or liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or the failure of Tenant to comply with the provisions of this Paragraphparagraph and any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises or the Complex. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Use. (a) The Tenant shall use the Premises shall be used only for executive in conformance with applicable governmental laws, regulations, rules and administrative offices ordinances for the purpose of General office, research and development, customer support labs, limited product sub-assembly and system testing, and storage uses necessary for Tenant to conduct of Tenant's business, limited to the provided that such uses specifically set forth shall be in the Basic Lease Information accordance with all applicable governmental laws and ordinances and for no other purposes whatsoeverpurpose. The statement as to the particular nature of the business Tenant shall not do or permit to be conducted by Tenant done in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for about the Premises or the Building Complex nor bring or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect keep or permit to be brought or kept in or about the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain or the Complex anything which is prohibited by or will in any and all licenses and permits necessary for way increase the existing rate (or otherwise affect) fire or any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to insurance covering the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Complex or uponany part thereof, or connected withany of its contents, or will cause a cancellation of any insurance covering the PremisesComplex or any part thereof, all at Tenant's sole expenseor any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the Building Complex or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit 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 or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or in inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any manner (including without limitation nature shall be stored upon or permitted to remain outside the Premises or on any method portion of storage) which would render common area of the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner Complex. No loudspreaker or other insurance authority device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to disallow be committed any sprinkler creditswaste in or upon the Premises. If Tenant shall indemnify, defend and hold Landlord harmless against any increase in loss, expense, damage, attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the fire and extended coverage insurance premiums paid by Landlord or other tenants Premises. The provisions of this paragraph are for the Building benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex. TERM* The term of this Lease shall be for a period of FIVE ( 5 ) years (unless sooner terminated as hereinafter provided) and, subject to Paragraphs 2(B) and 3, shall commence on the 1st day of June , 2000 and end on the 31st day May of 2005. Possession of the Premises shall be deemed tendered and the term of this Lease shall commence when the first of the following occurs: One day after a Certificate of Occupancy is caused granted by the proper governmental agency, or, if the governmental agency having jurisdiction over the area in which the Premises are situated does not issue certificates of occupancy, then the same number of days after certification by Landlord's architect or contractor that Landlord's construction work has been completed; or Upon the occupancy of the Premises by any of Tenant's operating personnel; or When the Tenant Improvements have been substantially completed for Tenant's use and occupancy of the Premisesoccupancy, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance and compliance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out Exhibit B of this Lease Agreement; or caused by Tenant's negligence or failure to comply with this ParagraphAs otherwise agreed in writing.
Appears in 1 contract
Sources: Lease Agreement (Com21 Inc)
Use. (a) The Premises shall be used only for executive general office purposes and administrative offices as a computer server room containing fiber optic and telephone devices and electrical switching devices (the "Data Center"), and for no other purpose without the written consent of Landlord. Tenant shall not do or permit to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them, or allow any excessive noises, vibrations or odors to emit from the Premises, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or commit or suffer to be committed any waste in, on or about the Premises. Tenant shall keep the blinds closed on any first (1st) floor windows through which telephone or computer equipment may be seen from outside the Premises, as determined by Landlord.
(b) Tenant shall not use the name of the Building or any similar name in connection with any business carried on by Tenant (except as Tenant's address) without written consent of Landlord which Landlord may withhold in its sole and absolute discretion.
(c) Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the zoning of the Building or the suitability of the Premises for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the nor whether said business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise is permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Use. 5.1 Lessee (aand its permitted assignees and subtenants) The shall use the Premises shall be used only for executive and administrative offices for the conduct of Tenant's general business, limited to administrative, sales, service, and product development, not in violation of the uses specifically set forth in the Basic Lease Information protective or restrictive covenants hereinafter referred to, and for no other purposes whatsoeverpurpose without the prior written consent of Lessor. The statement as to the particular nature of the Lessee shall operate its business to be conducted by Tenant in the Premises during the entire Lease Term and uses in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to annoy or disturb any persons occupying adjacent premises either within or without the Building.
5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building structure or to any space to such a degree as to be made thereof by Tenant as set forth objectionable to Lessor or to any tenant, occupant, or other person in the Basic Lease Information Building. Lessee shall not constitute a representation make or warranty by Landlord permit any smoke or odor that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect is objectionable to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable public or to the use other occupants of the PremisesBuilding, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Building.
5.3 Lessee shall cause all loading and unloading of any goods or would disturb materials delivered to or endanger any other tenants sent from the Premises to be done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or unreasonably interfere with their use of their respective premisessuch other dock area as Lessor may designate. Without Landlord's prior written consent, Tenant Under no circumstances shall not receive, store Lessee allow any goods or otherwise handle any product, material materials delivered to or merchandise which is explosive or highly flammable. Tenant will not permit sent from the Premises to be used for any purpose stored on, accumulate on or in any manner (including without limitation any method obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of storage) which would render the insurance thereon void Building or the insurance risk more hazardous Property. Lessee acknowledges that violations of this Section 5.3 shall constitute a material breach of this Lease.
5.4 Lessee shall not perform or cause permit any work, including, but not limited to, assembly, construction, mechanical work, painting, drying, layout, cleaning, or repair of goods or materials, to be done on the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for loading dock, sidewalks, driveways, parking areas, landscaped areas of the Building is caused by Tenant's use and occupancy of or the PremisesProperty.
5.5 Lessee shall not use, handle, store, deal in, discharge, or if Tenant vacates fabricate any environmentally hazardous wastes, substances or materials as the Premises same are now or hereafter may be defined or classified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto except for cleaning supplies, toners, and causes an increase similar materials which are not in such premiums, then Tenant shall pay the amount of such increase to Landlord reportable quantities as Additional Rentdefined and required by Federal or State Laws and in compliance with all applicable laws.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease (Clarus Corp)
Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information Permitted Uses and for no other purposes whatsoeverpurpose without Landlord's prior written consent. The statement as to Tenant will use the particular nature Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesPremises. Tenant shall at its own cost and expense obtain use commercially reasonable efforts to prevent any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any materially objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor Premises or take any other action which that would constitute a nuisance or would disturb unreasonably disturb, interfere with or endanger Landlord or any other tenants of party. Tenant, at its sole cost and expense, shall use and occupy the Building Premises in compliance with all laws, ordinances, regulations and building codes, including, without limitation, the ADA (hereinafter defined), judgments, codes, directives, permits, licenses, covenants and restrictions now or unreasonably interfere with their use of their respective premiseshereafter applicable to the Premises. Without Landlord's prior written consent, Tenant The Premises shall not receivebe used as a place of public accommodation under the ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, store all as may be amended from time to time. Tenant shall, at its cost and expense, make any alterations or otherwise handle modifications, within or outside the Premises, that are required by any productsuch law, material ordinance, regulation or merchandise which is explosive or highly flammablebuilding code. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would: (including without limitation a) void any method of storageinsurance on the Premises; (b) which would render increase the insurance thereon void or the insurance risk more hazardous or risk; (c) cause the Insurance Commissioner or other insurance authority to disallow disallowance of any sprinkler credits. If ; (d) be prohibited by any increase in the fire and extended coverage insurance premiums paid by Landlord applicable law, ordinance, regulation or other tenants for the Building building code; or (e) violate any applicable agreement to which Tenant is caused by Tenant's use and occupancy bound or of the Premises, or if which Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Renthas notice.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 1 contract
Sources: Lease Agreement (SunOpta Inc.)