Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 4 contracts
Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Winsonic Digital Media Group LTD), Lease Agreement (Onsale Inc), Lease Agreement (Channell Commercial Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which that 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; provided, however, that in no event shall Tenant’s Permitted Use in compliance with this Lease be deemed a violation of the foregoing. As of the Commencement Date, Landlord confirms that Tenant’s use of the Premises in accordance with the Permitted Use and all applicable Legal Requirements will not cause an increase in the premiums for the insurance that Landlord is required to maintain under this Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly within 30 days after written notice as Additional Rent 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 PremisesPremises in a manner that is not in compliance with the Permitted Use. 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 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 3 contracts
Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. 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. Subject to Landlord shall be responsible for the compliance of the Common Areas of the Project (but not the Premises) with the Legal Requirements as of the Commencement Date (including compliance of the Common Areas of the Project with Legal Requirements triggered by Landlord’s performance of its obligations Work). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the PremisesPremises or any Tenant Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 PremisesPremises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations.
Appears in 3 contracts
Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this 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 that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Landlord hereby consents to the transport through the Common Areas and the placement within the Premises (in the locations reflected on the Space Plan (as defined in the Work Letter)) of the Tenant equipment reflected in the Space Plan pursuant to its determination that the same, as located as reflected in the Space Plan, is within the structural capacity of the floor of the Premises. 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. Subject Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to Landlord’s performance of its obligations the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the PremisesPremises or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related applicable to Tenant’s specific use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.
Appears in 3 contracts
Samples: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 particular use and/or occupancy of the Premises. Tenant will shall use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises or Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, . Tenant shall not use or using or allowing allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment 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 or Building 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. Tenant shall have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s performance of its obligations obligation to deliver Landlord’s Work in the Work LetterPremises in compliance with applicable Legal Requirements, as provided in Section 2. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related ). Notwithstanding any other provision herein to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Lettercontrary, 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 applicable to Tenant’s use or occupancy the Premises (except to the extent such violations result from a failure of the PremisesPremises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 3 contracts
Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (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 in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, 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. Subject to Landlord shall be responsible, at Landlord’s performance cost and not as part of its obligations Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no cost to Tenant, to reasonably cooperate with Landlord, and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 3 contracts
Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all applicable 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 over Tenant’s operations 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 riskrisk to an unreasonable level, 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 exceeding the floor load capacity 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. Subject to Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 9 Landlord shall, at Landlord’s performance cost and expense, be responsible for the compliance of its obligations in the Work Letter, Building (excluding the Premises and any compliance resulting from the Tenant Improvements all of which costs and expenses shall be the responsibility of Tenant) with Legal Requirements as of the Commencement Date. Tenant, at its sole expense, shall make any improvements, alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s Tenant Improvements, Tenant’s Alterations, and/or Tenant particular use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 caused by Tenant’s failure to comply with any Legal Requirements related to Tenant’s use or occupancy of the Premisesas required herein, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or caused by Tenant’s failure of the Premises to comply with any Legal Requirement as required herein.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the 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 in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, 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. Subject to Landlord shall be responsible, at Landlord’s performance cost, for the compliance of its obligations the Premises (including, without limitation, Landlord’s Work) and the Common Areas of the Project with Legal Requirements as of the Commencement Date (including any non-compliance as of the Commencement Date discovered at a later date during the Term). Commencing on the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 2 contracts
Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 Landlord, conduct or other tenants or occupants of the Project, including conducting or giving give notice of any auction, liquidation, or going out of business sale on the Premises, or using use or allowing allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, 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 Project. Landlord shall cause Landlord’s Work to be completed in compliance with applicable Legal Requirements (including the ADA). Landlord shall, as proportionately allocated an Operating Expense (to the Premises based upon extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s Share expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations otherwise expressly provided in the Work Letterthis paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the Tenant Improvements, Tenant’s use or occupancy of the PremisesPremises or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 the Tenant Improvements, Tenant’s use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth and for no other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Except as would normally be expected from the use of the Premises for the bulk storage and distribution of cosmetic products, 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 other party. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall; provided, upon 5 days’ written notice from Landlordhowever, 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 event be required to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any structural alterations or modifications to the interior Building or the exterior common areas within the Site unless such modifications or alterations are required due to Tenant’s particular use of the Premises. The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or outside the Project Premises, that are required by Legal Requirements (includingRequirements; provided, without limitationhowever, compliance of that Tenant shall not in any event be required to make structural alterations or modifications to the Premises Building or the common areas within the Site unless [***]: Certain information on this page has been omitted and filed separately with the ADA) related Commission. Confidential treatment has been requested with respect to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsomitted portions.
