Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)
Use. The Premises demised premises shall be used solely only for the Permitted Use set forth in purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the Basic Lease Provisionspremises. The Premises Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises 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 in which their premises are situated 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other creditstenants for the building in which Tenant occupies space 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 as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss, liability, and expenses, both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesparagraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. The Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall be used solely not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for the Permitted Use set forth those purposes specified in the Basic Lease Provisionspreceding sentence shall not be prohibited. The Premises If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall be used in compliance pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now laws concerning the Premises or hereafter applicable to Tenant's use of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With Disabilities Actobligation at Tenant's cost to alter, 42 U.S.C. § 12101maintain, et seq. (together or restore the Premises in compliance and conformity with all laws relating to the regulations promulgated pursuant theretocondition, “ADA”) (collectivelyuse, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use or occupancy of the Premises which is declared by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any Governmental Authority (as defined material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in Section 9) having jurisdiction to be a violation excess of a Legal Requirement$25,000. Tenant will shall not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance use of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which that will require ventilationtend to create waste or a nuisance or, air exchange, heating, gas, steam, electricity or water beyond the existing capacity if there shall be more than one tenant of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within building containing the Premises, each of which may weigh approximately 900 pounds plus shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the weight Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within Premises for the Premisesconduct of Tenant's business.
Appears in 2 contracts
Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)
Use. The Tenant may use the Demised Premises as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses or for any other lawful purpose for which Landlord provides it's written consent, such consent not to be unreasonably withheld. Landlord's consent shall be used solely for the Permitted Use set forth deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the Basic Lease ProvisionsEntire Premises, or (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. The Premises Tenant shall be used in compliance with indemnify and hold Landlord harmless of and from all fines or penalties imposed by law arising by reason of the violation by Tenant of any laws, ordersrules, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now ordinances or hereafter applicable regulations relating to the conduct of business in the Demised Premises issued by any governmental authority having jurisdiction over the Demised Premises, . Tenant shall not have any obligation to continuously use or occupy the Demised Premises or conduct business therein during the Term and Tenant shall have the right (at any time and from time to time) to discontinue the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Demised Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation or cease the conduct of a Legal Requirement. Tenant will not business therein; provided, however, that neither the cessation of Tenant's use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use Demised Premises nor the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure discontinuation of the Premisesconduct of business therein shall relieve or discharge Tenant from its obligation to pay Rent, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord Additional Rent or other tenants or occupants of amounts payable by Tenant and perform the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed obligations required by this Lease in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any time and manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesset forth herein.
Appears in 2 contracts
Sources: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)
Use. The Premises demised premises shall be used solely only for the Permitted Use set forth in purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the Basic Lease Provisionspremises. The Premises Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises 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 in which their premises are situated 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other creditstenants for the building in which Tenant occupies space 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 as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss, liability, and expenses, both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesparagraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s reasonable inspection throughout the Term, all lawsgovernmental approvals, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants licenses and restrictions now or hereafter applicable to permits required for the Premises, proper and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which is declared by will in any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation way interfere with the rights of a Legal Requirement. Tenant will not other occupants of the Building or the Project, or use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant’s the Premises or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsProject. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any part insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Tenant shall reimburse Landlord 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 of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s use or enjoyment of the Premises. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s use noncompliance. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting results in a “capital” improvement on Tenant’s part (or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises Tenant’s being obligated to be used reimburse Landlord for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Lettera “capital” improvement), Tenant shall notonly be responsible for the amortized cost of such “capital” improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, without except in the prior written consent event each obligation for “capital” improvements is required due to Tenant’s particular use of Landlord, use the Premises (in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished case Tenants shall be fully responsible for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, entire cost and installation of each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises“capital” investment).
Appears in 2 contracts
Sources: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)
Use. The Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all lawsa distribution center, orderswarehouse facility, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants fulfillment center and restrictions now or hereafter applicable to the Premisesoffice purposes, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as Tenant will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. Tenant shall not cause, maintain or permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof. Tenant shall not sell, or permit to be kept, used, in or about the Leased Premises, any article which may be provided under prohibited by the Work Letterstandard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the Leased Premises, of any insurance organization or company, necessary for the maintenance or reasonable fire and public liability insurance covering the Leased Premises, Building and appurtenances. Tenant shall not, without not place on any floor a load exceeding the prior written consent of Landlord, use the Premises in any manner floor load per square foot which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated such floor was designed to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisescarry.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement (Innotrac Corp), Standard Industrial Lease Agreement (Innotrac Corp)
Use. The 9.1. Tenant shall use the Premises shall be used solely for the Permitted Use purposes set forth in Section 2.7 (or any one, or any combination of, such purposes), and shall not use the Basic Lease ProvisionsPremises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
9.2. The Tenant shall not use or occupy the Premises shall in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises if such use is in violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be used a violation of any of the above. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in compliance with the making by Tenant of the any Alterations to the Premises): (a) all laws, present and future orders, judgmentsregulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any orders, regulations, codesdirections, directivesrules, permitslaws, licensesordinances or requirement that it is contesting in accordance with this Section 9.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, covenants by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all safety, fire protection and restrictions now evacuation procedures and regulations established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or hereafter applicable other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
9.3. Tenant shall not do or permit to be done anything that will invalidate the cost of any fire, environmental, extended coverage or any other insurance policy covering the Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article.
9.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
9.5. No awnings or other projections shall be attached to any outside wall of the Building in violation of any Applicable Laws.
9.6. Tenant shall, at Tenant’s sole cost and expense, have the right to install legally permitted signage on the Premises (including any building thereon) (“Signage”), which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall keep the Signage in good condition and repair. The size, design, and other physical aspects of any sign shall be subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the use permitting, installation, maintenance and occupancy thereofremoval thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), includingor if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Building and any other portions of the Building that Landlord reasonably determines in good faith shall be painted so that repainting the damaged portion of the Building does not adversely affect the visual appearance of the Building, if required by Landlord), Landlord may do so at Tenant’s expense. Tenant shall reimburse Landlord within twenty (20) days after written demand for all reasonable costs incurred by Landlord to effect such maintenance, removal or repair, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to such existing signage, so long as such repairs and replacements: (a) are consistent with the size, design, quality and other physical aspects of the existing signage, (b) are in compliance with Applicable Laws, (c) are paid for at Tenant’s sole cost and expense, and (d) do not adversely affect the visual appearance of the Building. In addition, Tenant shall have the right to incorporate its company logo and trademarks as part of the design of its Signage.
9.7. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Building, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof.
9.8. Tenant shall not (a) use or allow the Premises to be used for unlawful purposes or (b) cause, maintain or permit any waste in, on or about the Premises.
9.9. Notwithstanding any other provision herein to the contrary but subject to Section 9.2 hereof, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance during the Term of the Premises with the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, the “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 2 contracts
Sources: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)
Use. The A. Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises general office use, and for no other purpose.
B. Tenant shall be used in compliance comply with all statutes, laws, rules, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants regulations and restrictions now ordinances affecting the Leased Premises or hereafter applicable to the Premises, and relating to the use or occupancy thereof and occupancy all the orders or recommendations of any insurance underwriters, safety engineers, and loss prevention consultants as may from time to time be consulted by Landlord. In addition, if Landlord makes any alteration to any part of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant or in order to comply with any requirement of any statutes, laws, rules, orders, regulations and ordinances and such requirement is a result of Tenant’s particular business or use of the Leased Premises (as opposed to general office use), then Tenant shall reimburse Landlord upon demand for the cost thereof. In no event shall Tenant use the Leased Premises for purposes which are prohibited by zoning or similar laws or regulations, includingor covenants, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seqconditions or restrictions of record. (together Tenant acknowledges and agrees it is solely responsible for determining if its business complies with the regulations promulgated pursuant theretoapplicable zoning regulations, “ADA”and that Landlord makes no representation (explicit or implied) (collectively, “Legal Requirements” and each, a “Legal Requirement”). concerning such zoning regulations.
C. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of at its sole expense: (i) keep the Leased Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation good order and condition consistent with the operation of a Legal Requirement. Tenant will first-class office building; (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance use of any sprinkler or other credits. Tenant shall not permit any part portion of the Leased Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause ; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry in accordance with the plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, overload, damage or machinery deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building, or the fixtures therein or used therewith, nor permit any hole to be installed made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises so as to reasonably prevent sounds any electrical heating, air conditioning or vibrations from the Premises from extending into Common Areasrefrigeration equipment, or other space in equipment not shown on approved plans which will increase the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas amount of electricity required for use of the Project or in Leased Premises as general office space (other than ordinary office equipment such as personal computers, printers, copiers and the Project elevators like) without first obtaining the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in which shall not be unreasonably withheld; (ix) not install any manner other equipment of any kind or nature which will require ventilationor may necessitate any changes, air exchangereplacements or additions to, or in the use of, the water, heating, gasplumbing, steam, electricity air conditioning or water beyond the existing capacity electrical systems of the Project as proportionately allocated Leased Premises or the Building, without first obtaining the written consent of Landlord.
D. In addition to and not in limitation of the other restrictions on use of the Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the following uses of the Leased Premises shall not be considered to be “office use” and shall not be permitted: (1) any use of the Leased Premises by an organization or person enjoying sovereign or diplomatic immunity; (2) any use of the Leased Premises by or for any medical, mental health or dental practice; (3) any use of the Leased Premises by or for an employment agency or bureau; (4) any use of the Leased Premises for classroom purposes (other than internal or, on an infrequent basis, customer training purposes); (5) any use of the Leased Premises by or for any user which distributes governmental or other payments, benefits or information to persons that personally appear at the Leased Premises; (6) any other use of the Leased Premises or any portion of the Building by any user that will attract a volume, frequency or type of visitor or employee to the Leased Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight or any portion of the contentsBuilding which is not consistent with the standards of a high quality, and Landlord hereby consents to Tenant locating such Fire Safes within first-class office building in the Premisesgeneral area of the Building or that will in any way impose an excessive demand or use on the facilities or services of the Leased Premises or the Building.
Appears in 2 contracts
Sources: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)
Use. The (a) Tenant shall use the Premises shall be used solely for the Permitted Use uses set forth in the Basic Lease ProvisionsInformation, and shall not use the Premises for any other purposes. The Premises Tenant shall be used solely responsible for obtaining any necessary governmental approvals of such use. Except in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. event of (together with the regulations promulgated pursuant thereto, “ADA”1) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority an Abatement Event (as defined in and subject to Section 914(a) having jurisdiction below), (2) damages to be a violation of a Legal Requirement. Tenant will not use or permit the Premises or Building by fire or other casualty (subject to Section 22 below), and subject to Landlord’s rights to (x) temporarily evacuate from (or prevent entry into) or all of the Building for (actual or potential) safety or security purposes, or drill purposes, (y) perform maintenance, repairs and improvements to the Site, Building or Premises, as otherwise provided in this Lease, and (z) exercise any other right or remedy in this Lease, Tenant shall have access to the Building seven (7) days per week, twenty-four (24) hours per day.
(b) Neither the Premises nor any portion thereof may be used for any purpose or in any manner that would void Tenant’s (i) is unlawful, (ii) creates damage, waste or Landlord’s insurance, increase the insurance riska nuisance, or cause the disallowance of any sprinkler (iii) that disturbs occupants of, or other creditscauses damage to, neighboring premises or properties. Tenant shall not permit any part of do, bring, or keep anything in or about the Premises to be used that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason result of Tenant’s failure use, Tenant shall pay to comply with Landlord within 30 days before the provisions date Landlord is obligated to pay a premium on the insurance, or within 30 days after Landlord delivers to Tenant a certified statement from Landlord’s insurance carrier stating that the rate increase was caused solely by an activity of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use on the Premises as permitted in this Lease, whichever date is later, a carefulsum equal to the difference between the original premium and the increased premium. Landlord reserves the right to prescribe the weight and position of all safes, safe fixtures and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises heavy installations that Tenant desires to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed place in the Premises so as to reasonably prevent sounds or vibrations from distribute properly the Premises from extending into Common Areasweight, or other space in the Project. Tenant to require plans prepared by a qualified structural engineer for such heavy objects, which shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon prepared at Tenant’s Share as usually furnished for sole cost and expense.
(c) Tenant may bring bicycles into the Permitted Use. Landlord acknowledges that Tenant intends Building subject to locate at least 4all provisions of this Lease, but up to 8including without limitation Sections 8(b), Fire Safes within the Premises12, each of which may weigh approximately 900 pounds plus the weight of the contents, 16(a) and Landlord hereby consents to Tenant locating such Fire Safes within the Premises17.
Appears in 2 contracts
Sources: Standard Lease Agreement (Allbirds, Inc.), Standard Lease Agreement (Allbirds, Inc.)
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the permitted use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9Paragraph 1(h) having jurisdiction to be a violation of a Legal Requirementhereof). Tenant will not occupy or use the Premises, or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part portion of the Premises to be occupied or used as a “place for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of public accommodation”fire, as defined nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy event that, by reason of acts of Tenant’s failure to comply with , there shall be any increase in the provisions rate of this Section insurance on the Building or otherwise caused contents created by Tenant’s use and/or occupancy 's acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the Premisesamount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will use conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a carefulclean, healthful and safe and proper manner condition and will not commit comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or permit wastebodies having any jurisdiction thereof) with reference to use, overload the floor condition or structure occupancy of the Premises. Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, subject the Premises as set forth in Subparagraph 8(c) hereof, to use that would damage the Premises or obstruct or interfere accessibility by persons with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposedisabilities. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall will not, without the prior written consent of Landlord, use such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to foregoing items in the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that preceding sentence, Tenant intends to locate will maintain such permitted items in good condition and repair at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesall times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. The (a) Tenant shall use the Premises shall be used solely only for the Permitted Use set forth (as defined in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”Information). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not occupy or use the Premises, or permit any part portion of the Premises to be used as a “place occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of public accommodation”fire, as defined nor permit anything to be done that will in any way invalidate or increase the ADA rate of insurance on the Building or any similar legal requirementits contents. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or otherwise caused by Tenant’s use and/or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises. Tenant will use , whether existing as of the Premises in a careful, safe and proper manner and will not commit Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit waste, overload shall be required for the floor or structure proper and lawful conduct of the Premises, subject the Premises to use that would damage Tenant's business in the Premises or obstruct any part thereof, Tenant shall duly procure and thereafter maintain such license or interfere permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the rights terms and conditions of Landlord each such license or other tenants permit. Tenant shall not at any time use or occupants of the Project, including conducting or giving notice of any auction, liquidationoccupy, or going out of business sale on suffer or permit anyone to use or occupy the Premises, or using do or allowing the Premises permit anything to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed done in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common AreasPremises, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation(i) violates the existing, air exchangepermanent Certificate of Occupancy for the Premises; (ii) causes or is likely to cause injury to the Building or any equipment, heating, gas, steam, electricity facilities or water beyond the existing capacity systems therein; (iii) constitutes a violation of the Project as proportionately allocated to Legal Requirements; (iv) materially impairs the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4character, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight reputation or appearance of the contentsBuilding as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and Landlord hereby consents to Tenant locating such Fire Safes within repair of the PremisesBuilding and/or its equipment, facilities or systems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises Use, and shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to not use the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit or suffer the Premises to be used used, for any other purpose without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. Tenant shall comply, and cause Tenant Parties to comply, with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsportion thereof. Tenant shall not permit make any part of the Premises to be used as a “place of public accommodation”, as defined penetrations in the ADA or roof of any similar legal requirementBuilding without the consent of Landlord, and any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall reimburse Landlord promptly upon demand for not commit, or allow Tenant Parties to commit, any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy waste of the Premises. Tenant will use shall not do, or permit Tenant Parties to do, anything on or about the Premises that in a carefulany way invalidates or prevents the procuring, safe and proper manner and will not commit of any insurance protecting against loss or permit wastedamage to any portion of the Premises or its contents, overload the floor or structure against liability for damage to property or injury to persons in or about any portion of the Premises. For purposes hereof, subject "Tenant Parties" means Tenant's agents, contractors, subcontractors, employees, customers, licensees, invitees, assignees and subtenants; and the Premises term "Applicable Laws" means all federal (to use that would damage the extent not in direct conflict with applicable state, municipal or local cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or obstruct any portion thereof, Landlord or interfere Tenant, including both statutory and common law, hazardous waste rules and regulations, and state cannabis licensing and program laws, rules and regulations. Tenant may only place equipment within the Premises with floor loading consistent with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposeapplicable Building's structural design unless Tenant obtains Landlord's prior written approval. Tenant shall cause any may place such equipment or machinery only in a location designed to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus carry the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesequipment.
Appears in 2 contracts
Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Use. (a) The Premises shall be used solely only for executive and administrative offices for the Permitted Use conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease ProvisionsInformation 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 be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue 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 the Premises their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance of 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 creditstenants 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 not permit any part of distribute floor loading in accordance with design loads for the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementBuilding. Tenant shall reimburse hold harmless Landlord promptly upon demand for from any additional premium charged for any such insurance policy loss, liability and expenses, both real and alleged, arising out of or caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesParagraph.
Appears in 2 contracts
Sources: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of medical office,including without limitation MRI imaging, as well as, receiving, storing, and shipping(other than retail)products, materials and merchandise made and/or distributed by Tenant and for such other Iawful purposes as may be incidental thereto,and subject to any rules and regulations of Landlord,Gwinnett County,the Basic Lease Provisionsstate of Georgia or the Federal Government. The Premises Outside storage,including without limitation,trailers,trucks and other vehicles,is prohibited without Landlord's prior written consent. Tenant shall be used in compliance at its own cost and expense obtain any and all licenses and permits necessary for their Use. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ,ordinances and restrictions now or hereafter regulations applicable to the Use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction,prevention and occupancy thereofabatement of nuisances in or upon, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together or connected with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)Premises,all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors,smoke,dust,gas,noise vibrations,or potentially dangerous materials to emanate from the Premises, upon 5 days’ nor take any other action which would constitute a nuisance or would otherwise disturb or endanger or unreasonably interfere with any tenants, maintenance personnel or guests within or about their Premises or their use thereof. Without Landlord's prior written notice from Landlord, discontinue consent,Tenant shall not receive,store or otherwise handle any use of the Premises product,material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive,highly flammable,illegal,or otherwise regulated without proper documentation and approvals. Tenant will not use or permit the Premises to be used for any purpose or in any manner that manner(including without limitation any method of storage)which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other creditstenants for the Building in which Tenant occupies space 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 as Additional Rental the amount of such increase to Landlord. Notwithstanding,Tenant's Use shall be fully compliant under the Gwinnett County M-2 Zoning laws.
(a) Tenant agrees that the point pressure resulting from Tenant's racking system,inventory,forklifls and equipment pertaining to Tenant's use of the Premises(to the extent applicable)shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss,liability,and expenses,both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises7. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant's current use of the Basic Lease ProvisionsPremises is acceptable to Landlord. The Premises Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant may park one delivery-type truck on the property. Tenant shall be used in compliance at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the Premises terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant In the event Tenant's use of Premises shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined result in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such an increase in insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterpremiums, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished be solely responsible for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisessaid increase.
Appears in 1 contract
Use. The Premises shall be used solely by Tenant for the Permitted Use set forth in the Basic Lease Provisions. The Premises general office, training and testing space and shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of LandlordOwner. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, not use the Premises in any manner constituting a violation of any ordinance, statute, regulation, or order of any governmental authority. Tenant shall use the Premises in a safe, careful, proper, and lawful manner and shall keep and maintain the Premises in as good a condition as when ▇▇▇▇▇▇ first took possession thereof, and Tenant shall not commit, or allow to be committed, any act of waste, in or about the Premises or the Building. Tenant shall not create, maintain, or permit any nuisance in the Premises or the Building, or permit any objectionable or offensive noise or odors to be emitted from the Premises. If Tenant uses the Premises in any manner which will would invalidate any policy of insurance now or hereafter carried on the Building or increase the rate of premiums payable on any such insurance policy, Owner may, at its option, require ventilation, air exchange, heating, gas, steam, electricity Tenant to discontinue such use or water beyond to reimburse Owner as additional rent for any increase in premiums attributable to the existing capacity use being made by the Tenant. Tenant shall comply with the Rules and Regulations governing the use and occupancy of the Project building, which Rules and Regulations are attached hereto as proportionately allocated Exhibit "C". Owner may amend the Rules and Regulations from time to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contentstime, and Landlord hereby consents a written copy of such amendments will be given to Tenant locating such Fire Safes within who shall thereafter comply with the Premisessame.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises Encino area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
Appears in 1 contract
Use. A. The demised Premises shall be used solely only for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premisesincidental thereto, and subject to the use any building or building complex rules and occupancy thereofregulations. Outside storage, including, without limitation, the Americans With Disabilities Acttruck and other vehicles, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord's prior written consent. Tenant shall, upon 5 days’ written notice from Landlordat its own cost and expense, discontinue 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 in which their Premises are situated 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits.
B. Tenant agrees that the point pressure resulting from tenant's racking system, inventory, forklifts and equipment pertaining to tenant's use of the Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss, liability and expenses, both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesparagraph.
Appears in 1 contract
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises West Los Angeles area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for such other lawful purposes as may be incidental thereto, including without limitation, office purposes. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided however, that, notwithstanding the foregoing: Tenant shall have the right to park trucks and trailers at the designated dock doors on the Premises. 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 caused by Tenant in or upon, or connected with, the Basic Lease ProvisionsPremises, all at Tenant’s sole expense. The Premises Tenant shall be 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 other tenants of the Building or unreasonably interfere with the use of their respective premises. Without Landlord’s written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable, except for such items which are customarily used in Tenant’s business operations and are used in compliance with applicable laws and insurance requirements binding upon Tenant. Tenant, at its sole cost and expense, shall comply with all laws, orders, judgments, ordinances, regulations, fire codes, directives, permits, licenses, covenants laws and restrictions now or hereafter applicable to the Premises, and ordinances related to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part of abide by the Premises to be used rules and regulations attached hereto as a Exhibit “place of public accommodationC”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse reasonably amended from time to time by Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving (after reasonable notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises such amendment is provided by Landlord to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises).
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. A. The Premises shall be used solely used, to the extent permitted by applicable law, only for general office purposes and, to the extent applicable, for the Permitted Use set forth in the Basic Lease Provisionspurpose of receiving, storing, shipping, and selling (other than retail) products, materials, and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. The Premises Tenant shall be used in compliance at its own cost and expense obtain and at all times maintain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises by tenant and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon, or connected with the use of the Premises by tenant all at Tenant's sole expense. Without Landlord's prior written consent, Tenant shall not receive, store, or otherwise handle any product, material, or merchandise which is declared by explosive or highly inflammable or any Governmental Authority (as defined in Section 9) having jurisdiction material which may be corrosive or otherwise damaging to be a violation of a Legal Requirementthe Premises or any appurtenances thereto. Tenant will not use or not, without Landlord's approval, permit the Premises to be used for any purpose or in any manner that which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or cause the disallowance of any sprinkler insurance risk more hazardous or other creditsthe premiums therefor more expensive. Tenant shall not permit any part of In the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for event any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject or any part thereof, whether approved by Landlord or not, shall ever cause the insurance rates for policies carried by Landlord to increase, Tenant shall pay on demand from Landlord, as additional rent, the full amount by which such insurance rates increased solely as a result of Tenant's use, without regard to whether such policy covers areas other than the Premises to use that would damage so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Further, Tenant will not introduce into the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause use therein any equipment or machinery fixtures which might be reasonably expected, due to be installed in excess weight, vibration, or any other characteristic, to cause damage to the Premises so as to reasonably prevent sounds or vibrations from undue interference with the Premises from extending into Common Areasoccupancies of adjacent premises. Additionally, or other space in the Project. Tenant shall not place store any machinery products, materials, or equipment weighing 500 pounds merchandise outside the exterior walls or more in or upon interior demising walls of the Premises or transport or move such items through without Landlord's prior written consent.
B. Without limiting the Common Areas generality of the Project or in the Project elevators without the prior written consent provisions of Landlord. Except as may be provided under the Work LetterParagraph 4.A above, Tenant shall not, without the prior written consent of Landlord, use expressly agrees that (I) no activity will be conducted on the Premises that will use or produce any "Hazardous Substance" (as hereinafter defined), except for such activities as are part of the ordinary course of Tenant's business activities (the "Permitted Activities"), provided said Permitted Activities are at all times conducted in accordance with all Environmental Laws and further provided that the Permitted Activities have been approved in advance in writing by Landlord which approval shall not be unreasonably withheld or delayed after disclosure to Landlord by Tenant of the Hazardous Substances involved; (II) the Premises will not be used in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the storage of any Hazardous Substances except for the temporary storage of such materials as are used in the ordinary course of Tenant's business (the "Permitted Use. Landlord acknowledges that Tenant intends to locate Materials"), provided such Permitted Materials are at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.all times properly stored in a manner and
Appears in 1 contract
Use. The Tenant shall use the Premises for general office use, research and development use (including, to the extent the same comply with all Applicable Laws, customer training, manufacturing, light machine shop, shipping and receiving, inventory control center, animal labs and distribution) and all ancillary uses related thereto, consistent with the character of a first class office/research and development building and shall not use or permit the Premises to be used solely for any other purpose without Landlord’s prior written consent. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesBuilding, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Tenant will not shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsoccupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any part fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Premises to be used Insurance Service Offices, formerly known as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesArticle. Tenant will shall use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any unlawful purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance in, on or machinery to be installed in about the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery or equipment weighing 500 pounds or more waste in or upon the Premises. Tenant acknowledges that Landlord may have recorded covenants, conditions and restrictions against the Premises (as amended, the “CC&Rs”). Tenant’s use of the Premises shall be subject to and Tenant shall comply with the CC&Rs, as the same may be amended from time to time, and all Applicable Laws. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or transport declaring easements for parking, utilities, fire or move emergency access, and other matters. Tenant’s use of the Premises shall be subject to and Tenant shall comply with any and all such items through easements and declarations. Tenant’s use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord in its sole discretion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, from time to time promulgate laws, rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. Tenant’s use of the Premises shall be subject to and Tenant shall comply with any and all such laws, rules, plans, and regulations. Tenant, at its sole cost,· shall comply with any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the Premises, the Building or the Common Areas Area (“Environmental Laws”). If Tenant does store, use or dispose of the Project or in the Project elevators without the prior written consent of Landlord. Except any “Hazardous Materials” (as may be provided under the Work Letterhereinafter defined), Tenant shall notnotify Landlord in writing at least ten (10) days prior to their first appearance on the Premises. As used herein, “Hazardous Materials” means any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the prior written consent Environmental Protection Agency’s “Refrigerant Recycling Rule,” as amended from time to time) and all of Landlordthose chemicals, use substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the Premises future listed, defined or regulated in any manner which will require ventilationby any Environmental Law based upon, air exchangedirectly or indirectly, heating, gas, steam, electricity such properties or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premiseseffects.
Appears in 1 contract
Sources: Lease Agreement (Hansen Medical Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of receiving, storing, --- shipping and selling products, materials and merchandise made on the Basic Lease ProvisionsPremises and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. The Premises shall be used in compliance with all lawsOutside storage, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With Disabilities Acttrucks and other vehicles, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord's prior written consent. Tenant shallshall at its own cost and expense obtain any and all other licenses and permits necessary for such use. Tenant shall comply with all governmental laws, upon 5 days’ written notice from Landlord, discontinue any ordinances and regulations applicable to its specific use of the Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or 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 action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in which the Premises are situated 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including, without limitation, any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous thank the risk associated with Tenant's stated use or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances. Without the prior consent of the Landlord, Tenant shall be entitled to use at the Premises cleaning supplies, toner for photocopying machines and other similar materials, in containers and ordinary use by Tenant in the routine operation or maintenance of Tenant's office equipment or in the routine janitorial service, cleaning and maintenance for the Premises. In addition, Landlord acknowledges that as part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. business Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of conduct at the Premises, subject a waste product known as solder flux is produced. Landlord hereby consents to the presence on the Premises to use of such product as part of Tenant's routine business provided that would damage Tenant agrees that the Premises storage, handling and disposal of such products shall be in accordance with environmental laws. Landlord represents that Landlord has not treated, stored or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice disposed of any auction, liquidation, hazardous or going out of business sale on the Premises, toxic substances upon or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each nor, to the best of which may weigh approximately 900 pounds plus the weight Landlord's actual knowledge, has any predecessor owner of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Use. The Tenant shall use the Premises for general office purposes and purposes incident thereto, and shall not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy issued for the Permitted Use set forth in Building of which the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premisesare a part, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 seven (7) business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementany recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant will may not use offer shared tenant services, such as, but not limited to, telecommunications, data processing or permit word processing, to any unaffiliated tenant in the Premises to Building without Landlord's prior written consent, which consent may be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditswithheld by Landlord at its sole and absolute discretion. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined interfere with radio or television broadcasting or reception from or in the ADA Building or any similar legal requirementelsewhere. Tenant shall reimburse Landlord promptly upon demand for comply with any additional premium charged for direction of any such insurance policy governmental authority having jurisdiction which shall, by reason of Tenant’s failure to comply with the provisions nature of this Section or otherwise caused by Tenant’s use and/or or occupancy of the Premises. , impose any duty upon Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises Landlord with respect to use that would damage the Premises or obstruct with respect to the use or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Projectoccupation thereof. Tenant shall not place any machinery do or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may permit to be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner done anything which will require ventilationinvalidate or increase the cost of any fire, air exchange, heating, gas, steam, electricity extended coverage or water beyond any other insurance policy covering the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, Building and/or property located therein and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.shall comply
Appears in 1 contract
Sources: Office Lease
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used , and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges that Tenant intends receipt of a copy of such Activity and Use Limitation prior to locate execution of this Lease. Tenant, at least 4its sole expense, but up shall make any alterations or modifications to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus interior or the weight exterior of the contentsPremises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord hereby consents harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to Tenant locating such Fire Safes within comply with any Legal Requirement related to Tenant’s particular use or occupancy of the PremisesPremises or Tenant’s Alterations.
Appears in 1 contract
Use. The Leased Premises shall be used and occupied by Tenant (and its permitted assignees and subtenants) solely for general office purposes and for other legally permitted uses consistent with the Permitted Use set forth character of first-class office buildings in the Basic Lease ProvisionsGreenway Plaza and Galleria areas in Houston, and for no other purpose. Included within permitted uses of the Leased Premises are the customary and reasonable activities of a bank, savings bank, savings and loan holding company, their successors or affiliates, or any similar financial institution. The Leased Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that which would void Tenant’s or Landlord’s insurance, increase the insurance risk, rate of fire or cause the disallowance of any sprinkler liability or other credits. Tenant shall not permit any part insurance coverage on the Project or its contents, lower the quality or character of the Premises to be used Project, create unreasonable elevator loads, cause odors perceptible outside the Leased Premises, nor for a travel agency, nor, for as a “place long as the existing lease with Dean Witter & Co. continues, for the retail or discount sale of public accommodation”, as defined stoc▇▇ ▇▇ ▇▇▇▇▇ if such activities constitute fifteen percent (15%) or more of the revenue generated by the business activities conducted in the ADA Leased Premises. Any use of the Leased Premises for other than general office purposes shall be subject to the further limitation that such use may not consume a disproportionate share of standard Building services or otherwise interfere with standard Building operations. Landlord has no current actual knowledge that the uses made by Tenant of the Leased Premises as of the date hereof violate either the Old Lease (hereinafter defined) or this Lease, provided that Landlord is in no way waiving any similar legal requirement. failure of Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section Lease or otherwise caused the Old Lease. In addition, Tenant may use a portion of the Leased Premises for purposes of a health or fitness center, cafeteria, and/or executive dining room provided (a) that such facilities are made available primarily to Tenant's employees and their invitees and not to the public generally, (b) all improvements necessary to such uses are approved by Landlord in its reasonable discretion, provided that Landlord's approval, in its sole discretion, shall be required for the installation and use of all kitchen and related facilities and equipment, are installed by contractors approved by Landlord in accordance with the terms of this Lease, and the cost of such improvements, including Landlord's review and approval thereof, is paid by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises(c) Tenant's installation and use complies in all respects with all applicable laws.
Appears in 1 contract
Use. The Premises Lessee shall be used use the Yard solely for the Permitted Use set forth parking/storage of the vehicles and equipment described in and in accordance with the Basic Lease Provisionsterms of Addendum 1 hereto attached to this lease agreement and for no other purpose without written permission from Lessor. The Premises In connection with its use, ▇▇▇▇▇▇ shall be used in compliance at his/her own expense promptly comply with all applicable laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant public authority and shall not permit any part of the Premises to be used as a “place of public accommodation”annoy, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a carefulobstruct, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants Lessees of the ProjectYard. Lessee shall create no nuisance nor allow any objectionable fumes, including conducting or giving notice of any auction, liquidationnoise, or going out of business sale on the Premises, or using or allowing the Premises vibrations to be used emitted from the Yard. Lessee shall not conduct any activities that will increase Lessor's insurance rates for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas portion of the Project Yard or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises that will in any manner which will require ventilation, air exchange, heating, gas, steam, electricity degrade or water beyond damage the existing capacity reputation of Lessor. Lessee shall keep and maintain the Space in a clean orderly condition at all times and upon the termination of the Project lease shall surrender the Space to Lessor in as proportionately allocated good condition as when received, ordinary wear and tear by the elements alone excepted. Lessee shall be responsible for any repairs caused by negligence on the part of Lessee. Lessee shall not sub-lease the Space in the Yard and shall not use the leased space of any other Lessee nor allow anyone, whether a Lessee of the Yard or not, to use Lessee's Space. Lessee shall hold title to and be the legal owner of the vehicle and/or any other items described on Addendum 1 of this lease. Lessee must obtain approval from Lessor to store a different vehicle or additional vehicles or equipment other than the one described in Addendum 1 of this lease. The storage of cars, pick-up trucks, sport utility vehicles, trucks, utility trailers, and approved storage containers are solely allowed at the discretion of the Lessor. All items must be listed on Addendum 1. Lessee must provide license number and make and model of all vehicles. The storage of such vehicles may be revoked at any time by the Lessor, however if all other conditions of the Lease are met, leases for such vehicles will be honored by the Lessor until the Lease is terminated by the Lessee. All vehicles must be kept in good and useable condition. Lessee shall remain a resident of ▇▇▇▇▇▇▇▇▇▇▇ for the term of the lease. Use of the Space must be relinquished at the time the Lessee ceases to be a resident of ▇▇▇▇▇▇▇▇▇▇▇. Lessor retains the right to require Lessee to move to another space within the Yard provided Lessor gives Lessee written notice of such requirement at least ten days prior to such movement. ▇▇▇▇▇▇ is obligated to move to the Premises based upon Tenant’s Share as usually furnished for space requested. Lessor is not obligated to provide a space equal to or larger than the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesone previously occupied.
Appears in 1 contract
Use. The Premises Sublessee shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe premises for Office/Warehouse for computer circuit board distribution and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or for no other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators purpose without the prior written consent of LandlordSublessor. Except as may The use includes the assembly of computers, computer circuit boards and computer peripherals. Sublessee's business shall be provided under established and conducted throughout the Work Letter, Tenant term hereof in a first class manner. Sublessee shall not, without the prior written consent of Landlord, not use the Premises 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 premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated upon the premises which will in any manner injure, vibrate or shake the premises or the building of which it is a part. No use shall be made of the premises which will require ventilationin any way impair the efficient operation of the sprinkler system (if any) within the building containing the premises. Sublessee shall not leave the premises unoccupied or vacant during the term. No musical instrument of any sort, air exchange, heating, gas, steam, electricity or water beyond any noise making device will be operated or allowed upon the premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the premises or any part thereof for any purpose which will increase the existing capacity rate of insurance upon the building in which the premises are located, or cause a cancellation of any insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Project as proportionately allocated premises by Sublessee shall cause directly or indirectly, any 3 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 Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends exercise of any other rights or remedies, or constitute a waiver of Sublessor's right to locate at least 4, but up require Sublessee to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating discontinue such Fire Safes within the Premisesact or use.
Appears in 1 contract
Sources: Sublease Agreement (Transworld Home Healthcare Inc)
Use. The Premises shall only be used solely for as general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises Woodland Hills area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s reasonable discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings in the Woodland Hills, ordersCalifornia, judgmentsarea. Reasonable grounds for Landlord withholding its consent shall include, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
Appears in 1 contract
Sources: Office Lease (ReachLocal Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used Provisions of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport if the weight of the same exceeds the structural capacity of the Building or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of LandlordLandlord and Tenant’s agreement to pay the additional cost thereof, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges shall, as an Operating Expense, be responsible for and shall make any alterations or modifications to the Common Areas or the exterior of the Building that Tenant intends are required by Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)). Tenant, at its sole expense, shall make any alterations or modifications to locate at least 4the Premises that are required by Legal Requirements (including, but up without limitation, compliance of the Premises with the ADA) related to 8, Fire Safes within Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, each Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of which may weigh approximately 900 pounds plus action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the weight same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the contents, and Landlord hereby consents Premises to Tenant locating such Fire Safes within the Premisescomply with any Legal Requirement.