Appears in 2 contracts
Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaselight manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “"Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular 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 would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause . If any increase in the disallowance cost 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises beyond that are cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required by Legal Requirements hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including, including without limitation, compliance commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises with by Tenant occurring prior to the ADA) related Commencement Date shall be subject to the terms and conditions of this Lease, other than any obligation of Tenant to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant’s use or 's obligations hereunder shall relate only to legally required changes to the interior of the Premises after Tenant's occupancy of the Premises. Subject Premises that relate solely to Landlord’s performance the specific manner of its obligations in the Work Letter, 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 use or occupancy of the PremisesPremises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord may be included in Operating Expenses pursuant to Paragraph 6 of this Lease to the extent permitted thereunder, and Tenant shall indemnify, defend, hold and save except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease or due to violations of law by Landlord harmless from and against any and all such Claimsin existence as of the Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements to the extent applicable as a result of Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible subject to all obligations of Tenant under this Lease, except for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes the payment of action, damages Base Rent or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsOperating Expense Payments.
Appears in 2 contracts
Samples: Lease Agreement (Virobay Inc), Lease Agreement (Virobay Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe 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 other party. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any use alterations or modifications, to the Premises, that are required as a result of changes in Legal Requirements after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant’s or Landlord’s insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or other creditsrestrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. Tenant shall not permit If any part increase in the cost of any insurance on the Premises over that applicable 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 Permitted Use 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 the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting Tenant under this Lease other than the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs payment of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsrent.
Appears in 2 contracts
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon Landlord, within 10 days after delivery to Tenant of written demand therefor, for any additional premium actually charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, 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. Subject Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to Landlord’s performance of its obligations the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the PremisesPremises or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith. The cost to obtain any such certification will not be included as part of Operating Expenses, but any cost to maintain such certification in effect shall be includable as part of Operating Expenses.
Appears in 2 contracts
Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)
Use. The Tenant shall use the Leased Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasegeneral office purposes, 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 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 agrees to operate its business in the Leased Premises during the entire Term and to conduct its business in a reputable manner. 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 Letter, standard form of fire insurance policy. 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenantshall, at its sole cost and expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises comply with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demandsrequirements, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting pertaining to the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the 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 indemnifyrestrict the number of employees, defendincluding temporary workers, hold permitted in the Leased Premises to no more than allowed by the prevailing building code at any given time. Tenant shall not place on any floor a load exceeding the floor load per square foot, which such floor was designed to carry. Landlord shall have the right to prescribe the weight, position and save Landlord harmless from manner of installation of safes and against any other heavy equipment and all such Claimsfixtures.
Appears in 2 contracts
Samples: Meadows Corporate Center (Quality Systems Inc), Meadows Corporate Center (Quality Systems Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 particular use and/or occupancy of the Premises. Tenant will shall use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises or Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, . Tenant shall not use or using or allowing allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment 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 or Building 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. Tenant shall have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s performance of its obligations obligation to deliver Landlord’s Work in the Work LetterPremises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related ). Notwithstanding any other provision herein to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Lettercontrary, 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 applicable to Tenant’s use or occupancy the Premises (except to the extent such violations result from a failure of the PremisesPremises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Samples: License Agreement (Sigilon Therapeutics, Inc.), License Agreement (Sigilon Therapeutics, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 including an electroplating process provided such process emits no unreasonably noxious fumes or odors. 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 thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the basic lease provisions on page 1 Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of this Leasethe Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all pay the amount of such Claimsincrease to Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used solely for light manufacturing of biopharmaceuticals and for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and selling (but specifically excluding retail selling) such products, and for such other lawful purposes incidental thereto (including incidental office and warehouse uses). Tenant shall not conduct any auction, liquidation, or similar activities at the Premises, and will use the Premises, Building, and Project in a safe manner and will not commit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any outside storage, nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Tenant shall use the Premises in compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, “Legal Requirements”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101similar state statutes, et seqlocal ordinances, or any related regulations, as may be amended from time to time. (together The Premises shall not be used for residential purposes. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the regulations promulgated pursuant theretoPremises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, “ADA”) (collectivelyLandlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, “in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements” Requirements which come into effect after the Commencement Date and eachsuch non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, a “Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirement”)Requirements which shall be chargeable to Tenant as an Operating Expense. 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements as a result of Tenant’s specific use or occupation of the Premises. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord and Tenant acknowledge and agree that Tenant’s use may include parking vehicles inside the Building temporarily overnight, provided that: (a) Tenant is solely responsible, at Tenant’s cost, for compliance with Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy design, permitting and installation of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any a carbon monoxide/nitrogen oxide (diesel exhaust) detection and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsventilation system), and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges fire department requirements and disbursements and costs of suit) (collectively, “Claims”) arising out of or approvals in connection with Legal Requirements related to Tenant’s use such use, (b) there be no hot works (e.g. for example, and not in limitation, cutting or occupancy welding), or painting within 20 feet of any vehicles inside the Premises, and (c) Tenant shall indemnify, defend, hold comply with the requirements of insurers of the Premises and save Landlord harmless from and against any and all such ClaimsBuilding.