Appears in 1 contract
Use. The Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants video production services and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditswhatsoever. Tenant shall not permit any part of use and occupy the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Leased Premises in a careful, safe and proper manner and will shall keep the Leased Premises in a clean and safe condition and in accordance with applicable legal requirements. Tenant shall not commit use, occupy or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Leased Premises to be used for or occupied, nor do or permit anything to be done in the Leased Premises in a manner that would in any unlawful purposeway violate any applicable laws, rules or regulations or certificate of occupancy affecting the Building. Tenant shall cause any equipment promptly observe and comply with all applicable laws, rules and regulations relating to the Leased Premises or machinery Tenant’s use thereof. In particular no use shall be made or permitted to be installed in made of the Premises so as to reasonably prevent sounds or vibrations from Leased Premises, nor acts done that will increase the Premises from extending into Common Areasexisting rate of insurance upon the Building, or other space 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 ProjectLeased Premises, any article that may be prohibited by the standard form of fire insurance policies. Tenant shall not place commit, or suffer to be committed any machinery public or equipment weighing 500 pounds private nuisance, or more in other act or upon thing that disturbs the Premises quiet enjoyment of Landlord or transport or move such items through any other tenant at the Common Areas of the Project or in the Project elevators without the prior written consent of LandlordProperty. Except as may be provided under the Work Letter, Tenant shall notalso specifically not permit the storage of flammable products (other than for cleaning products), without batteries (other than for replacement in operating equipment), fertilizer, charcoal or any other similar items that cause objectionable odors to escape or be emitted from the prior written consent of LandlordLeased Premises. Tenant shall ensure sanitation and freedom from odor, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity smell and infestation from rodents or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesinsects.
Appears in 1 contract
Sources: Lease Agreement
Use. The Throughout the Term (hereinafter defined) of this Lease, Tenant shall continuously use and occupy the Premises for general and executive offices, warehousing and the installation, operation and maintenance of telecommunications equipment and transmission facilities, including but not limited to, a switch facility and customer collocation provising equipment, and other uses normally related thereto (the "Permitted Use") and for no other purpose. Tenant at its sole expense shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance comply with all laws, ordersrules, judgmentsorders and regulations of federal, ordinancesstate, regulationscounty and municipal authorities and with any direction of any public officer or officers, codespursuant to law, directiveswhich 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, permitsordiance, licenses, covenants and restrictions now order or hereafter regulation applicable to the Premises, and it shall give prompt notice thereof to the use and occupancy thereofLandlord. Tenant shall not injure, includingoverload, without limitationdeface or commit waste in the Premises, or any part of the Building, nor permit the occurrence of any nuisance therein or, unless otherwise permitted herein, the Americans With Disabilities Actemission therefrom of any objectionable noise or odor, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue nor use or permit any use of the Premises which is declared by improper, offensive, contrary to law or ordinance or which is liable to render necessary any Governmental Authority (as defined alterations or additions in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or Building, nor obstruct in any manner that would void Tenant’s any portion of the Building or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsappurtenant land. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”may not, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a carefulwithout Landlord's prior written consent, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed install in the Premises so as any water fountains, refrigerators, sinks or cooking equipment, provided that Landlord's consent will not be unreasonably withheld with respect to reasonably prevent sounds or vibrations from items designed for the Premises from extending into Common Areas, convenience of Tenant's employees and further provided that special venting or other space matters are not required in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesconnection therewith.
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Use. The Premises Subtenant shall be used solely continuously use and occupy the Sublet Premises, to the extent permitted by law, for the Permitted Use set forth purposes of general offices and such uses must be in accordance with the Basic Prime Lease Provisionsand for no other use or purpose. The Premises Sublandlord makes no representation or warranty as to the necessity of obtaining any license, permit or approval from any federal, state or municipal governmental authority for such uses. Subtenant shall not conduct any activity on the Sublet Premises, the Building or the Land which is improper or offensive, which is not permitted under Exhibit C of the Prime Lease, or which causes any noise, odor or vibration to be used in compliance emitted from the Sublet Premises, the Building or the Land. Subtenant shall comply with the reasonable rules and regulations of the Building and Land as the same may be promulgated and modified by Landlord from time to time. Subtenant shall comply with all laws, orders, judgmentsstatutes, ordinances, by-laws, regulations, codesrestrictions, directivesand with the requirements of all governmental approvals, licenses and permits, licenses, covenants and restrictions now or hereafter applicable relating to the Premises, and to the use and occupancy thereof, including, without limitationLand, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with Building or the regulations promulgated pursuant thereto, “ADA”) Sublet Premises (collectively, “"Legal Requirements” "), and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section all insurance policies from time to time in effect with respect to the Building, the Land or otherwise caused by Tenant’s the Sublet Premises. In addition, Subtenant shall obtain, keep in force, and comply with all requirements of all governmental approvals, licenses and permits required for Subtenant's specific use and/or occupancy of the Sublet Premises. Tenant will use Subtenant shall not use, generate, treat, store, or dispose of "Hazardous Substances" (as hereinafter defined) on the Sublet Premises or anywhere in a carefulthe Building or on the Land without giving prior written notification to Sublandlord, safe including the identity and proper manner and will not commit or permit waste, overload the floor or structure amounts of the Premises, subject the Premises Hazardous Substances which Subtenant proposes to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contentsuse, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.receiving
Appears in 1 contract
Sources: Sublease (Federal Data Corp /Fa/)
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all lawsgovernmental approvals, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants licenses and restrictions now or hereafter applicable to permits required for the Premises, proper and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason lawful conduct of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s 's permitted use and/or occupancy of the Premises. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or any way interfere with the rights of Landlord or other tenants or occupants of the Building or the Project, including conducting or giving notice of any auction, liquidation, use or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any unlawful purpose. , nor shall Tenant shall cause permit any equipment nuisance or machinery to be installed commit any waste in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place do or permit to be done anything which will invalidate or increase the cost of any machinery insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or equipment weighing 500 pounds 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 more in its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or upon not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and an amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or transport Tenant which may be allocated to the Premises or move such items through Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance. As used in this Section 5.1, the term "permit" shall be deemed to mean "knowingly permit" in connection with anything that Tenant permits to be done on or about the Common Areas of the Project or Project, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the Project elevators without event Tenant's obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the prior written consent of Landlord. Except as may be provided under Building and/or the Work LetterProject, results in a capital improvement on Tenant's part (or Tenant's being obligated to reimburse Landlord for a capital improvement), Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished only be responsible for the Permitted Use. Landlord acknowledges that Tenant intends amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term except in the event each obligation for Capital improvement is required due to locate at least 4, but up to 8, Fire Safes within Tenant's particular use of the Premises, (in which case Tenants shall be fully responsible for the entire cost and installation of each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisescapital investment).
Appears in 1 contract
Use. The Premises 9.1 Tenant shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of occupy the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit during the Premises to be used Term for any general office purposes and no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall notnot use, suffer or permit the Premises or any part thereof to be used for any other purpose or purposes without the prior obtaining written consent of Landlord, which consent shall not be unreasonably withheld.
9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any portion of the Building, development, or project of which the Premises are a part, or any other property owned or controlled by him, for any lawful purpose.
9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises or permit the Premises to be used in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond increase the existing capacity rate of insurance on the Building, any part thereof or its contents or any part thereof, such additional expense shall be paid by Tenant to Landlord within ten (10) days of delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shall not 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 policies, as such now or are hereafter provided, covering the Building, any part thereof, or its contents.
9.4 Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Building in which the Premises are located. Tenant shall not use the Premises or permit the Premises to be used in whole or in part for any purpose that is deemed to be in violation of any laws, ordinances, regulations or roles of any public authority or organization at any time. A judgement of any court of competent jurisdiction or the admission by Tenant in any judicial or administrative action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, or rules in the use of the Project as proportionately allocated Premises shall be deemed to be a conclusive determination of that fact between Landlord and Tenant.
9.5 Upon the expiration or sooner termination of this Lease, Tenant shall quit and surrender the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. to Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, in good condition and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesrepair reasonable wear and tear excepted.
Appears in 1 contract
Sources: Office Lease (Agile Software Corp)
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use set forth as described in the Basic Lease Provisions. The Provisions and shall not use or allow the Premises shall to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not use or occupy the Premises in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now violation of law or hereafter applicable to of the Premisescertificate of occupancy issued for the Building, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Tenant will not Tenant, at its sole cost and expense, except as may be provided elsewhere in this lease, , agrees to comply with all laws, rules, regulations and directions of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsoccupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any part fire, extended coverage or any other insurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional insurance premium charged for any such insurance policy by reason of Tenant’s ▇▇▇▇▇▇'s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesArticle. Tenant will use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance in, on or machinery to be installed in about the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery or equipment weighing 500 pounds or more waste in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Use. The (A) Subtenant may use the Demised Premises shall be used solely for the Permitted Use set forth purpose of manufacturing, distributing and warehousing fabrics and materials used in connection with its operations. Provided however, as to manufacturing, the Subtenant shall not use the Demised Premises for the manufacturing of fabrics and materials until Master Landlord consents to said use in a separate writing signed by Master Landlord a copy of said consent shall be provided to Landlord. Furthermore, in the Basic Lease Provisions. The Premises shall be used in compliance event Master Landlord consents to said manufacturing use, Subtenant represents and warrants that the use will comply with all laws, orders, judgments, ordinances, regulations, relevant codes, directivesrules, permits, licenses, covenants regulations and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seqlaws. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will Subtenant shall not use or permit the Demised Premises to be used for any other purpose without first obtaining the Landlord's prior written consent. Subtenant shall indemnify and hold Landlord harmless of and from all fines or penalties imposed by law arising by reason of the violation by Subtenant of any laws, rules, ordinances or regulations or other governmental requirements relating to the conduct of business in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance riskDemised Premises, or cause the disallowance use or occupancy thereof, issued by any governmental authority having jurisdiction over the Demised Premises.
(B) Subtenant agrees for itself, its partners, successors and assigns, its officers, its directors, its parent, affiliated and subsidiary corporations and any party affiliated with it, that none of the foregoing shall use, suffer, permit or consent to the use or occupancy of the Demised Premises or any sprinkler part thereof as an automobile or other creditstruck parts store/warehouse or for the sale of automobile and truck parts, supplies or accessories for as long as this Sublease is in effect. Tenant Additionally, Subtenant shall not use, suffer, permit any part or consent to the use of the Premises or Demised Premises for advertising purposes, including but not limited to billboards or other signs, whether freestanding or placed on the building located on the Premises, except as permitted herein, for so long as this Sublease is in effect.
(C) If, due to any act or omission (or alleged act or omission) of Subtenant, or its agents or contractors, any mechanic's or other lien, charge or order for payment of money or other encumbrance shall be filed against Landlord and/or Master Landlord or any portion of the Demised Premises (whether or not such lien, charge, order, or encumbrance is valid or enforceable as such), Subtenant, shall at its own cost and expense cause the same to be used as a “place discharged of public accommodation”record or bonded around within ten (10) days after notice to Subtenant; and Subtenant shall indemnify defend, as defined in the ADA or any similar legal requirementwith counsel approved by Landlord and Master Landlord, and hold harmless Landlord and Master Landlord and all mortgagees against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorney's fees, resulting therefrom. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure If Subtenant fails to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a carefulforegoing provisions, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants Master Landlord shall have the option of discharging or occupants of the Projectbonding around any such lien, including conducting or giving notice of any auctioncharge, liquidationorder, or going out encumbrance, and Subtenant agrees to reimburse Landlord or Master Landlord, as the case may be, promptly upon demand, for all actual costs, expenses and other sums of business sale on money in connection therewith (as additional rent) with interest accruing at the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations rate of ten percent (10%) per annum from the Premises from extending into Common Areas, date Landlord notifies Subtenant of such discharge or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesbonding.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises shall be used solely only for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesAgreed Use, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)for no other purpose. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit the Premises to be used for any other purpose or in any manner that would void Tenant’s or without Landlord’s insuranceprior written consent, increase the insurance risk, which may be granted or cause the disallowance of any sprinkler or other creditswithheld in Landlord’s sole discretion. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure use of the Premises, subject or suffer or permit any person or persons to use the Premises or any part thereof for any purposes or in a manner that is unlawful, creates damage, waste or disturbs owners and/or occupants of, causes damage to, neighboring properties, or in any way that is contrary to use that would any rules and regulations Landlord may require of Tenant, as the same may be amended by Landlord from time to time, or in violation of the laws of the United States of America, the State of California, the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, the “Applicable Requirements”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the Premises reputation of the Project or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premises, injure or using annoy them or allowing use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall cause any equipment or machinery to be installed in comply with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises so as to reasonably prevent sounds shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or vibrations from the Premises from extending into Common Areas, or other space in hereafter affecting the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterAt its sole cost and expense, Tenant shall notpromptly comply with all such Applicable Requirements, including, without limitation, Applicable Requirements in effect to limit the prior written consent spread of LandlordInfectious Conditions for itself and its employees, use the Premises in agents, contractors and invitees. Tenant will obtain and pay for all licenses and permits (including any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon business licenses) required for Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each use and occupancy of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Commercial Lease (NantKwest, Inc.)
Use. The Lessee shall use the Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisionspurposes of manufacturing, marketing and distribution. The Premises Lessee shall be used in compliance with all lawsnot use, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to permit or suffer the use and occupancy thereof, including, without limitationof, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seqPremises for any other business or purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (together with the regulations promulgated pursuant thereto, “ADA”other than vehicles used for daily transportation) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use outside of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators leased premises without the prior written consent of LandlordLessor. Except as If Lessee does so, Lessee shall be considered to have abandoned such property and Lessor may, at its option and without prejudice to any of Lessor's other rights or remedies hereunder or at law or equity, remove or retain the property, whereupon all rights of the Lessee with respect to it shall cease. If Lessor removes and/or stores the property in public storage for the Lessee's account, the Lessee shall be liable to the Lessor for, and shall pay to Lessor forthwith on demand, the cost of removal and storage, with interest at ten percent (10%) per annum on all such expenses from the date of expenditure by the Lessor. Lessee shall not receive, store, or otherwise handle anything which is explosive or highly inflammable in or from the Premises. No auction, fire or bankruptcy sales may be provided under conducted in or from the Work Letter, Tenant shall not, Premises without the prior previous written consent of LandlordLessor. Lessee shall not use, use or permit or suffer in the Premises anything that will increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any ruling of the State Insurance Rating Bureau, or its successors, which would allow the Lessor to obtain reduced rates for long term insurance policies; or maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done upon the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity way tending to create a safety hazard or water beyond nuisance or to disturb any other lessees of Lessor in the existing capacity Complex; or to use or permit the use of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4lodging or sleeping purposes, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesor for any immoral or illegal purposes.
Appears in 1 contract
Sources: Lease Agreement (Direct Focus Inc)
Use. (a) The Premises shall be used solely only for the Permitted Use set forth purpose of storage, distribution and sales of safety equipment and other products for outdoor sports. Outside storage is prohibited without Landlord’s prior written consent, except for the outside storage of Tenant’s trucks and trailers within the designated area for such trucks and trailers. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Basic Lease ProvisionsPremises. The Premises Tenant shall be used in compliance comply with all governmental laws, ordersordinances and regulations and any and all covenants, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants easements and restrictions now or hereafter affecting the Premises and applicable to the use of the Premises, and to shall promptly comply with all governmental orders and directives including those regarding the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant’s sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants at the Property, or unreasonably interfere with their use of the Premises their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or other merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance of insurance regulatory authority for the state in which the Premises are situated or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part In the event Tenant’s use of the Premises to be used as a “place of public accommodation”, as defined shall result in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such an increase in insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterpremiums, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished be solely responsible for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each payment of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisessaid increase.
Appears in 1 contract
Sources: Lease Agreement (Leatt Corp)
Use. The Lessee may occupy and use the Premises shall be used solely for commercial, industrial, office, laboratory, distribution, warehousing, manufacturing, "flex space" and purposes related thereto as long as the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter same are permitted by applicable to the Premises, and to the land use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use laws of the community in which the Premises is located and for no other purpose without the prior written consent of Lessor, which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to shall not be a violation of a Legal Requirementunreasonably withheld or delayed. Tenant will Lessee shall not use or permit the Premises to be used for any purpose occupy or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”or occupied, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit nor do or permit waste, overload the floor anything to be done in or structure on any of the Premises, subject in a manner which would or might (i).violate any law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury to any of the Improvements or (v) constitute a public or private nuisance or waste. Lessee shall have the right to apply for changes in any land use or other governmental designation or approval affecting the Premises which affects or governs use or operation of the Premises; provided, Lessee shall notify Lessor prior to making any such application, which notice shall not require a response from Lessor, and, subsequently, of any approvals granted which change the zoning of, the lot configuration of, or any other matter which permanently affects the land use that would damage designation for the Premises or obstruct or interfere with the rights of Landlord or prior to taking any other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises action which would cause such change to be used for permanently effective. Additionally, prior to taking action to make such a change permanently effective, Lessee shall have obtained the written approval of Lessor. Lessee must obtain the consent of Lessor with respect to any unlawful purposeapproval which is effective upon the action of a municipal agency or commission without further action by applicant. Tenant The foregoing shall cause any equipment or machinery not permit Lessee to be installed in change the Premises so as to reasonably prevent sounds or vibrations from use of the Premises from extending into Common Areas, or other space that allowed in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators Section 1.2(a) without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesLessor.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use uses set forth in Subparagraph 1(v) above. and shall not use or permit the Basic Lease ProvisionsPremises to be used for any other purpose without the prior written consent of Landlord. The Premises Nothing contained herein shall be used deemed to give Tenant any exclusive right to such use in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now the Building. Tenant shall not use or hereafter applicable to occupy the PremisesPremises in violation of law or of the Certificate of Occupancy issued for the Building, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not use law or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditssaid Certificate of Occupancy. Tenant shall not permit comply With any part director of any governmental authority having jurisdiction which shall. by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect Landlord has supplied Tenant with and to be used as a “place of public accommodation”, as defined in the ADA use or any similar legal requirementoccupation thereof. Tenant shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesParagraph. Tenant will use shall do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure or annoy them, or using use or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Landlord has supplied Tenant with, and Tenant shall cause any equipment comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, the Building, the Common Area or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectDevelopment. Tenant shall not place commit or suffer to be committed any machinery or equipment weighing 500 pounds or more waste in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant and shall not, without the prior written consent of Landlord, use keep the Premises in any manner first class repair and appearance. Further, Tenant's business machines and mechanical equipment which will require ventilation, air exchange, heating, gas, steam, electricity cause vibration or water beyond the existing capacity of the Project as proportionately allocated noise that may be transmitted to the Premises based upon Tenant’s Share Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating eliminate such Fire Safes within the Premisesvibration or noise.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all lawsgovernmental approvals, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants licenses and restrictions now or hereafter applicable to permits required for the Premises, proper and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which is declared by will in any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation way unreasonably interfere with the rights of a Legal Requirement. Tenant will not other occupants of the Project, or use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant’s the Premises or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsProject. Tenant shall not do or knowingly permit to be done anything which will invalidate or increase the cost of any part insurance policy(ies) covering the Buildings, the Project and/or their contents, and shall comply with all applicable and reasonable insurance underwriters rules and the requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction (to the extent such rules and regulations are provided to Tenant). Tenant shall reimburse Landlord comply at its expense with all present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Buildings and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, and any amendments or modifications thereto which do not materially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesnoncompliance.
Appears in 1 contract
Sources: Sublease Agreement (Palm Inc)
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all lawsgovernmental approvals, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants licenses and restrictions now or hereafter applicable to permits required for the Premises, proper and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which is declared by will in any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation way interfere with the rights of a Legal Requirement. Tenant will not other occupants of the Building or the Project, or use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant’s the Premises or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsProject. Tenant shall not permit perform any part of the Premises to be used as a “place of public accommodation”, as defined work or conduct any business whatsoever in the ADA or any similar legal requirementProject other than inside the Premises. Tenant shall reimburse Landlord not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. 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 of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s use and/or occupancy of noncompliance. As used in this Section 5.1, the Premises. term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant will use the Premises in a careful, safe and proper manner and will not commit permits to be done on or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage about the Premises or obstruct the Project. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or interfere with restrictions now or hereafter affecting or encumbering the rights of Landlord or other tenants or occupants of Building and/or the Project, including conducting results in a capital improvement on Tenant’s part (or giving notice Tenant’s being obligated to reimburse Landlord for a capital improvement), then Tenant shall only be responsible for the amortized cost of any auctionsuch capital improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, liquidation, or going out except in the event such obligation for capital improvements is required due to Tenant’s particular use of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. (in which case Tenant shall cause any equipment or machinery be fully responsible for the entire cost and installation of each capital investment). Subject to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas express provisions of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterthis Lease, Tenant shall not, without the prior written consent have full access to and use of Landlord, use the Premises in any manner which will require ventilationtwenty-four (24) hours a day, air exchangeseven (7) days a week, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesfifty-two (52) weeks a year.
Appears in 1 contract
Sources: Lease (Micro Therapeutics Inc)
Use. The Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied solely for the Permitted Use purposes set forth in Article 1 and for no other purposes whatsoever. Tenant shall occupy the Basic Lease Provisions. The Premises shall be used in compliance with all lawsLeased Premises, ordersconduct its business and control its agents, judgmentsemployees, ordinances, regulations, codes, directives, permits, licenses, covenants invitees and restrictions now or hereafter applicable visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditscreate a nuisance. Tenant shall not permit any part operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, use any apparatus or machine which makes undue noise or causes undue vibration in any portion of the Building or otherwise materially interfere with, annoy or disturb any other lessee in its normal business operations or Landlord in its management of the Building. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used as a “place of public accommodation”in any way which would, as defined in the ADA reasonable opinion of Landlord, be extra hazardous on account of fire or which would in any similar legal requirementway increase or render void the fire insurance on the Building. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at all times comply with the terms and conditions of same. Tenant shall reimburse Landlord promptly upon demand not at any time knowingly suffer the Leased Premises to be used or occupied in violation of (i) the Certificate of Occupancy for the Leased Premises or for the Building, (ii) any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationLease, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents(iii) zoning ordinances, and Landlord hereby consents to Tenant locating such Fire Safes within rules and regulations of governmental and quasi governmental authorities having jurisdiction over the PremisesBuilding.
Appears in 1 contract
Use. The Tenant shall use and occupy the Demised Premises foroffices, storage, warehousing, distribution and refrigeration of food productsor food processing and for no other purposes. Such permitted uses are furthersubject that they shall be used solely for consistent with the Permitted Use set forth Certificate of Occupancy to beissued. Such Certificate of Occupancy so issued, shall not prohibit the usesotherwise described in the Basic first sentence of this Section 7. Such permitted usesshall not permit or cause any odor, sound, vibration, effluent, pollution orother condition that is either in Landlord's opinion or by law, noxious oroffensive. It being a consideration of this Lease Provisionsthat the use of the premisesshall be limited to those uses as otherwise hereinbefore specified and Tenantmay not use the premises for manufacturing or for retail sales. The Tenant shallnot permit the stacking of merchandise or materials against the walls so as tocreate a load or weight factor upon the walls or to tie in Tenant's rackingsystems with such walls, nor shall Tenant permit the hanging of equipment from(or otherwise loading) the roof or structural members of the building withoutthe express written consent of the Landlord. The Tenant shall not use or occupyor permit the Demised Premises shall to be used or occupied, nor do or permit anythingto be done in compliance or on the Demised Property, in a manner which will in any wayviolate any Certificate of Occupancy affecting the Demised Premises, or makevoid or voidable any insurance then in force with respect thereto, or which willmake it impossible to obtain fire, casualty or other insurance at regular rates,or which will cause or be likely to cause structural damage to the Building orany part thereof, or which will constitute a public or private nuisance, orwhich would adversely affect the then value thereof, and shall not use or occupyor permit the Demised Premises to be used or occupied in any manner which willviolate any present or future laws or regulations of any governmental authority.Tenant shall, at Tenant's sole cost and expense, take all actions, including anyrequired alterations necessary, to comply with all lawspresent or future laws orregulations, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, including the Americans With Disabilities ActAct of 1990 ("ADA") whichshall impose any violation, 42 U.S.C. § 12101order or duty upon Landlord or Tenant arising from or in connection with Tenant's occupancy, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of manner of use of the Premises(including such use that constitutes a "place of accommodation" under the ADA. At no time during this Lease may Tenant store upon the premises hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or by the Federal Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317).Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises which or is declared by lawful under the certificate of occupancy. Landlord agrees with Tenant that during the term of this Lease(including any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant extension term), it will not enter into a lease with another tenant wherein, the use or permit of such tenant as otherwise expressed in the Premises to Lease would be used for any a purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as by its very nature constitute a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply material interference with the provisions preparation, distribution, storage, warehousing or refrigeration of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesfood products.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use purpose set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Section 1.14 above and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)for no other purposes. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of shall not do or permit anything to be done in or about the Premises which is declared by in any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation way will obstruct or interfere with the rights of a Legal Requirement. Tenant will not any other occupants of the Building, or use or permit allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose or in which could injure the reputation of the Building or otherwise violate any manner that would void Tenant’s recorded covenant or Landlord’s insurance, increase restriction affecting the insurance risk, or cause the disallowance of any sprinkler or other creditsBuilding. Tenant shall not cause or maintain or permit any part nuisance or commit or suffer the commission of any waste in, on or about the Building. Tenant expressly acknowledges that it shall be the sole responsibility of Tenant to secure all necessary permits, licenses and approvals from all governmental authorities having jurisdiction for the use of the Premises as set forth herein. Tenant shall not cause or permit any obnoxious odors or fumes which Landlord in its sole discretion shall consider objectionable to be used as a “place of public accommodation”emanate from the Premises. No auction, as defined in the ADA fire, bankruptcy, liquidation, sidewalk or any similar legal requirement. type of sale shall be conducted on the Premises, nor shall Tenant use any advertising medium that shall reimburse be a nuisance to Landlord promptly upon demand for any additional premium charged for any or other tenants such insurance policy by reason of Tenant’s failure as loudspeakers, phonographs or radio broadcasts in a manner so as to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of be heard outside the Premises. Tenant will use and Tenant’s employees and agents shall not solicit business in the Premises parking area or other Common Areas, nor shall Tenant distribute any handbills or other advertising manner in a careful, safe the parking area or in other Common Areas. Tenant agrees that all loading and proper manner unloading of goods shall be made at such places as are designated by Landlord and will all loading and unloading operations shall be conducted so as not commit to obstruct or permit waste, overload hinder the floor or structure operation of the Premisesbusinesses of the other tenants in the Building, subject the Premises to use that would damage the Premises nor will Tenant unreasonably block or obstruct any street, sidewalk or interfere with the rights of Landlord right-of-way adjacent to or other tenants or occupants comprising part of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposeBuilding. Tenant shall cause any maintain adequate equipment and employ sufficient personnel to assure a successful operation on the Premises and shall be open for business and operate the entire Premises (unless prevented by acts of God or machinery to be installed other circumstances not within its control) during the entire Term of this Lease at all such times in which the other businesses in the Premises so as to reasonably prevent sounds or vibrations from Building and/or the Premises from extending into Common Areas, or other space like businesses in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished general trade area are generally open for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisescustomer business.
Appears in 1 contract
Use. The Leased Premises shall be used solely and occupied by Tenant as office space and for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or no other creditspurpose. Tenant shall not permit any part cause excess odor, vibration, fumes, noise and/or nuisance within or beyond the confines of the Leased Premises to be used as a “place of public accommodation”, as defined and its use shall not result in the ADA deterioration of the Leased Premises or any similar legal requirementthe Building in which the Leased Premises is located. In addition, Tenant warrants and represents the following:
a. Tenant shall place waste and refuse matter in the receptacle provided by Tenant. Tenant shall reimburse Landlord promptly upon demand for deposit only acceptable commercial waste in the aforesaid receptacle. Said acceptable commercial waste shall not include; Hazardous waste; Pathological waste; Industrial waste; Asbestos waste; Tires; Batteries; Oil and any additional premium charged for wastes packed in drums or drums themselves; and any such insurance policy other wastes deemed unacceptable on any future date by reason of Tenant’s failure to comply with the provisions of this Section any appropriate governmental authority or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposeLandlord's waste hauler.
1. Tenant shall cause indemnify and hold Landlord harmless from all costs and expense, including but not limited to, reasonable attorneys fees, charges, fines and penalties for Tenants deposit of any equipment or machinery to be installed unacceptable waste in the waste receptacle.
b. Tenant shall, at all times hereunder, comply with all applicable Federal, State and local environmental, land use, zoning, health, safety and sanitation laws, ordinances, codes, rules and regulations and interpretations and orders of regulatory and administrative authorities with respect thereto, and shall obtain and comply with any and all approvals, registrations or permits required thereunder. Without limiting the generality of the foregoing, Tenant shall duly comply with all requirements the New York State Environmental Conservation Law and the regulations promulgated thereunder. Tenant at Landlord's direction shall promptly undertake and diligently pursue to completion the appropriate and legally authorized remedial and clean-up action in the event any release by Tenant of oil or Hazardous waste or substances, upon or into the Leased Premises, the Building in which the Leased Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areasis located, or other space in the Projectsurrounding land area.
1. Tenant shall not place provide Landlord with copies of any machinery notification of releases of oil or equipment weighing 500 pounds Hazardous wastes or more substances which are given by, or on behalf of the Tenant to any Federal, State or local agencies or authorities with respect to the Leased Premises.
2. Tenant shall defend, indemnify, and hold harmless the Landlord, its employees, agents, officers and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses in relation to the release of any oil or Hazardous wastes or substances upon the Premises or transport or move such items through the Common Areas of the Project or Leased Premises, and by Tenant, in the Project elevators without Building in which the prior written consent of LandlordLeased Premises is located, or the surrounding land area.
3. Except as may be provided under the Work Letter, Tenant shall notfurnish to Landlord at Landlord's written request, without written certification of its compliance with this Paragraph "EIGHTH". Such certification shall list all hazardous wastes or substances and the prior written consent of Landlord, use quantities thereof used on the Leased Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisespast year.
Appears in 1 contract
Sources: Lease Agreement (Nco Group Inc)
Use. A. The demised Premises shall be used solely only for the purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations, such rules and regulations not to be inconsistent with Tenant's rights hereunder and not to be enforced without a copy of such rules and regulations being provided to Tenant. Permitted Use set forth use in the Basic Lease ProvisionsPremises is to include assembly of procedural medical trays for sterilization. The Premises Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant will be permitted to have four (4) service vehicles parked at the loading dock at night and in legal parking spaces during the business day. Tenant shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their Premises are situated or unreasonably interfere with their use of the Premises their respective Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits.
B. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss, liability, and expenses, both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesparagraph.
Appears in 1 contract
Use. The Premises Tenant shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will for warehouse/office/auction/retail purposes and ------------------------------- shall not use or permit the Premises to be used for any other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises which consent shall not be unreasonably withheld delayed. Tenant shall not do or permit anything to be done in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within about the Premises, each nor bring or keep anything therein which will in any way increase the Building utilities expense or the existing rate of which may weigh approximately 900 pounds plus or affect any fire or other insurance upon the weight 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 be used for any improper, immoral, unlawful, or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Landlord has sole discretion in determining and defining what violates the purported use for the Premises; Landlord's discretion includes, but is not limited to, defining what uses are improper, immoral, unlawful, and objectionable, as well as those uses that create nuisances or those that are wasteful. Any violation of the contents, purported and Landlord hereby consents to Tenant locating such Fire Safes within approved use of the PremisesPremises as defined by Article 8 shall constitute default under this Lease at Landlord's sole discretion.
Appears in 1 contract
Sources: Office/Warehouse Building Lease (Ableauctions Com Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Basic Premises. Subject to the provisions of this Lease Provisions. The Premises dealing with Access Laws, Tenant shall be used in compliance comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the Premises terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method or storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant In the event Tenant's use of Premises shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined result in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such an increase in insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterpremiums, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished be solely responsible for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisessaid increase.
Appears in 1 contract
Sources: Lease Agreement (Applied Voice Technology Inc /Wa/)
Use. The Demised Premises shall be used solely by Tenant for the Permitted specific Use set forth as defined in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Terms and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)for no other purpose whatsoever. Tenant shall, upon 5 days’ written notice from Landlordat its sole cost and expense, discontinue any promptly comply with all governmental laws, ordinances and regulations (Federal, state and municipal) applicable to the Demised Premises and Tenant’s use of the Demised Premises in its business operations, including any structural alterations which may be required. Tenant agrees to obtain necessary permits and licenses to commence its business operation at its sole cost and expense. Landlord shall have no responsibility for Tenant’s ability or inability to obtain such permits and licenses, said permits and licenses being the sole responsibility of Tenant. Tenant shall have exclusive use of the Demised Premises except that the bathrooms and an accessible path to the bathrooms shall be open to public use during normal business hours as determined by the Landlord. Tenant shall erect and maintain signage satisfactory to the Landlord indicating that the bathrooms are open to public use. Tenant shall not permit any excessive odors, smoke, dust, gas, noise or vibration to emanate from the Demised Premises, nor take any other action which would constitute a nuisance. Tenant shall not receive, store or otherwise handle, any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Demised Premises to be used for any purpose or in any manner that (including, without limitation, any method of storage) which would render the insurance thereon void Tenant’s or Landlord’s insurance, increase the premiums therefore or the insurance risk, or cause . Landlord makes no representations that the disallowance of any sprinkler or other creditsDemised Premises are properly zoned for the prescribed Use. Tenant shall not permit the storage or discharge into the earth or its atmosphere of effluents, waste or other materials, solid, liquid or gaseous. No waste or other materials shall be disposed of by Tenant in any part of way or manner which would or will in the Premises future cause the Tenant and/or Landlord to be used as a “place liable for fines and penalties under the laws or rules currently in effect (Federal, state and/or municipal) or to incur expenses of public accommodation”, as defined in the ADA or any similar legal requirementsort to correct any such condition. Tenant shall reimburse indemnify and hold Landlord promptly upon demand for harmless from and against any additional premium charged for any such insurance policy by reason claims, fines, penalties or causes of action arising out of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesSection.
Appears in 1 contract
Sources: Lease Agreement
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all lawsgovernmental approvals, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants licenses and restrictions now or hereafter applicable to permits required for the Premises, proper and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which is declared by will in any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation way interfere with the rights of a Legal Requirement. Tenant will not other occupants of the Building or the Project, or use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant’s the Premises or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsProject. Tenant shall not permit perform any part of the Premises to be used as a “place of public accommodation”, as defined work or conduct any business whatsoever in the ADA or any similar legal requirementProject other than inside the Premises. Tenant shall reimburse Landlord not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. 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 of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s use and enjoyment of the Premises. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s use and/or occupancy noncompliance. Any capital improvements that Tenant shall be required to make pursuant to this Section 5.1 or other provisions of this Lease (including, without limitation, Section 7.1) which shall have a useful life that extends beyond the expiration of the Premises. Tenant will use Term and which shall not be required as a result of Tenant’s unique situation, unique improvements in the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure unique use of the Premises, subject shall be amortized over such useful life of such capital improvements (calculated at market cost of funds) and, notwithstanding anything to the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed contrary in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterthis Lease, Tenant shall not, without be responsible only for the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated amortized costs attributable to the Premises based upon Tenant’s Share as usually furnished Term and Landlord shall be responsible for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesbalance.
Appears in 1 contract
Sources: Lease (AutoTrader Group, Inc.)
Use. The Premises leased property shall be used solely for the Permitted Use set forth in purpose of recreational amenties for public use. . If the Basic Lease Provisionsproperty is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. The Premises Lessee shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue not permit any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or property in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with any transportation facilities. Lessee will further use and occupy the rights of Landlord leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or other tenants allow to be caused, any nuisance or occupants of the Project, including conducting or giving notice objectionable activity of any auction, liquidation, or going out of business sale nature on the Premises, property. Lessee will not use or using or allowing the Premises to be used occupy said property for any unlawful purposepurpose and will, at ▇▇▇▇▇▇'s sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Tenant shall cause Any activities in any equipment way involving hazardous materials or machinery to substances of any kind whatsoever, either as those terms may be installed in the Premises so as to reasonably prevent sounds defined under any state or vibrations from the Premises from extending into Common Areasfederal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other space in hazardous materials on the Projectleased property is prohibited. Tenant Lessee shall not place be held responsible for the performance of and payment for any machinery environmental remediation that may be necessary, as determined by the Lessor, within the leased property. If any contamination either spread to or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas was released onto adjoining property as a result of ▇▇▇▇▇▇'s use of the Project or in leased property, the Project elevators without the prior written consent of LandlordLessee shall be held similarly responsible. Except as may be provided under the Work LetterThe Lessee shall indemnify, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contentsdefend, and Landlord hereby consents to Tenant locating hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such Fire Safes within the Premisescontamination.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises A. Tenant shall be used solely use and occupy the demised premises only for the Permitted Use set forth following purpose and for no other purpose whatsoever: A for profit educational institution (commercial school) including ancillary items related to such operation (ie. book store, vending machines, etc.).
B. Tenant shall use the demised premises in the Basic Lease Provisions. The Premises shall be used following manner:
(i) Subject to, and in compliance accordance with all rules, regulations, laws, orders, judgments, ordinances, regulationsstatutes and requirements of all governmental authorities and any Fire Insurance Rating Organization, codesBoard of Fire Underwriters and/or similar bodies having jurisdiction thereof.
(ii) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business in the demised premises, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premisesany part thereof, and if failure to secure such license or permit would in any way affect Landlord, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)same for inspection by Landlord. Tenant shall, upon 5 days’ written notice from Landlordat all times, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions terms and conditions of this Section each such license or otherwise caused by Tenant’s permit.