Appears in 2 contracts
Samples: Lease Agreement (RayzeBio, Inc.), Lease Agreement (RayzeBio, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities ActXxxxxxxxxxxx Xxx, 42 U.S.C. § 1210100 X.X.X. 00000, 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 that is declared to be a violation of any Legal Requirement by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementjurisdiction. 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 any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe 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 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, 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 ventilation, air exchange, heating, gas, steam, electricity electricity, or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s 's Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are may be required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages damages, or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges charges, and disbursements and costs of suit) (collectively, “"Claims”") arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold hold, and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Samples: Lease Agreement (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The provisions of the preceding sentence are intended to apply in the event that Tenant’s use of the Premises changes from the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date. Landlord acknowledges that Landlord does not object to the use which Tenant has disclosed to Landlord that it shall be making of the Premises as of the Commencement Date and Tenant may continue to make such use of the Premises during the Term of the Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s 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 LandlordLandlord which consent shall not be unreasonably withheld. Except as may be provided under the Work LetterLetter and/or consented to by Landlord in connection with any Alterations, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements solely related to Tenant’s use or occupancy of the Premises, provided that if alterations or modifications to the Building or Project (that are not improvements made for the exclusive benefit of another tenant) are required as a result of the occupancy of the Building by one or more tenants, and not as a result solely of Tenant’s occupancy, the cost of the alterations or modifications shall be paid by Landlord as an Operating Expense. Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 2 contracts
Samples: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, Inc.)
Use. (a) The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasegeneral office, administrative, call center use, storage 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. other legal uses (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal RequirementTenant’s Use”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of shall not do or permit to be done in or about the Premises or the Building anything which is declared prohibited by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or Landlord’s insurancewhich may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance riskupon the Premises or the Building or any of its contents, or cause the disallowance a cancellation of any sprinkler insurance policy covering the Premises or other creditsthe Building or any part thereof or any of its contents. Tenant shall not do or permit any part of the Premises anything to be used as a “place of public accommodation”, as defined done in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage about the Premises or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of Landlord or other tenants or occupants of in the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure them, or using use or allowing allow the Premises or the Building to be used for any immoral or unlawful purpose. , nor shall Tenant shall cause cause, maintain or permit any equipment nuisance, in, on 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of about the Premises or the Project that are required by Legal Requirements (includingBuilding or commit or suffer to be committed any waste in, without limitation, compliance of on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with the ADA) related to Tenant’s Tenants’ permitted use or occupancy of the Premises. Subject Tenant shall have access to Landlord’s performance of its obligations in the Work LetterBuilding and Premises on a 24 hour/7 day a week basis. Building hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., except holidays. Tenant shall be responsible for and shall pay for any and all demands, claims, liabilities, losses, increased building security costs, expenses, actions, causes of action, damages or judgments, HVAC costs 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 utilities due to Tenant’s use or occupancy and the operation of HVAC and utilities services outside the Premisesnormal Building hours for those services which are specifically requested in writing by Tenant; provided, and that Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all have the right to audit such Claimscosts in the same manner as Tenant’s right to audit Operating Expenses pursuant to Article 7 of this Lease.