(iii) Tenant shall not, at any time, use and/or occupancy or occupy the demised premises or do or permit anything to be done in the demised premises in violation of the Premises. Tenant will use Certificate of Occupancy for the Premises in a careful, safe and proper manner and will not commit demised premises or permit waste, overload for the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Building.
(iv) Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon load on the Premises or transport or move such items through the Common Areas floor of the Project demised premises exceeding the floor load per square foot for which it is designed to carry and which is allowed by law.
(v) Tenant must actively and actually engage in business for which the demised premises was rented. In the event Tenant does not actively and actually engage in business for a period of thirty (30) days, or in the Project elevators without event tenant abandons the prior written consent demised premises, this shall be deemed a material breach of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, this Lease and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesmay, at it's option, cancel this Lease rendering same null and void.
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Use. The (a) Tenant covenants that the Demised Premises will not be used so as to adversely interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to adversely interfere with the quiet enjoyment of the other tenants of their respective demised portions of the Building. Landlord shall be the sole judge on the question of noise, noxious fumes and odors, which judgment shall be exercised reasonably by Landlord. Notwithstanding the foregoing, Landlord acknowledges that the normal and customary operation of a semi-conductor business as currently conducted shall not be deemed to adversely interfere with other tenants in the Building or create noise, noxious fumes or odors which adversely interfere with other tenants' quiet enjoyment of their respective demised portions of the Building.
(b) Tenant shall provide and maintain, at its expense, the hand-held fire extinguishers that are required to be maintained in Demised Premises by the governmental agency having jurisdiction over this matter.
(c) Tenant shall not obstruct or encumber, or cause to be obstructed or encumbered, the sidewalks, area ways or other public portions of the Real Property, without limitation, the parking area, driveways and access areas adjacent to the Demised Premises and used solely in conjunction therewith; nor shall Tenant use same nor permit same to be used for any purpose other than ingress and egress to and from the Demised Premises. However, Tenant may use, on an exclusive basis together with Landlord, the loading area appurtenant to the Demised Premises for loading and unloading. In exercising Landlord's right to use the aforementioned loading area, Landlord shall provide Tenant with prior notice of such entry (except in the event of an emergency), and shall use commercially reasonable efforts to (i) minimize interference with the conduct of Tenant's business at the Demised Premises, and (ii) avoid damaging any of Tenant's property located therein. Tenant shall not store any materials, goods or other items outside the building or the Demised Premises including, without limitation, inventory, furniture or equipment, except that Tenant shall have the right to store equipment and materials within the outdoor storage area currently being utilized by Tenant at the Real Property, subject to compliance with all applicable laws, codes, ordinances, rules and regulations applicable with respect to such storage. Notwithstanding anything to the contrary contained in this lease, Landlord agrees that Tenant's employees shall have the right to store bicycles for their personal use either within the Demised Premises or in a bicycle storage area outside of the Building in a location designated by Landlord.
(d) Tenant shall, at its own cost and expense, procure all necessary certificates, permits, orders or licenses which may be required for the Permitted Use conduct of its business by any governmental statute, regulation, ordinance or agency and that all governmental requirements relating to the use or uses of the Demised Premises by the Tenant shall be complied with by the Tenant at its own cost and expense.
(e) Tenant agrees that the value of the Demised Premises and the reputation of the Landlord will be seriously injured if the Demised Premises are used for any obscene or pornographic purposes or if any obscene or pornographic material is permitted in the Demised Premises. Tenant further agrees that Tenant will not knowingly or intentionally permit any of these uses by Tenant or a sublessee or assignee of the Demised Premises. This Paragraph shall directly bind any successors in interest to Tenant. Pornographic material is defined for purposes of this Paragraph as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in Penal Law Section 235.00.
(f) Landlord covenants that Tenant shall have access to and use of the Demised Premises twenty-four (24) hours per day, seven (7) days per week. Notwithstanding anything to the contrary contained herein, Landlord shall permit Tenant to (i) install on the roof of the Building in a location mutually acceptable to Landlord and Tenant (it being acknowledged and agreed that, in any event, such location must be directly over the Demised Premises) (the "Approved Roof Area"), equipment to be used in connection with Tenant's business operations at the Demised Premises (the "Equipment"); (ii) use riser and unobstructed, secure shaft space from points of entry in the Building to the Demised Premises, as reasonably designated by Landlord; (iii) use unobstructed, secure shaft space from points of entry in the Building to gain access to the Building switch gear and Tenant's uninterrupted power supply; and (iv) access the Approved Roof Area at all times as reasonably necessary for purposes of installing and maintaining the Equipment. Except in the event of an emergency, with respect to the exercise by Tenant of the rights set forth in this Paragraph 51(f) and/or the Basic Lease Provisionsrights set forth in Paragraph 45(a) above, Tenant agrees to provide Landlord with prior written notice of any intended access to the Approved Roof Area and Landlord shall have a reasonable opportunity to arrange for a representative of Landlord to accompany Tenant during any access to the Approved Roof Area. The Premises Tenant, at its sole cost and expense, shall be used in compliance with all lawssolely responsible for the installation, ordersexistence, judgmentsmaintenance, ordinancesrepair, regulationsreplacement and removal of the Equipment, codesunless such maintenance, directives, permits, licenses, covenants repair or replacement is necessitated by the negligence or willful misconduct of Landlord. Tenant agrees to keep and restrictions now or hereafter applicable to maintain the PremisesApproved Roof Area affected by the Equipment watertight and free of leaks, and to the extent Tenant has knowledge (which knowledge may result from written notice received from Landlord), or is reasonably expected to know, that the Approved Roof Area is in need of repair, same shall be undertaken at Tenant's sole cost and expense. In no event shall any such installation(s) by Tenant void or in any way diminish any warranty on the roof in favor of Landlord. At Landlord's election, Tenant shall be required to remove the Equipment at the expiration or sooner termination of this lease and to restore the Approved Roof Area to the condition in which it existed prior to any such access or installation by Tenant. The parties acknowledge and agree that the Approved Roof Area and the Equipment is and is intended to be the same "Approved Roof Area" and "Equipment" described in the 11,933 SF Lease.
(g) Landlord acknowledges and agrees that, during the Term, Landlord shall not seek to change or modifY the zoning classification of the Building and/or the certificate of occupancy for the Building in a manner which will materially and adversely affect Tenant's current use of the Demised Premises (as set forth in Paragraph 2 of this lease).
(h) Tenant, at its sole cost and occupancy thereofexpense (but without any additional Rent being payable to Landlord with respect thereto), shall have the right to install a security booth (the "Security Booth") on the first floor of the Building provided (1) the Security Booth shall be in a location to be indicated on Exhibit A-1 attached hereto, (2) the type and location of furniture to be used in the Security Booth shall be subject to Landlord's sole discretion, and (3) any such installation and maintenance ofthe Security Booth shall be subject to compliance with all applicable laws, ordinances, codes, rules and regulations and otherwise in compliance with the terms and conditions of this Lease, including, without limitation, Article 45 hereof. Landlord shall provide Tenant with specifications for seating of guests in the Americans With Disabilities Act, 42 U.S.C. § 12101, et seqarea adjacent to the Security Booth. (together with The parties acknowledge and agree that the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” Security Booth is and each, a “Legal Requirement”). is intended to be the same "Security Booth" as described in the Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority Leases (as defined hereinafter defined) and in Section 9) having jurisdiction to no event shall Tenant be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceentitled, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterTenant Leases, Tenant shall not, without to more than the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesone (1) Security Booth described herein.
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Use. The Premises A. Tenant shall be used use and occupy the demised premises solely for the Permitted Use set forth use specified in Article 2 of the Basic Lease Provisionsprinted form of this lease and for no other purposes. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, Tenant specifically covenants and restrictions now agrees that Tenant shall not use the demised premises or hereafter applicable to the Premises, and to the use and occupancy any part thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or nor permit the Premises demised premises of any part thereof to be used for any purpose sleeping or in any manner that would void Tenant’s residential purposes or Landlord’s insurancefor overnight accommodations.
B. In addition, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not suffer nor permit the demised premises or any part of the Premises thereof to be used as a “place in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any of the provisions of any grant, lease or mortgage or requirements of public accommodation”authorities (ii) make void or voidable any fire or liability insurance policy then in force with respect to the building, as defined (iii) make unattainable or more difficult to obtain from reputable insurance companies authorized to do business in New York State fire insurance with extended coverage, or liability, elevator, boiler or any other insurance maintained by Landlord, (iv) cause physical damage to the building or any part thereof, (v) constitute a public or private nuisance, (vi) impair, the appearance, character or reputation of the building, (vii) impair or interfere with any of the building services or the proper
C. Owner makes no representations, guarantees, or acknowledgments that the use designated in the ADA Lease by the Tenant is permitted under any statute, ordinance, rule, regulation, or other present or future law promulgated by any similar legal requirementstate, federal, municipal, or local government or agency or authority thereof. Tenant In the event that said use is illegal or determined by any notice of violation or order issued by the aforesaid appropriate governmental authority, then upon six (6) days prior written notice given in accordance with this Lease, this Lease and the term thereof shall reimburse Landlord promptly upon demand expire on the last day of said notice as if said day were the last day of the term of this Lease.
D. If any governmental licence or permit shall be required for any additional premium charged for any such insurance policy by reason the proper and lawful conduct of Tenant’s failure 's business, Tenant, at Tenant's sole cost and expense, shall duly procure and thereafter maintain such licence or permit and submit the same to inspection by Owner Tenant, at Tenant's sole cost and expense, shall at all times comply with the provisions terms and conditions of this Section each such licence or otherwise caused by Tenant’s use and/or occupancy permit.
E. The Owner represents to the best of the Premises. Tenant will use his knowledge that the Premises in a careful, safe may be used for an office and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale there are no outstanding violations on the Premises, or using or allowing that the Premises to be used Landlord is aware, that would preclude Tenant from obtaining a building permit for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesalterations.
Appears in 1 contract
Sources: Lease Agreement (Medscape Inc)
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises Century City area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
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Use. (a) The Premises and Truck Park shall be used solely only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto, any such other lawful purpose being subject to Landlord's approval which shall not be unreasonably withheld or delayed ; however, no retail sales may be made directly from the Premises to the general public. Tenant shall not use the Premises and Truck Park to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous excluding Permitted Use set forth in the Basic Lease ProvisionsMaterials hereinafter defined below. The Premises Outside storage is prohibited. Tenant shall be used in compliance solely responsible for complying with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter Laws applicable to the Premisesuse, occupancy, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use condition of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementand Truck Park. Tenant will shall not use permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises and Truck Park; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises and Truck Park to be used for any purpose or in any manner that would (1) void Tenant’s or Landlord’s insurancethe insurance thereon, (2) unreasonably increase the insurance risk, or (3) cause the disallowance of any sprinkler or other credits, however, Landlord agrees that Tenant's planned use is not a breach of this provision. Tenant shall not permit pay to Landlord on demand any part increase in the cost of any insurance on the Premises and Truck Park or the Building incurred by Landlord, which is caused by Tenant's use of the Premises and Truck Park or because Tenant vacates the Premises and Truck Park prior to the expiration of this Lease.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Premises and Truck Park 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 used as a “place of public accommodation”responsible for enforcing Tenant's parking rights against third parties but shall use reasonable efforts to coordinate and/or mitigate parking disputes with other tenants that may arise from time to time. Notwithstanding the foregoing, Landlord agrees not to enforce rules and regulations, as defined to this Tenant, in a manner that is more restrictive than to other tenants in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesBuilding.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purposes of receiving, storing, shipping, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall conduct such activities in such a manner as to not constitute a violation of the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and deed restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereofof Century Plaza. Outside storage, including, without limitation, the Americans With Disabilities Acttrucks and other vehicles, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord's prior written consent. Tenant shallshall obtain, upon 5 days’ written notice from Landlordat its own cost and expense, discontinue any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or in connection with the Premises, all at Tenant's sole expense. Tenant shall not permit any objectional or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other Tenants of the building situated on the Premises 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that manner, (including, without limitation, any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Use. The Sublessee shall use the Premises shall be used solely for the Permitted Use set forth as described in the Basic Lease Provisions. The Sublease Provisions and shall not use or allow the Premises shall to be used for any other purpose without the prior written consent of Sublessor. Sublessee shall not use or occupy the Premises in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now violation of law or hereafter applicable to of the Premisescertificate of occupancy issued for the Building, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, Lessor or Sublessor discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw or of said certificate of occupancy. Tenant will not Sublessee, at its sole cost and expense, agrees to comply with all laws, rules, regulations and directions of any governmental authority having jurisdiction which shall, by reason of the nature of Sublessee's use or permit occupancy of the Premises, impose any duty upon Sublessee, Sublessor, or Lessor with respect to the Premises or with respect to the use or occupation thereof. Sublessee shall not do or permit to be used for any purpose done anything which will invalidate or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance cost of any sprinkler fire coverage, extended coverage or any other credits. Tenant insurance policy covering the Building and shall not permit any part comply with all rules, orders, regulations and requirements of the Premises to be used as a “place of public accommodation”, as defined in the ADA Pacific Fire Rating Bureau or any other organization performing a similar legal requirementfunction. Tenant Sublessee shall promptly, upon demand, reimburse Landlord promptly upon demand Sublessor for any additional insurance premium charged for any such insurance policy by reason of Tenant’s Sublessee's failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesArticle. Tenant will use the Premises in a careful, safe and proper manner and will Sublessee shall not commit do or permit waste, overload anything to be done in or about the floor or structure of the Premises, subject the Premises to use that would damage the Premises or premises which will in any way obstruct or interfere with the rights right of Landlord or other tenants or occupants of the ProjectBuilding, including conducting their guests or giving notice of any auction, liquidationinvitees, or going out of business sale on the Premisesinjure or annoy them, or using use or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Sublessee cause, maintain or permit any nuisance in, on or about the Premises. Tenant Sublessee shall cause any equipment not commit or machinery suffer to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place committed any machinery or equipment weighing 500 pounds or more waste in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Sublease (Jb Oxford Holdings Inc)
Use. The Premises 9.1 Tenant shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of occupy the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit during the Premises to be used Term for any general office purposes and no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall notnot use, suffer or permit the Premises or any part thereof to be used for any other purpose or purposes without the prior obtaining written consent of Landlord, which consent shall not be unreasonably withheld.
9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any portion of the Building, development, or project of which the Premises are a part, or any other property owned or controlled by him, for any lawful purpose.
9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises or permit the Premises to be used in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond increase the existing capacity rate of insurance on the Building, any part thereof or its contents or any part thereof, such additional expense shall be paid by Tenant to Landlord within ten (10) days of delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shall not 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 policies, as such now or are hereafter provided, covering the Building, any part thereof, or its contents.
9.4 Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Building in which the Premises are located. Tenant shall not use the Premises or permit the Premises to be used in whole or in part for any purpose that is deemed to be in violation of any laws, ordinances, regulations or rules of any public authority or organization at any time. A judgment of any court of competent jurisdiction or the admission by Tenant in any judicial or administrative action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, or rules in the use of the Project as proportionately allocated Premises shall be deemed to be a conclusive determination of that fact between Landlord and Tenant.
9.5 Upon the expiration or sooner termination of this Lease, Tenant shall quit and surrender the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. to Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, in good condition and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesrepair reasonable wear and tear excepted.
Appears in 1 contract
Sources: Office Lease (Agile Software Corp)
Use. 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 solely for the Permitted Use set forth those purposes. Tenant waives any right to terminate this lease in the Basic event the Premises cannot be used for such purposes during the Lease Provisionsterm. The Premises shall premises may not be used for any other purpose without Landlord's written consent. Tenant shall not do or permit anything to be done in compliance with all lawsor about the Premises or 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 any of its contents, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to cause cancellation of insurance policy covering the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together Building or any part thereof or any way obstruct or interfere with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use rights of other tenants or occupants of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not Building or injure or annoy them or use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsobjectionable purpose. Tenant shall not permit any part of the Premises commit or suffer to be used as a “place of public accommodation”, as defined committed any waste in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery upon or equipment weighing 500 pounds install in windows or more in other openings or upon exterior sides of doors or walls of the Premises any signs, symbols, drapes or transport or move such items through the Common Areas of the Project or in the Project elevators other materials without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the Landlord's prior written consent of Landlordconsent, use the Premises in keep any manner which will require ventilationsubstances designated as, air exchangeor containing components designated as, heatinghazardous, gasdangerous, steamtoxic, electricity or water beyond the existing capacity of the Project as proportionately allocated harmful, and/or subject to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4regulation under any federal, but up to 8state, Fire Safes within or local law, regulation, or ordinance on or around the Premises, each common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of which may weigh approximately 900 pounds plus in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the weight use, storage, disposal, transportation, generation or sale by Tenant (or its employees, agents, contractors or invitees) of hazardous substances on the Premises. Landlord gives Tenant and its employees, authorized representatives, and business invitees a nonexclusive right to the reasonable use and enjoyment of the contentsCommon Areas, and Landlord hereby consents subject to Tenant locating such Fire Safes within the PremisesLandlord's rights set forth herein.
Appears in 1 contract
Use. The a. Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the general office use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). for no other purpose.
b. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit anything to be done in or about the Leased Premises which will violate any applicable law, statute, ordinance or governmental rule or regulation or requirement now in force or hereafter in effect during the Lease Term, including, but not limited to, the Americans with Disabilities Act and all environmental laws and regulations (collectively "Governmental Regulations"). Tenant at its sole expense, will comply with all Governmental Regulations relating to or affecting the condition, use or occupancy of the Leased Premises during the Lease Term. Landlord represents and warrants that the Leased Premises currently complies with all applicable Government Regulations.
c. Tenant shall not cause or permit any hazardous materials to be released, brought upon, stored, produced, emitted, disposed of or used upon, about or beneath the Premises to be by Tenant, its agents, employees, contractors or invitees except those hazardous materials customarily used for any purpose or in any manner the conduct of general administrative office activities (e.g. copier fluids and cleaning supplies), provided that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditssuch use and storage is in full compliance with all applicable Governmental Regulations. Tenant shall not permit defend, indemnify and hold Landlord harmless from and against any part of and all damage, loss, claim, obligation, liability, cost (including attorneys' fees and expenses), expense, deficiency and interest charges (collectively "Loss and Expense") which arise from the presence upon, about or beneath the Premises to be of any hazardous materials which are released, brought upon, stored, produced, emitted, disposed of or used as a “place of public accommodation”upon, as defined in about or beneath the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused Leased Premises by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit its employees, servants, customers, invitees, subtenants, licensees or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisescontractors.
Appears in 1 contract
Use. The Sublet Premises shall be used solely only for the Permitted Use set forth in the Basic Lease Provisionspurpose of manufacturing, storing and distributing airplane parts and aircraft welded assemblies, and storing, cutting and distributing metal plates for aircraft, and for such other lawful purposes as may be incidental thereto, including general office use. The Premises Outside storage is prohibited without Sublessor's prior written consent. Sublessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Sublessee shall be used in compliance comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Sublet Premises, and to the use and occupancy thereof, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives for the Americans With Disabilities Actcorrection, 42 U.S.C. § 12101prevention and abatement of conditions or nuisances in or upon, et seqor connected with, the Sublet Premises, all at Sublessee's sole expense. (together Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Sublet Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Sublet Premises are situated or unreasonably interfere with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any their use of the Premises their respective premises. Without Sublessor's prior written consent, Sublessee shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant Sublessee will not use or permit the Sublet Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s (i) cause the existing fire sprinkler system to be inadequate under existing laws and codes, or Landlord’s insurance, increase (ii) render the insurance risk, thereon void or cause the disallowance insurance premiums to increase or cause the State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Use. The Premises Lessee shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe Subleased Space for general office purposes and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or for no other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators purpose without the prior written consent of LandlordSublessor. Except as may Sublessee's business shall be provided under established and conducted throughout the Work Letter, Tenant term hereof in a first class manner. Sublessee shall not, without the prior written consent of Landlord, not use the Premises Subleased Space 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 Subleased Space. Sublessee shall not do or suffer anything to be done upon the Subleased Space which will cause structural injury to the Subleased Space, or the building of which the same form a part. The Subleased Space shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Subleased Space which will injure, vibrate or shake the Subleased Space or the building of which it is part. No use shall be made of the Subleased Space which will in any manner way impair the efficient operation of the sprinkler system (if any) within the building containing the Subleased Space. No musical instrument of any sort, or any noise making device will be operated or allowed upon the Subleased Space for any purpose. No use will be made of the Subleased Space which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond increase the existing capacity rate of insurance upon the building in which the Subleased Space is located, or cause a cancellation of any insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Project as proportionately allocated Subleased Space by Sublessee shall 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 Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends exercise of any other rights or remedies, or constitute a waiver of Sublessor's right to locate at least 4, but up require Sublessee to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating discontinue such Fire Safes within the Premisesact or use.
Appears in 1 contract
Sources: Sub Sublease Agreement (Digitas Inc)
Use. The (a) Tenant covenants that the Demised Premises will not be used so as to materially and adversely interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to materially and adversely interfere with the quiet enjoyment of the other tenants of their respective demised portions of the Building. Landlord shall be used solely for the Permitted Use set forth sole judge on the question of noise, noxious fumes and odors.
(b) Tenant shall provide and maintain, at its expense, the hand-held fire extinguishers that are required to be maintained in Demised Premises by the Basic Lease Provisions. The Premises governmental agency having jurisdiction over this matter.
(c) Tenant shall not obstruct or encumber, or cause to be used in compliance with all lawsobstructed or encumbered, ordersthe sidewalks, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now area ways or hereafter applicable to other public portions of the Premises, and to the use and occupancy thereof, includingReal Property, without limitation, the Americans With Disabilities Actparking area, 42 U.S.C. § 12101, et seq. (together with driveways and access areas adjacent to the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” Demised Premises and each, a “Legal Requirement”). used in conjunction therewith; nor shall Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or same nor permit the Premises same to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceother than ingress and egress to and from the Demised Premises. However, increase Tenant may use the insurance risk, or cause loading area appurtenant to the disallowance of any sprinkler or other creditsDemised Premises for loading and unloading. Tenant shall not store any materials, goods or other items outside the building or the Demised Premises including, without limitation, inventory, furniture or equipment.
(d) Tenant shall, at its own cost and expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any governmental statute, regulation, ordinance or agency and that all governmental requirements relating to the use or uses of the Demised Premises by the Tenant shall be complied with by the Tenant at its own cost and expense.
(e) Tenant agrees that the value of the Demised Premises and the reputation of the Landlord will be seriously injured if the Demised Premises are used for any obscene or pornographic purposes or if any obscene or pornographic material is permitted in the Demised Premises. Tenant further agrees that Tenant will not permit any part of these uses by Tenant or a sublessee or assignee of the Premises Demised Premises. This Paragraph shall directly bind any successors in interest to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementTenant. Tenant shall reimburse Landlord promptly upon demand for agrees that if at any additional premium charged for time Tenant violates any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy Paragraph, such violation shall be deemed a breach of a substantial obligation of the Premisesterms of this lease and objectionable conduct. Tenant will use the Premises Pornographic material is defined for purposes of this Paragraph as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesPenal Law ?235.00.
Appears in 1 contract
Use. A. The Premises shall be used solely to the extent permitted by applicable law only for general office purposes and light pharmaceutical and test laboratories and to the extent applicable for the Permitted Use set forth purpose of receiving, storing, formulating, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purpose as many be incidental thereto. Tenant shall not use the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable or hazardous except for the small amounts of materials necessary for the pharmaceutical development process properly used, stored and disposed of by Tenant in the Basic Lease Provisionsnormal conduct of its business. The Premises Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall be used in compliance comply with all federal, state, and local governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and to promptly shall comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void all at Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. 's sole expense Tenant shall not permit any part of the Premises objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of emanate from the Premises, subject nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other Tenants of the Building.
B. Tenant and its employees, customers and licensees shall have the non- exclusive right to use, in common with others, any parking areas associated with the Premises which Landlord has designated for such use, subject to use that would damage the Premises or obstruct or interfere with the (1) all reasonable rules and regulations promulgated by Landlord and (2) rights of ingress and egress of other Tenants and their employees, customers, agents and invitees. Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place be responsible for enforcing Tenant's parking rights against any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesthird parties.
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Access Pharmaceuticals Inc)
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth 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 deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in compliance with all lawsaddition to any other available remedy. Tenant, ordersat its expense, judgmentsshall procure, ordinances, regulations, codes, directives, permits, licenses, covenants maintain and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used make available for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceinspection throughout the Term, increase all governmental approvals, licenses and permits required for the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason proper and lawful conduct of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s permitted use and/or occupancy of the Premises. Tenant will shall not use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any unlawful purpose. , nor shall Tenant shall cause permit any equipment nuisance or machinery to be installed commit any waste in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectSite. Tenant shall not place perform any machinery work or equipment weighing 500 pounds conduct any business whatsoever in the Site other than inside the Premises. Tenant shall not do or more in permit to be done anything which will invalidate or upon increase the cost of any insurance policy(ies) covering the Building, the Site and/or their contents, and shall comply with all applicable insurance underwriters rules. 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 of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises and provided, at all times, that the Landlord shall be responsible for any ADA compliance on and to the exterior of the Building and/or Common Areas unless such expenditures are necessitated by Tenant’s actions or any Alterations made to the Premises by Tenant.. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as Tenant which may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for or Tenant in accordance with the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesprovisions thereof.
Appears in 1 contract
Sources: Lease Agreement (Sonicwall Inc)
Use. The Premises or any part thereof shall not be used solely or permitted to be used for other than the Permitted Use purpose set forth in the Basic Lease ProvisionsSection l(h) above. The Premises Tenant shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or occupy or permit the Premises to be used for any purpose or occupied, nor do or permit anything to be done in or on the Premises, in a manner which will in any manner that would void Tenant’s or Landlord’s insurance, increase way violate any Certificate of Occupancy affecting the insurance riskPremises, or cause the disallowance of make void or voidable any sprinkler insurance then in force, or which will make it impossible to obtain fire, casualty or other credits. Tenant insurance at regular rates, or which will cause or be likely to cause structural damage to the Premises or any part thereof, or which will constitute a public or private nuisance, and shall not use or occupy or permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises occupied in any manner which will require ventilationviolate any present or future laws or regulations of any governmental authority in effect during the term of this Lease. If Tenant has any Permitted Use involving storage or handling of flammable materials, air exchangecombustible dust, heatingignitable fibers or flying fibers or any other use which may result in an increase in fire hazard, gasTenant shall at its own expense provide such hazard-reducing alterations of Premises, steamequipment, electricity or water beyond the existing capacity of the Project protection devices as proportionately allocated to the Premises based are required by applicable Laws. At no time during this Lease may Tenant store, upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight Hazardous Substances as that term is defined in Section 18 below except as part of the contentsPermitted Use and in material compliance with applicable Laws. Tenant shall not install any underground storage tanks on the Premises. Tenant represents and warrants that it is, and Landlord hereby consents will at all times during the Term, be licensed, certified, or registered by the appropriate governmental agency to Tenant locating such Fire Safes within conduct its activities in the Premises, to the extent required by applicable Law. Tenant further represents and warrants that it shall maintain at all time, at its sole expense, all permits, licenses, certifications, or registrations that are required by applicable Law in connection with Tenant’s activities in the Premises. In addition, should a license be required to operate the use in Section 1(j) and that license be suspended, revoked or become invalid for any reason, Tenant understands that it will remain responsible for Lease and the Lease will remain in full force and the Lease will remain in full force and the Tenant may use and occupy the Premises, subject to Landlord’s written consent, which consent shall not be unreasonably withheld, for any other Permitted Use in accordance with the local townships zoning regulations.
Appears in 1 contract
Use. The Premises a. Tenant shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or occupy or permit the Leased Premises to be used for any purpose or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which will in any manner that would void Tenant’s way violate any present or Landlord’s insurancefuture laws, increase the insurance risk, ordinances or cause the disallowance regulations of any sprinkler municipal or other creditsgovernmental authority. Tenant shall use the Leased Premises for retail sale of incense, posters, clothing, smoking accessories, pipes (metal, glass, wood), glass water- pipes, rolling papers, and hookah supplies and related items. Tenant shall obtain all local, county and state permits and licenses required for such use. Tenant shall not permit use nor sublease the Leased Premises so as to cause a violation of any part statute, ordinance or restriction of record. Tenant’s use shall not disturb any other tenant of the Premises to be used as a “place of public accommodation”, as defined in the ADA or building at any similar legal requirementtime. Tenant shall reimburse Landlord promptly upon demand for not smoke in the premises or within 25 feet of the building.
b. Tenant shall not sell or consume marijuana or any additional premium charged for marijuana derivatives or any such insurance policy by reason of Tenant’s failure to comply with other controlled substance in the provisions Leased Premises at any time. Any violation of this Section or otherwise caused by Tenant’s use and/or occupancy Article is grounds for immediate termination of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will this lease.
c. Landlord agrees to not commit lease or permit wasteany other tenant in any property owned by Landlord, overload the floor or structure within 10 miles of the Premises, subject whose principal business is derived from the Premises to retail sale of pipes, glass pipes, water pipes, and related smoking accessories. Any such use that would damage the Premises or obstruct or interfere with the rights by another tenant of Landlord or other tenants or occupants shall constitute a breach of the Projectlease. In the event Landlord becomes aware of any use by another tenant of landlord which use represents a violation or breach of Tenant’s exclusive rights under this lease, Landlord shall notify Tenant of such offending use and hereby warrants that Landlord shall take all necessary action, including conducting or giving notice initiation of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas legal proceedings and termination of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letteroffending tenant’s lease, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating ▇▇▇▇▇ all such Fire Safes within the Premisesuse.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises shall be used solely only for executive and administrative offices, limited to the Permitted Use uses specifically set forth in the Basic Lease ProvisionsInformation and for no other purposes whatsoever. The Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to its use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisances by Tenant in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue 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 the Premises their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance of 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 credits. Tenant shall not permit any part of tenants for the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Building is caused by Tenant’s 's use and/or and occupancy of the Premises. , or if Tenant will use vacates the Premises and causes an increase in a carefulsuch premiums, safe and proper manner and will not commit or permit waste, overload then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor or structure load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the PremisesPremises shall not exceed allowable design floor loading for the Building as set forth on Exhibit "F", subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposewhich is attached hereto and by this reference made a part hereof. Tenant shall cause any equipment or machinery to be installed distribute floor loading in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished accordance with design loads for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.the
Appears in 1 contract
Sources: Lease Agreement (Synquest Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of receiving, storing, shipping and selling (other than at retail) and fabricating / assembling printed circuit boards and products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, including headquarters offices and administrative functions of the Basic Lease ProvisionsTenant. The Premises Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that Landlord consents to the parking of Tenant's trucks (bobtail and tractor-trailer), and the use by Tenant of a trash compactor or similar receptacle, at Tenant's loading docks at the rear of the building. Tenant shall be used in compliance at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisances in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant's sole expense. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in which the Premises are situated or unreasonably interfere with their use of the Premises their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation, any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances, except as hereinafter provided below. Tenant's permitted use of the Premises to shall also include printed circuit board insertion and product assembly operations, soldering and wave-flow operations, sapanofiers in aqueous cleaning operations with recycling system, and conformal coating and painting operations. All of Tenant's operations shall be used as a “place performed in accordance with acceptable industry standards and shall comply with all environmental regulations. Tenant's permitted use of public accommodation”the Premises shall further include the use, receipt, storage, and handling of: (a) explosive or highly flammable material, as defined identified by Tenant on Exhibit "C"; and (b) hazardous materials and related waste, and the discharge of gases and fumes (by means of external equipment venting through exhaust curbs), all as identified by Tenant on Exhibit "C". Tenant may, after receipt of Landlord's written consent (which consent shall not be unreasonably withheld), modify the list on Exhibit "C" to include additional materials reasonably required by Tenant in the ADA or any similar legal requirementconduct of its business. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure warrants and agrees: (c) to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises store, as necessary, all flammable substances in a careful, safe UL-approved flammable liquid storage cabinets; and proper manner (d) to store all hazardous materials and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale waste in appropriate containers and at an appropriate location on the Premises, or and to dispose of hazardous waste using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, state-approved and Landlord hereby consents to Tenant locating such Fire Safes within the Premiseslicensed subcontractors.
Appears in 1 contract
Sources: Lease Agreement (Technology Service Group Inc \De\)
Use. The Premises demised premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be necessary in conducting the Basic Lease Provisionsbusiness of Tenant. The Premises Except as currently being conducted, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, not to be unreasonably withheld. Tenant shall be used in compliance at its own cost and expense obtain any and all licenses and permits necessary for any such use. To the extent known by Tenant, Tenant shall comply with all deed restrictions as may affect the premises and all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises premises, and, subject to Tenant's right to reasonably contest same, 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 unlawful odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a legal nuisance. Without Landlord's prior written consent, not to be unreasonably withheld, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (explosive or highly inflammable, except as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementcurrently being conducted. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance Texas State Board of any sprinkler Insurance or other insurance authority to disallow any credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse fire and extended coverage insurance premiums paid by Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise is caused by Tenant’s 's use and/or and occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationpremises, or going out of business sale on if Tenant vacates the Premisespremises and causes an increase in such premiums, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay as additional rental the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease Agreement (Carlyle Golf Inc)
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all lawsgeneral office, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants banking and restrictions now or hereafter applicable to the Premisesother related purposes incident thereto, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit the Premises to be used for any other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, which will not be unreasonably withheld. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof; provided, however, that Tenant shall not be required to make any structural alterations or improvements to the Premises unless such alterations or improvements are required solely as a result of any other alterations or improvements to the Premises made by Tenant. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond first class repair and appearance. Tenant shall not place a load upon the existing capacity Premises exceeding the average pounds of live load per square foot of floor area specified in the Building by ▇▇▇▇▇▇▇▇'s architect with the partitions to be considered a part of the Project live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as proportionately allocated to distribute properly the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Premises based upon Tenant’s Share Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as usually furnished to eliminate such vibration or noise. Tenant shall be responsible for the Permitted Use. Landlord acknowledges that Tenant intends all structural engineering required to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesdetermine structural load.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of storage of wireless communication products and accessories and/or receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the Basic Lease Provisionsfloor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. The Premises shall not be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice all as may be amended from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction time to be a violation of a Legal Requirementtime. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises to be used for any unlawful purpose. by Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Commencement Date shall be subject to all obligations of Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesunder this Lease.
Appears in 1 contract
Sources: Lease Agreement (Brightpoint Inc)
Use. The Premises premises shall be used solely only for the Permitted Use set forth in purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the Basic Lease Provisionswashing thereof at any time, is prohibited without Landlord's prior written consent. The Premises Tenant shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises 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, Tenant's use of 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, not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise occupies space is caused by Tenant’s 's use and/or and occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationpremises, or going out of business sale on if Tenant vacates the Premisespremises and causes an increase in such premiums, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay as additional rental the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease Agreement (Microage Inc /De/)
Use. The (a) Tenant covenants that the Demised Premises will not be used so as to adversely interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to adversely interfere with the quiet enjoyment of the other tenants of their respective demised portions of the Building. Landlord shall be the sole judge on the question of noise, noxious fumes and odors, which judgment shall be exercised reasonably by Landlord. Notwithstanding the foregoing, Landlord acknowledges that the normal and customary operation of a semi-conductor business as currently conducted shall not be deemed to adversely interfere with other tenants in the Building or create noise, noxious fumes or odors which adversely interfere with other tenants' quiet enjoyment of their respective demised portions of the Building.
(b) Tenant shall provide and maintain, at its expense, the hand-held fire extinguishers that are required to be maintained in Demised Premises by the governmental agency having jurisdiction over this matter.
(c) Tenant shall not obstruct or encumber, or cause to be obstructed or encumbered, the sidewalks, area ways or other public portions of the Real Property, without limitation, the parking area, driveways and access areas adjacent to the Demised Premises and used solely in conjunction therewith; nor shall Tenant use same nor permit same to be used for any purpose other than ingress and egress to and from the Demised Premises. However, Tenant may use, on an exclusive basis together with Landlord, the loading area appurtenant to the Demised Premises for loading and unloading. In exercising Landlord's right to use the aforementioned loading area, Landlord shall provide Tenant with prior notice of such entry (except in the event of an emergency), and shall use commercially reasonable efforts to (i) minimize interference with the conduct of Tenant's business at the Demised Premises, and (ii) avoid damaging any of Tenant's property located therein. Tenant shall not store any materials, goods or other items outside the building or the Demised Premises including, without limitation, inventory, furniture or equipment, except that Tenant shall have the right to store equipment and materials within the outdoor storage area currently being utilized by Tenant at the Real Property, subject to compliance with all applicable laws, codes, ordinances, rules and regulations applicable with respect to such storage. Notwithstanding anything to the contrary contained in this lease, Landlord agrees that Tenant's employees shall have the right to store bicycles for their personal use either within the Demised Premises or in a bicycle storage area outside of the Building in a location designated by Landlord.
(d) Tenant shall, at its own cost and expense, procure all necessary certificates, permits, orders or licenses which may be required for the Permitted Use conduct of its business by any governmental statute, regulation, ordinance or agency and that all governmental requirements relating to the use or uses of the Demised Premises by the Tenant shall be complied with by the Tenant at its own cost and expense.
(e) Tenant agrees that the value of the Demised Premises and the reputation of the Landlord will be seriously injured if the Demised Premises are used for any obscene or pornographic purposes or if any obscene or pornographic material is permitted in the Demised Premises. Tenant further agrees that Tenant will not knowingly or intentionally permit any of these uses by Tenant or a sublessee or assignee of the Demised Premises. This Paragraph shall directly bind any successors in interest to Tenant. Pornographic material is defined for purposes of this Paragraph as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in Penal Law Section 235.00.