Appears in 2 contracts
Samples: Commercial Triple Net Lease (Extend Health Inc), Triple Net Lease (Extend Health Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “"Legal Requirements” and each"). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Adams Golf Inc), Lease Agreement (Adams Golf Inc)
Use. 11. The Demised Premises shall be used and occupied by Tenant solely for the Permitted Use set forth in the basic lease provisions on page 1 purposes of this Leasemedical products manufacturing, associated warehousing and general office/R&D uses, and any other lawful purpose to which Landlord consents in writing (which consent will not be unreasonably withheld), so long as such use is in compliance with all applicable laws, ordersordinances and governmental regulations affecting the Building and Property. The Demised Premises shall not be used in such manner that, judgmentsin accordance with any requirement of law or of any public authority, 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 Landlord shall be obliged on account 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 manner of said use to make any manner that would void Tenant’s addition 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 alteration 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 LandlordBuilding. Except as may The Demised Premises shall not be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises used in any manner which will require ventilationincrease the rates required to be paid for public liability or for fire and extended coverage insurance covering the Property. Tenant shall occupy the Demised Premises, air exchangeconduct its business and control its agents, heatingemployees, gasinvitees and visitors in such a way as is lawful and reputable and will not permit or create any nuisance, steamnoise, electricity odor, or water beyond otherwise interfere with, annoy or disturb any other tenant in the existing capacity Building in its normal business operations or Landlord in its management of the Project as proportionately allocated Building. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the Premises based upon use of the Property, provided that such rules and regulations do not unreasonably interfere with Tenant’s Share as usually furnished 's lawful use of the Demised Premises. Outside storage on the Property of any type of equipment, property or materials owned or used on the Property by Tenant or its customers and suppliers shall not be permitted. Tenant shall comply with all federal, state and municipal laws, ordinances, standards and regulations in effect from time to time governing the operation of Tenant's business including but not limited to federal regulations on occupational exposure to bloodborne pathogens (29 CFR ss. 1910.1030) and ionizing radiation (29 CFR ss. 1910.1096); any applicable Standards of Practice promulgated by the Centers for Disease Control; and all laws, ordinances, standards and regulations governing the Permitted Usetransportation, use, storage and disposal of infectious or potentially infectious substances and wastes. Subject Notwithstanding anything in this Lease to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant, at its sole expenseand not Landlord, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible and shall pay 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 suitsegregating, packaging, treating, transporting and disposing of all infectious waste (if any) (collectivelygenerated by Tenant, “Claims”) arising out its employees, agents, invitees and visitors at or from the Property. All infectious waste shall be identified, segregated, measured, stored and disposed of or by Tenant in connection a manner that complies with Legal Requirements related all federal, state and local laws, ordinances, standards and regulations applicable to Tenant’s use or occupancy infectious waste. None of the PremisesCommon Areas may be used by Tenant for the storage or disposal of infectious waste. As used herein, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims."
Appears in 2 contracts
Samples: Possis Medical Inc, Possis Medical Inc
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans with Disabilities Act of 1990 (as amended) (the “ADA”), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: The Lease Agreement (Inogen Inc)
Use. (a) The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 10 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 requirementLegal Requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord acknowledges that Tenant intends to install an irradiator in the Premises, the weight of which will exceed 500 pounds and will require movement through Common Areas, and Landlord consents thereto, subject to (i) the delivery to Landlord of a report prepared by a structural engineer reasonably acceptable to Landlord confirming that the installation of the irradiator within the Premises will not adversely affect the structural integrity of the floor, and (ii) coordination of the move and installation with Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Lease Agreement (Pharmathene, Inc)
Use. The Premises are to be used only for general office --- purposes, including but not limited to, use of a portion of the first floor of the Building, to the extent permitted by law or covenant, as a network and/or telecommunications operations center or related use and for no other business or purpose without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. No act shall be used solely done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall, after written notice, (a) immediately cease the performance of any unlawful act and (b) with respect to acts that will or has increased the existing rate of insurance, Tenant shall either cease such act that is increasing or has increased the existing rate of insurance (and pay for any such increases theretofor charged to Landlord) or shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance at its sole cost and expense. Tenant shall not, without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the Permitted Use set forth in safety, care and cleanliness of the basic lease provisions on page 1 Premises or the Building and for the preservation of good order therein; provided, however, that such rules and -------- ------- regulations do not conflict with this Lease, materially increase Tenant's obligations or liability with respect to the Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and in compliance with all lawsregulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Tenant agrees to --------- be wholly responsible at Tenant's sole cost and restrictions now expense for any accommodations or hereafter applicable alterations which need to be made 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 the Americans With Disabilities Act of 1990, as amended (the Premises"ADA"). Tenant Landlord 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 responsible 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises common areas of the --- Building as well as the Building shell (as described in Exhibit E) with the provisions of ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
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Use. (a) The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, shipping, warehousing 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 (except as provided in Paragraph 3(c) below), liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Except as set forth in Paragraph 3(b) below, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at it sole expense, shall use and occupy the basic lease provisions on page 1 of this Lease, and Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements enacted or applicable to the Project after the date of this Lease related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Subject to compliance with all Legal Requirements, defend, hold and save Landlord harmless from and against any and all such Claimshereby consents to Tenant's use of diesel powered forklifts in the Premises provided that Tenant shall not store diesel on the Premises or the Project.