(f) Notwithstanding anything to the contrary contained herein, Landlord shall permit Tenant to (i) install on the roof of the Building in a location mutually acceptable to Landlord and Tenant (it being acknowledged and agreed that, in any event, such location must be directly over the Demised Premises) (the "Approved Roof Area"), equipment to be used in connection with Tenant's business operations at the Demised Premises (the "Equipment"); (ii) use riser and unobstructed, secure shaft space from points of entry in the Building to the Demised Premises, as reasonably designated by Landlord; (iii) use unobstructed, secure shaft space from points of entry in the Building to gain access to the Building switch gear and Tenant's uninterrupted power supply; and (iv) access the Approved Roof Area at all times as reasonably necessary for purposes of installing and maintaining the Equipment. Except in the event of an emergency, with respect to the exercise by Tenant of the rights set forth in this Paragraph 5l(f) and/or the Basic Lease Provisionsrights set forth in Paragraph 45(a) above, Tenant agrees to provide Landlord with prior written notice of any intended access to the Approved Roof Area and Landlord shall have a reasonable opportunity to arrange for a representative of Landlord to accompany Tenant during any access to the Approved Roof Area. The Premises Tenant, at its sole cost and expense, shall be used in compliance with all lawssolely responsible for the installation, ordersexistence, judgmentsmaintenance, ordinancesrepair, regulationsreplacement and removal of the Equipment, codesunless such maintenance, directives, permits, licenses, covenants repair or replacement is necessitated by the negligence or willful misconduct of Landlord. Tenant agrees to keep and restrictions now or hereafter applicable to maintain the PremisesApproved Roof Area affected by the Equipment watertight and free ofleaks, and to the extent Tenant has knowledge (which knowledge may result from written notice received from Landlord), or is reasonably expected to know, that the Approved Roof Area is in need of repair, same shall be undertaken at Tenant's sole cost and expense. In no event shall any such installation(s) by Tenant void or in any way diminish any warranty on the roofin favor of Landlord. At Landlord's election, Tenant shall be required to remove the Equipment at the expiration or sooner termination of this lease and to restore the Approved Roof Area to the condition in which it existed prior to any such access or installation by Tenant. The parties acknowledge and agree that the Approved Roof Area and the Equipment are and are intended to be the same "Approved Roof Area" and "Equipment" described in the 10,217 SF Lease.
(g) Landlord covenants that Tenant shall have access to and use of the Demised Premises twenty-four (24) hours per day, seven (7) days per week. In addition, Tenant shall have, at all times, access to all common areas of the Building as may be necessary to insure Tenant has electricity and access to HVAC services at the Demised Premises during such times; provided, however, that Landlord shall have the right, at its option and in its sole discretion, to have a representative of Landlord accompany Tenant during any such period of access to the roof and/or the Building systems.
(h) Landlord acknowledges and agrees that, during the Term, Landlord shall not seek to change or modify the zoning classification of the Building and/or the certificate of occupancy thereoffor the Building in a manner which will materially and adversely affect Tenant's current use of the Demised Premises (as set forth in Paragraph 2 of this lease).
(i) Tenant, at its sole cost and expense (but without any additional Rent being payable to Landlord with respect thereto), shall have the right to install a security booth (the "Security Booth") on the first floor of the Building provided (1) the Security Booth shall be in a location to be indicated on Exhibit A-1 attached hereto, (2) the type and location of furniture to be used in the Security Booth shall be subject to Landlord's sole discretion, and (3) any such installation and maintenance of the Security Booth shall be subject to compliance with all applicable laws, ordinances, codes, rules and regulations and otherwise in compliance with the terms and conditions of this Lease, including, without limitation, Article 45 hereof. Landlord shall provide Tenant with specifications for seating of guests in the Americans With Disabilities Act, 42 U.S.C. § 12101, et seqarea adjacent to the Security Booth. (together with The parties acknowledge and agree that the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” Security Booth is and each, a “Legal Requirement”). is intended to be the same "Security Booth" as described in the Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority Leases (as defined hereinafter defined) and in Section 9) having jurisdiction to no event shall Tenant be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceentitled, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterTenant Leases, Tenant shall not, without to more than the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesone (1) Security Booth described herein.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the (A) Tenant may use and occupancy thereof, including, without limitation, occupy the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with Premises for general office and warehouse use and such other uses as are conducted thereon as of the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)date hereof. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will may also use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery other lawful purposes similar to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without those stated above with the prior written consent of Landlord. Except as Tenant shall not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Building, materially impair the value of the Building and Premises or any part thereof or materially increase the dangers, or pose unreasonable risk of harm, to third parties (on or off of the Premises) arising from activities thereon. Tenant will pay all extra insurance premiums which may be provided under caused by the Work Letter, use which Tenant shall not, without make of the prior written consent Premises. Tenant will not in any manner deface or injure the Building or any part thereof or overload the floors of Landlord, use the Premises. Tenant will not do anything or permit anything to be done upon the Premises in any manner which will require ventilationway tending to create a public or private nuisance, air exchange, heating, gas, steam, electricity or water beyond tending to disturb any other tenant in the existing capacity Building or the occupants of neighboring property or tending to injure the reputation of the Project as proportionately allocated Building or commit waste thereon. Tenant will promptly and fully comply with all governmental, health and police requirements and regulations respecting its use of the Premises. Tenant will not use the Premises for lodging or sleeping purposes or for any immoral or illegal purposes. Tenant shall not conduct nor permit to be conducted on the Premises any business which is contrary to any of the laws of the United States of America or of the State of Illinois or which is contrary to the Premises based upon Tenant’s Share as usually furnished for ordinances of the Permitted UseCity of Elgin. Landlord acknowledges that Tenant intends to locate shall not at least 4any time manufacture, but up to 8sell, Fire Safes within or give away, and shall not at any time permit the manufacture, sale, or gift of any spirituous, fermented, intoxicating or alcoholic liquors or controlled substances on the Premises, each except that the foregoing shall not be deemed to prohibit the occasional use of which may weigh approximately 900 pounds plus alcoholic beverages for entertainment purposes, so long as Tenant has in full force and effect (and delivered to Landlord a certificate of insurance therefor) a policy of host liquor liability or dram-shop insurance in form and amounts at all times reasonably satisfactory to Landlord. Tenant shall not at any time sell, purchase or give away, or permit the weight sale, purchase or gift of, food in any form on the Premises, except for coffee service and vending machines for its employees or as otherwise permitted by rules and regulations. The foregoing use prohibitions shall be deemed to apply to any subtenant or assignee of Tenant without requirement of further or additional notice.
(B) Tenant agrees that it will not use, handle, generate, treat, store or dispose of, or permit the handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises now or at any future time during the Term of the contentsLease in violation of applicable laws and will indemnify, defend and save Landlord harmless from any and all actions, proceedings, claims, costs, expenses and losses of any kind, including, but not limited to, those arising from injury to any person, including death, damage to or loss of use or value of real or personal property, and costs of investigation and cleanup arising as a result of the use of Hazardous Materials on the Premises by Tenant or its subtenants and assigns during the Term hereof. The term “Hazardous Materials”, when used herein, shall include, but shall not be limited to, any substances, materials or wastes to the extent quantities thereof are regulated by the City of Elgin or any other local governmental authority, the State of Illinois, or the United States of America because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including asbestos and including any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended, 49 C.F.R. 172.101, or in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. subsections 9601 et seq., or the Resources Conservation and Recovery Act, as amended, 42 U.S.C. subsections 6901 et seq., or any other applicable governmental regulation imposing liability or standards of conduct concerning any hazardous, toxic or dangerous substances, waste or material, now or hereafter in effect. Tenant does hereby indemnify, defend and hold harmless the Landlord hereby consents and its agents and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees and Landlord’s lender or lenders holding a mortgage on the Property from all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (including reasonable attorneys’ and consultants’ fees) arising by, through or under Tenant, its agents, subtenants, assigns, employees, contractors, servants and invitees and out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, or from Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities. Landlord agrees and acknowledges that the foregoing indemnity by Tenant locating does not apply to any liability arising from the acts or omissions of Landlord or other Tenants or occupants of the Building or the agents or employees of any of the foregoing. Tenant’s obligations and liabilities under this paragraph shall survive the expiration of the Term of this Lease. Tenant acknowledges that it has had ample opportunity to inspect the Premises and perform any environmental assessments it considers appropriate to determine the environmental condition of the Premises, that Tenant has not relied on any representation of the Landlord regarding such Fire Safes within condition, and that Tenant has consulted its own experts and independently satisfied itself regarding the environmental condition of the Premises.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises Santa ▇▇▇▇▇▇ area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City of Santa ▇▇▇▇▇▇ or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
Appears in 1 contract
Sources: Office Lease (Ziprecruiter, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth in stated on the Basic Lease ProvisionsData Sheet and for such other lawful purposes as may be incidental thereto. The Premises Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord’s prior written consent. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for Tenant’s Use prior to the Commencement Date. Further, Tenant shall be used in compliance responsible for ensuring that the Use is an allowable use under the zoning code of the City of Plymouth, as the same may be amended from time to time, it being understood and agreed that the fact that the Use is not allowed shall not excuse Tenant’s full payment and performance under this Lease. Landlord makes no representations or warranties of any kind or nature that the Use is a permitted use under the zoning code of the City of Plymouth or any other governmental entity or agency with jurisdiction over the Building. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisance in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant’s sole expense. Tenant shallshall not receive, upon 5 days’ written notice from Landlord, discontinue any use of store or otherwise handle on the Premises which any product, material or merchandise that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) that would void Tenant’s or Landlord’s insurance, increase render the insurance risk, on the Building or the property on which the Phase is located (“Property”) void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse fire and extended coverage insurance premiums paid by Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Building is caused by Tenant’s use and/or and occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay to be installed in Landlord the Premises so amount of such increase, within ten (10) days after written demand therefor, as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesAdditional Rent.
Appears in 1 contract
Sources: Lease Agreement
Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the permitted use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9Paragraph 1(h) having jurisdiction to be a violation of a Legal Requirementhereof). Tenant will not occupy or use the Premises, or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part portion of the Premises to be occupied or used as a “place for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of public accommodation”fire, as defined nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy event that, by reason of acts of Tenant’s failure to comply with , there shall be any increase in the provisions rate of this Section insurance on the Building or otherwise caused contents created by Tenant’s use and/or occupancy acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the Premisesamount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Tenant will use conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a carefulclean, healthful and safe and proper manner condition and will not commit comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or permit wastebodies having any jurisdiction thereof) with reference to use, overload the floor condition or structure occupancy of the Premises, subject the Premises . Tenant’s obligation to use that would damage the Premises or obstruct or interfere comply with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of all laws specifically includes any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises and all laws relating to be used for any unlawful purposeenvironmental hazards and to accessibility by persons with disabilities. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall will not, without the prior written consent of Landlord, use paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to foregoing items in the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that preceding sentence, Tenant intends to locate will maintain such permitted items in good condition and repair at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesall times.
Appears in 1 contract
Use. The Premises shall only be used solely for general office use consistent with the Permitted Use set forth operation of a first-class office building in the Basic Lease Provisions. The Premises B▇▇▇▇▇▇ Hills area (the “Specified Use”) and for no other purposes, without Landlord’s prior written consent, which consent shall be used in compliance Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with all lawsthose customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or hereafter applicable medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue all or any use portion of the Premises which is declared by for any Governmental Authority (as defined purpose in Section 9) violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be a violation done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of a Legal Requirementother tenants or occupants of the Building, or injure or annoy them. Tenant will shall not use or permit allow the Premises to be used for any purpose pornographic or in any manner that would void Tenant’s violent purposes, nor shall Tenant cause, commit, maintain or Landlord’s insurance, increase permit the insurance risk, or cause the disallowance continuance of any sprinkler nuisance or other creditswaste in, on or about the Premises. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity that in Landlord’s reasonable judgment would adversely affect or water beyond the existing capacity interfere with any services Landlord is required to furnish to Tenant or to any other tenant or occupant of the Project as proportionately allocated to Building, or that would interfere with or obstruct the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each proper and economical rendition of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating any such Fire Safes within the Premisesservice.
Appears in 1 contract
Use. The Premises shall be used solely for office purposes (the “Permitted Use set forth Use”) and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. If there shall be any increase in the Basic Lease Provisions. The cost of insurance coverage with respect to the Building which results from Tenant’s particular acts or particular conduct of business (and not the mere use of the Premises for office purposes), then such acts shall be used deemed to be a default hereunder and Tenant hereby agrees to pay the amount of such increase on demand. Acceptance of such payment shall not constitute Landlord’s waiver of such default or of any of Landlord’s rights or remedies hereunder. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in compliance such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter applicable regulations of any governmental entity with reference to the Premisesuse, and to the use and occupancy thereofinterior, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use non-structural condition or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant Tenant, at its expense, will use comply with the Premises in a careful, safe rules and proper manner regulations of the Building adopted and altered by Landlord from time-to-time (provided any future rules or alterations thereof are reasonable and non-discriminatory) and will cause all of its agents, employees, invitees and visitors to do so. A copy of the existing rules and regulations is attached hereto as Exhibit “H” and made a part hereof. Tenant agrees not to commit or permit waste, overload the floor or structure allow any waste to be committed on any portion of the Premises, subject and at the termination of this Lease to deliver up the Premises to use that would damage Landlord in as good a condition as at the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the ProjectCommencement Date, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, ordinary wear and Landlord hereby consents to Tenant locating such Fire Safes within the Premisestear excepted.
Appears in 1 contract
Use. The 9.1. Tenant shall use the Premises shall be used solely for the Permitted Use purposes set forth in Section 2.7 (or any one, or any combination of, such purposes), and shall not use the Basic Lease ProvisionsPremises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
9.2. The Tenant shall not use or occupy the Premises shall in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildings, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises if such use is in violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be used a violation of any of the above. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in compliance with the making by Tenant of the any Alterations to the Premises): (a) all laws, present and future orders, judgmentsregulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any orders, regulations, codesdirections, directivesrules, permitslaws, licensesordinances or requirement that it is contesting in accordance with this Section 9.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, covenants by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all safety, fire protection and restrictions now evacuation procedures and regulations established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or hereafter applicable other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
9.3. Tenant shall not do or permit to be done anything that will invalidate the cost of any fire, environmental, extended coverage or any other insurance policy covering the Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article.
9.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
9.5. No awnings or other projections shall be attached to any outside wall of the Buildings in violation of any Applicable Laws.
9.6. Tenant shall, at Tenant’s sole cost and expense, have the right to install legally permitted signage on the Premises (including any building thereon) (“Signage”), which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall keep the Signage in good condition and repair. The size, design, and other physical aspects of any sign shall be subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the use permitting, installation, maintenance and occupancy thereofremoval thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), includingor if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Buildings and any other portions of the Buildings that Landlord reasonably determines in good faith shall be painted so that repainting the damaged portion of the Buildings does not adversely affect the visual appearance of the Buildings, if required by Landlord), Landlord may do so at Tenant’s expense. Tenant shall reimburse Landlord within twenty (20) days after written demand for all reasonable costs incurred by Landlord to effect such maintenance, removal or repair, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to such existing signage, so long as such repairs and replacements: (a) are consistent with the size, design, quality and other physical aspects of the existing signage, (b) are in compliance with Applicable Laws, (c) are paid for at Tenant’s sole cost and expense, and (d) do not adversely affect the visual appearance of the Buildings. In addition, Tenant shall have the right to incorporate its company logo and trademarks as part of the design of its Signage.
9.7. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Buildings without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Buildings, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof.
9.8. Tenant shall not (a) use or allow the Premises to be used for unlawful purposes or (b) cause, maintain or permit any waste in, on or about the Premises.
9.9. Notwithstanding any other provision herein to the contrary but subject to Section 9.2 hereof, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance during the Term of the Premises with the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, the “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease (Arena Pharmaceuticals Inc)
Use. (a) The Premises shall be used solely for the Permitted Use set forth in and for no other purpose. No retail sales may be made from the Basic Lease ProvisionsPremises (other than incidental retail sales from a showroom area). The Tenant shall not use the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be used in compliance solely responsible (at Tenant's sole cost and expense) for complying with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter laws applicable to ITS use, AND occupancy of the Premises, and to the use and including without limitation obtaining all required building permits and/or certificates of occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)FOR THE PREMISES. Tenant shallshall not permit any objectionable or unpleasant odors, upon 5 days’ written notice smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take any other action that would in Landlord's sole judgment constitute a nuisance or would disturb, discontinue unreasonably interfere with, or endanger Landlord or any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or other person; nor permit the Premises to be used for any purpose or in any manner that would (1) void Tenant’s or Landlord’s insurancethe insurance thereon, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler or other credits. Tenant shall not permit pay to Landlord on demand any part increase in the cost of any insurance on the Premises or the Building incurred by Landlord which is caused by Tenant's use of the Premises to be used as a “place of public accommodation”, as defined in or because Tenant vacates the ADA or any similar legal requirementPremises IN VIOLATION OF THIS LEASE. Tenant shall reimburse Landlord promptly upon demand agrees not to use or permit the use of the Premises for any additional premium charged for any purpose which is illegal or dangerous to life, limb or property;
(b) Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such insurance policy by reason of Tenant’s failure a manner as not to interfere with, annoy or disturb other tenants or Landlord. Tenant will maintain the Premises in a clean and healthful condition, and comply with the provisions all laws, ordinances, orders, rules and regulations of this Section or otherwise caused by Tenant’s any governmental entity with reference to ITS use and/or AND occupancy of the Premises. Tenant Tenant, at his expense, will use comply with the Premises in a careful, safe rules and proper manner regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. ANY FURTHER REVISIONS OF THE RULES AND REGULATIONS SHALL APPLY UNIFORMLY TO ALL TENANTS IN THE BUILDING AND SHALL BE UNIFORMLY ENFORCED. A copy of the existing rules and regulations is attached hereto as EXHIBIT "E" and made a part hereof. Tenant agrees not to commit or permit waste, overload the floor or structure allow any waste to be committed on any portion of the Premises, subject and at the termination of this Lease to deliver up the Premises to use that would damage Landlord in as good condition as at the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the ProjectCommencement Date, including conducting or giving notice of any auctionordinary wear and tear excepted, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesAND SUBJECT TO THE PROVISIONS OF THE LEASE CONCERNING DAMAGE AND CASUALTY.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Use. The Premises may be used only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes in accordance with the applicable zoning requirements and ordinances. Notwithstanding the foregoing, Tenant may use the premises for limited and occasional retail purposes provided (a) such use may not violate any applicable laws, zoning ordinances or other rules or regulations and (b) Tenant must be the only tenant in the Building. If there is ever another tenant in the Building, retail use of any type must be approved in writing by Landlord using commercially reasonable judgment. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, provided Tenant may park trucks, trailers, and other vehicles in the truck court or other areas designated by Landlord for trailer storage, subject to the fooling requirements: (i) all trucks, trailers and other vehicles shall be used solely parked in an organized manner with a neat appearance; (ii) no vehicle shall remain parked at the Premises for the Permitted Use set forth in the Basic Lease Provisions. The Premises more than one week; (iii) Tenant shall be used in compliance comply with all applicable rules, regulations and laws, ordersincluding all local zoning ordinances that relate to the parking of vehicles at the Premises; (iv) Tenant shall not permit the parking of vehicles, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now trucks or hereafter applicable trailers on any streets or access routes to the Premises, ; and (v) Tenant shall comply with the reasonable rules and regulations of Landlord relating to parking and ingress and egress to the use Premises. Tenant shall at its own cost and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” expense obtain any and each, a “Legal Requirement”)all licenses and permits necessary for Tenant's operations. Tenant shall, upon 5 days’ written notice at Tenant's sole expense, promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises and related to Tenant's use or occupancy thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from Landlordthe Premises, discontinue nor allow pests or vermin in the Premises nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Project or unreasonably interfere with their use of the Premises their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterUpon obtaining actual knowledge, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity immediately notify Landlord of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each presence of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within any prohibited items on or around the Premises.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used , and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy Occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 7 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease Agreement (Genvec Inc)
Use. The Tenant shall use the Premises for general business office and internet broadcast purposes and uses incidental thereto, and shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to not use the Premises, and or permit or suffer the Premises to be used for any other purpose without the use and occupancy thereofwritten consent of Landlord, includingwhich consent will not be unreasonably withheld, without limitationdelayed, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)or conditioned. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, or any master lease underlying the Premises which Tenant has been notified, and shall, upon 5 days’ five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a in violation of a Legal Requirementlaw or of said certificate of occupancy or ground lease. Tenant will not shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsoccupation thereof. Tenant shall not do or permit to be done anything which will invalidate, restrict or increase the cost of any part fire, "All-Risk", extended coverage or other insurance policy covering the Building and/or property located therein, and shall comply with all rules, orders, regulations and requirements of the Premises to be used Insurance Service Offices, formerly known as a “place of public accommodation”the Pacific Fire Rating Bureau, as defined in the ADA or any other organization performing a similar legal requirementfunction. Tenant shall shall, promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged to Landlord for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy Paragraph 8, and upon such payment, shall not be in breach of the Premisespreceding sentence. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure or annoy them, or using use or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance in, on or machinery to be installed in about the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery waste in, on or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within about the Premises.
Appears in 1 contract
Sources: Office Lease (Loudeye Corp)
Use. (a) The Premises shall be used solely only for the Permitted Use purpose set forth in Item 18 of the Basic Lease ProvisionsProvisions and for reasonable and customary uses ancillary thereto, and shall not be used for any other purpose. The Landlord shall have the right to deny its consent to any change in the permitted use of the Premises in its sole and absolute discretion.
(b) Outside storage including, without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all reasonable requirements of Landlord’s insurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the Property, or unreasonably interfere with such other tenants’ use of their respective space. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable.
(c) If any Legal Requirement shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be used responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building and/or the Premises is determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Property as of the Commencement Date and such non-compliance is not related to Tenant’s particular use or occupancy of the Premises, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property and/or the Premises required by such governmental agencies so that the Property and/or the Premises complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, ordersstatutes, judgmentsbuilding and zoning codes, ordinances, regulationsand governmental orders, codesconditions of approval, directivesrules and regulations (including, permitsbut not limited to, licensesTitle III of the Americans With Disabilities Act of 1990), covenants as well as the same may be amended and restrictions now or hereafter applicable supplemented from time to the Premises, and to the use and occupancy thereoftime, including, without limitation, all Legal Requirements that pertain to the Americans With Disabilities Actbuilding structure. Notwithstanding the foregoing sentence, 42 U.S.C. § 12101if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (excluding the Premises), et seq. which require Landlord to make capital expenditures or repairs to the Property (together with excluding the regulations promulgated pursuant thereto, “ADA”Premises) (collectively, “Legal Requirements” and each, a “New Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined tenants in the ADA or Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any similar legal requirement. Tenant shall reimburse “grandfather” provisions pertaining thereto), Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure agrees to comply with maintain the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of Property (except the Premises. Tenant will use the Premises ) in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere compliance with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesall Legal Requirements.
Appears in 1 contract
Use. The Premises Sublessee shall be used solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a carefulfor general office, safe manufacturing and proper manner assembly and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or for no other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators purpose without the prior written consent of LandlordSublessor. Except as may Sublessee's business shall be provided under established and conducted throughout the Work Letterterm hereof in a first class manner, Tenant Sublessee shall not, without the prior written consent of Landlord, 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 to or suffer anything to be done upon the Premises that will cause structural injury to the Premises or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate or shake the Premises of the building of which it is a part. No use shall be made of the Premises which will require ventilationin any way impair the efficient operation of the sprinkler system (if any) without the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, air exchange, heating, gas, steam, electricity or water beyond any noise making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any part hereof for any purpose which will increase the existing capacity rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Project as proportionately allocated Premises by Sublessee shall 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 Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends exercise of any other rights or remedies, or constitute a waiver of Sublessor's right to locate at least 4, but up require Sublessee to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating discontinue such Fire Safes within the Premisesact or use.
Appears in 1 contract
Sources: Sublease (Rockford Corp)
Use. The Premises Tenant shall be used use the Leased Land solely for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants planting and restrictions now or hereafter applicable to the Premises, harvesting of crops and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not(a) follow sound, prudent and recognized practices when farming the Leased Land and follow generally recommended and customary farming practices so as to allow for continued use of the Leased Land for farming purposes during and after expiration or termination of the lease term, (b) keep the Leased Land free from foul and obnoxious weeds in accordance with all applicable weed laws, rules, and regulations, (c) conduct all farming operations on the Leased Land in a good husband-like manner and in a manner that will promote good soil maintenance and use for agricultural purposes, (d) maintain complete and proper written records regarding the date(s) of application of fertilizer and other substances to the soil on the Leased Land and the type, nature, concentration, location and quantities of the fertilizer or substance so applied and provide such records to Landlord upon request therefore, (e) not commit waste on the Leased Premises, (f) abide by and observe appropriate conservation measures in regards to the Leased Land, (g) obey all rules and regulations promulgated by the State of Wisconsin and any other governmental agency or authority having jurisdiction over the Leased Land and the activities of Tenant and operation of Tenant’s business on the Leased Land, and (h) keep the Leased Land in a safe condition at all times. It is expressly understood and agreed that Tenant shall not commit the Leased Land to the CRP Program or any set aside or other governmental program without the prior written consent of Landlord. Tenant shall be responsible for obtaining any and all licenses, permits and approvals necessary for Tenant's use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated Leased Land. Unless otherwise directed by Landlord, Tenant shall not remove any fodder, stubble, cornstalks or other organic material from the Leased Land upon completion of Tenant’s harvest. Notwithstanding anything herein to the Premises based upon Tenant’s Share as usually furnished contrary, Landlord reserves the right for the Permitted Use. Landlord acknowledges that Tenant intends City of Whitewater to locate at least 4, but up apply municipal sludge to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight any portion of the contentsLeased Land after the crop has been harvested, and Landlord hereby consents to Tenant locating such Fire Safes within and/or before the Premisesnext crop is planted.
Appears in 1 contract
Sources: Cash Farm Lease
Use. The Tenant shall use and occupy the Premises shall be used solely only for the Permitted Use Uses set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesSection 1.01(e) hereof, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)for no other purposes. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit the Premises or any portion thereof to be used for any purpose other than the Permitted Uses or for any unlawful purpose or in any manner unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that would void Tenant may enter into contracts or subleases with third party vendors of Tenant’s or Landlord’s insurance, increase choice for the insurance risk, or cause purpose of operating any of the disallowance of any sprinkler or other creditsfacilities referred to in the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in the Premises, nor bring or keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Premises to Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be used as a “place of public accommodation”, as defined any increase in the ADA rate of insurance on the Building or any similar legal requirementits contents, Tenant hereby agrees to pay such increase. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section not do anything in or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use about the Premises and/or Project which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place permit any machinery nuisance in, on or equipment weighing 500 pounds about the Premises. Tenant shall not commit or more suffer to be committed any waste in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of general office, bonded warehousing (if allowed by the Basic Lease Provisions. The Premises shall be used in compliance with all lawsappropriate governmental authorities) light manufacturing, ordersreceiving, judgmentsstoring, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, as defined by current Dade County zoning ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereoffor such other lawful purposes as may be incidental thereto. Outside storage, including, without limitation, the Americans With Disabilities Acttrucks and other vehicles, 42 U.S.C. § 12101, et seqis prohibited without Landlord's prior written consent. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)Landlord agrees that Tenant may park or store trucks at its own truck loading areas. Tenant shall, upon 5 days’ written notice from Landlordat its own cost and expense, discontinue 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 Premises, whether of federal, state or local origin, 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 nearby buildings in which their premises are situated, 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive, highly flammable or environmentally dangerous, hazardous or sensitive. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including, without limitation, any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, therein void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other creditstenant(s) is caused by Tenant's use or Tenant's vacation of the Premises, then Tenant shall pay as additional rental, the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall not permit hold harmless Landlord from any part loss, liability and expenses, both real and alleged, arising out of the Premises to be used as a “place of public accommodation”, as defined in the ADA such damage or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy repair caused by reason of Tenant’s 's negligence or failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesParagraph.
Appears in 1 contract
Use. The (a) Tenant shall occupy and use the Premises shall be used solely only for the Permitted Use set forth specified in Section l(i) above, and pursuant to the Basic Lease ProvisionsBuilding Rules (as defined hereunder). The Without limiting the generality of the foregoing, Tenant shall not use the Premises shall be used in compliance for any retail sales. Tenant has reviewed and investigated the Building and the Property, and Tenant has determined, on its own judgment, that the Premises are suitable for Tenant’s Use. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents (as defined below) have made any representation or warranty of any kind with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable respect to the Premises, and the Building or the Property that Tenant’s intended Use is permitted under applicable East Whiteland Township zoning ordinances or regulations with respect to the Property and Tenant waives any implied warranty of Landlord of suitability or fitness of the Premises, Building or the Property for the Use or for any other particular intended commercial purpose, except as expressly set forth in this Lease. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant and its employees, agents and invitees may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms of this Lease, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time, in Landlord’s reasonable discretion upon written notice to Tenant. In the event of any conflict between the terms of the Building Rules and the terms of this Lease, the terms of this Lease shall control. Excepting any initial occupancy thereofpermit(s) from East Whiteland Township which, to the extent required by any Law (as defined below), shall be Landlord’s obligation to obtain as part of the Landlord’s Work, Tenant shall be responsible, at its sole cost and expense, to obtain all required permits and approvals required by East Whiteland Township and all permits and licenses required by the Commonwealth of Pennsylvania for Tenant’s Use including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with operation of its business and the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue construction or installation of any use of the Premises which is declared by any Governmental Authority Alterations (as defined in Section 9below) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises installed by or on behalf of Tenant, but the failure of Tenant to be used for obtain any purpose or in any manner that would void Tenant’s or Landlord’s insuranceall such licenses, increase permits and approvals shall not affect the insurance risk, or cause the disallowance validity of any sprinkler or other creditsthis Lease. Tenant shall not permit any part of the Premises be responsible, at its sole cost and expense, to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of confirm Tenant’s failure to comply with the provisions Use is permitted under all applicable zoning codes and ordinances of this Section or otherwise caused by East Whiteland Township, but if Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises Use is not permitted by right, this Lease shall remain in a carefulfull force and effect, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place apply for any machinery zoning change or equipment weighing 500 pounds or more variance without Landlord’s written consent, in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter’s sole discretion, and if Landlord consents, Tenant shall notbe responsible, at its sole cost and expense, for applying for and pursuing such zoning relief. For purposes of this Lease, “Agents” of a party means such party’s employees, agents, servants, representatives, independent contractors, subcontractors, designees or licensees and in the case of Landlord only, shall include without the prior written consent of Landlordlimitation, use the Premises in any manner which will require ventilationWorkspace Property Management, air exchangeL.P., heatingWorkspace Property Trust, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contentsL.P., and Landlord hereby consents to Tenant locating such Fire Safes within the Premisesany other associated or affiliated entity.
Appears in 1 contract
Sources: Lease Agreement (Ocugen, Inc.)
Use. The Tenant shall use the Premises for general office purposes and other --- purposes as are permitted under the present I-4 zoning of the Property, and shall not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, regulation or ordinance, or of the certificate of occupancy issued for the Permitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premisesbuilding, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, shall immediately discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a Legal Requirementlaw of said certificate or occupancy. Tenant will not shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or permit occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to be used for any purpose the use or in any manner that would void Tenant’s or Landlord’s insurance, increase occupation of the insurance risk, or cause the disallowance of any sprinkler or other creditsPremises. Tenant shall not do or permit any part of the Premises to be used as a “place done anything which will invalidate or increase the cost of public accommodation”any fire, as defined in the ADA extended coverage or any similar legal requirementother insurance policy covering the Building and/or property located therein. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord as additional rent for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises9. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting Building. Tenant shall not use or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areasnuisance in, or other space in about the ProjectPremises. Tenant shall not place commit or suffer to be committed any machinery or equipment weighing 500 pounds or more waste in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant and shall not, without the prior written consent of Landlord, use keep the Premises in first class repair and appearance. If any manner which will require ventilationpresent or future law, air exchangeordinance, heating, gas, steam, electricity regulation or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished order requires an occupancy permit for the Permitted UsePremises. Landlord acknowledges that Tenant intends shall obtain such permit at Tenant's own expense and shall promptly deliver a copy thereof to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the PremisesLandlord.
Appears in 1 contract
Use. The Premises premises shall be used solely only for the Permitted Use set forth in purpose of receiving, storing, assembling, preparing for sale, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the Basic Lease Provisionswashing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of tractor trailers perpendicular to and abutting Tenant's loading docks is permitted. The Premises Tenant shall be used in compliance 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, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises 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; provided, that Tenant shall not be obligated to correct any failure of -------- Landlord's Work to comply with applicable laws as of the commencement date. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly inflammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise occupies space is caused by Tenant’s 's use and/or and occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationpremises, or going out of business sale on if Tenant vacates the Premisespremises and causes an increase in such premiums, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay as additional rental the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Use. The 10.1. Tenant shall use the Premises shall be used solely for the Permitted Use purposes set forth in Section 2.7 (or any one, or any combination of, such purposes), and shall not use the Basic Lease ProvisionsPremises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. The Tenant shall not use or occupy the Premises shall in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises if such use is in violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be used a violation of any of the above. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in compliance with the making by Tenant of the any Alterations to the Premises): (a) all laws, present and future orders, judgmentsregulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any orders, regulations, codesdirections, directivesrules, permitslaws, licensesordinances or requirement that it is contesting in accordance with this Section 10.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, covenants by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all safety, fire protection and restrictions now evacuation procedures and regulations established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or hereafter applicable other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
10.3. Tenant shall not do or permit to be done anything that will invalidate the cost of any fire, environmental, extended coverage or any other insurance policy covering the Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article.
10.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.5. No awnings or other projections shall be attached to any outside wall of the Building in violation of any Applicable Laws.
10.6. Tenant shall, at Tenant’s sole cost and expense, have the right to install legally permitted signage on the Premises (including any building thereon) (“Signage”), which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall keep the Signage in good condition and repair. The size, design, and other physical aspects of any sign shall be subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the use permitting, installation, maintenance and occupancy thereofremoval thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), includingor if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Building and any other portions of the Building that Landlord reasonably determines in good faith shall be painted so that repainting the damaged portion of the Building does not adversely affect the visual appearance of the Building, if required by Landlord), Landlord may do so at Tenant’s expense. Tenant shall reimburse Landlord within twenty (20) days after written demand for all reasonable costs incurred by Landlord to effect such maintenance, removal or repair, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to such existing signage, so long as such repairs and replacements: (a) are consistent with the size, design, quality and other physical aspects of the existing signage, (b) are in compliance with Applicable Laws, (c) are paid for at Tenant’s sole cost and expense, and (d) do not adversely affect the visual appearance of the Building. In addition, Tenant shall have the right to incorporate its company logo and trademarks as part of the design of its Signage.
10.7. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Building, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof.
10.8. Tenant shall not (a) use or allow the Premises to be used for unlawful purposes or (b) cause, maintain or permit any waste in, on or about the Premises.
10.9. Notwithstanding any other provision herein to the contrary but subject to Section 10.2 hereof, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance during the Term of the Premises with the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, the “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant locating such Fire Safes within the Premises.
Appears in 1 contract
Sources: Lease (Arena Pharmaceuticals Inc)
Use. The Landlord represents to Tenant that Tenant may use the Premises for general business office operations without violating any of the zoning laws applicable to the Building and/or the Site. Tenant shall be used solely use the Premises only for the Permitted Use set forth purposes stated in Item 3 of the Basic Lease Provisions. The Premises shall be used , all in compliance accordance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants applicable laws and restrictions now or hereafter applicable and pursuant to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction approvals to be a violation of a Legal Requirementobtained by Tenant from all relevant and required governmental agencies and authorities. Tenant will not use or permit Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Premises to be used Term, all governmental approvals, licenses and permits required for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason proper and lawful conduct of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s 's permitted use and/or occupancy of the Premises. Tenant will use shall not do or permit anything to be done in or about the Premises which will in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or any way interfere with the rights normal and customary business operations of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, use or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any unlawful purpose. , nor shall Tenant shall cause permit any equipment nuisance or machinery to be installed commit any waste in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the ProjectSite. Tenant shall not place perform any machinery work or equipment weighing 500 pounds conduct any business whatsoever in the Project other than within the Site. Tenant shall not do or more permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildings, the Project and/or their contents (unless Tenant elects to pay such increased costs), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense (except as specifically provided to the contrary in this Lease) with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with the pertinent provisions of the Ground Leases (and the Development Plan referenced therein) and with all present and future covenants, conditions, easements or restrictions now encumbering the Building(s) and/or Site. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the Premises provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance. Notwithstanding the foregoing or transport anything in this Lease to the contrary, Tenant shall not be required to make, and Landlord shall make, all repairs to, modifications of, or move such items through additions to the Building Structure and/or the exterior Common Areas of the Project Site except and to the extent required because of *** Confidential treatment has been requested for the redacted text of this document. The confidential redacted text has been omitted and filed separately with the Securities and Exchange Commission. Alterations made by Tenant or in the Project elevators without the prior written consent Tenant's use of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent all or a portion of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, other than normal and Landlord hereby consents to Tenant locating such Fire Safes within the Premisescustomary business office operations.
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Sources: Lease Agreement (Broadcom Corp)