Appears in 1 contract
Samples: Lease Agreement (Pods Inc)
Use. The Premises THE PREMISES SHA11 BE USED ONLY FOR LIGHT MANUFACTURING, GENERAL OFFICE, RECEIVING, STORING, SHIPPING AND SELLING PRODUCTS, MATERIALS, MERCHANDISE AND SERVICES AND FOR SUCH OTHER LAWFUL PURPOSES AS MAY BE RELATED TO TENANTS BUSINESS AND SERVICES PROVIDED BY TENANT. Tenant shall be used solely for conduct such activities in such a manner as to not constitute a violation of any deed restrictions encumbering the Permitted Use set forth premises which are now recorded in the basic lease provisions on page 1 real property records of this LeaseHarris County, 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 thereofTexas. Outside storage, including, without limitation, the Americans With Disabilities Acttxxxxx and other vehicles, 42 U.S.C. § 12101is prohibited without Landlords prior written consent, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)which shall not be unreasonably withheld. 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 created by Tenant in, upon, or in connection with the Premises, all at Tenants 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 would void Tenant’s or Landlord’s insurancemanner, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance any method of storage) which would render the Premises with insurance thereon void or the ADA) related insurance risk more hazardous or. cause the State Board of Insurance or other insurance authority to Tenant’s use or occupancy disallow any sprinkler credits (see Section 17 of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsthis Lease).
Appears in 1 contract
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 provisions on page 1 purpose of this Leasereceiving, storing, shipping, and in compliance 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 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 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or merchandise outside the exterior walls or interior demising walls of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims's prior written consent.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions and for lawful purposes incidental thereto, and all 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”) thereof (collectively, “Legal Requirements” and each, a “Legal Requirement”"LEGAL REQUIREMENTS"). Tenant shall, upon 5 days’ ' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) governmental authority having jurisdiction to be a violation of a any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, 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 's failure to comply with the provisions of this Section or otherwise 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 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 therefrom 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 's Share as usually furnished for the Permitted Use. Subject to Landlord’s performance Landlord shall be responsible for all the compliance of its obligations in the Work Lettercommon areas of the Project with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications modifications, to the interior or the exterior of the Premises or the Project Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises; provided, however, if any such alterations or modifications are required as a result of any Legal Requirement of general applicability, requiring alterations or modifications throughout the Building, Landlord shall construct any such required alteration or modification and charge the cost thereof back to Tenant, either as an Operating Expense or by direct charge to Tenant of Tenant's proportional share of such costs, provided further that to the extent any portions of such required alterations or modifications are properly treated as a capital items, the costs applicable to such capital items shall be amortized over the lesser of 7 years or the useful life of such capital items. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of manufacturing battery-electric transit buses and other uses incident thereto and for such other lawful purposes as may be incidental thereto (“Tenant’s Use”). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no material interference with the access of other tenants to Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act (if Tenant receives notice of non-compliance), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar slate statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Subject to any of landlord’s express representations and other obligations under this Lease, Tenant shallshall at its expense make any alterations or modifications, within or without the Premises, upon 5 days’ written notice from Landlord, discontinue receipt by Tenant of a notification of non-compliance with any use Legal Requirements related to Tenant’s Use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner mam1er 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 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 use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible subject to all obligations of Tenant under this lease, except 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 obligations to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimspay rent.
Appears in 1 contract
Use. A. The demised Premises shall be used solely only for the Permitted Use set forth purpose of general office, receiving, storing, shipping and selling (other than retail) products, materials, merchandise and alcoholic beverages made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to the park covenants of record in effect as of the basic lease provisions on page 1 commencement of this Lease. Outside storage, including without limitation, trucks (other than Tenant's "UPS" size delivery trucks) and in compliance 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 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. 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, not take any other action which would constitute a unreasonable 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 (other than products, in normal quantities, used by Tenant for ordinary cleaning and janitorial supplies, products used for office purposes, and typical grocery or drug 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 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 Landlordassuming additional costs related thereto. (See also Additional Provisions, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.Section 13)
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of research and development and general office uses and for such other lawful purposes as may be incidental thereto.; 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, 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 provisions floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant's business operations on page 1 and from the Premises overnight at the truck docks of this Leasethe Premises, provided such trucks and trailers are at all times in operable condition and there is no interference with the access of other tenants to the Building parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “"Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, defendTenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Innotrac Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at 7 its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Samples: Lease Agreement (Jni Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises are to be used only for any general office purposes and for no other business or 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 No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant’s office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be provided under necessary to eliminate 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 noise 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, disturbance at its sole cost and expense. Tenant shall not without Landlord’s prior consent install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant at its expense, shall make comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any alterations such equipment, machine, device, tank or modifications vessel. Tenant at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the interior or Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the exterior safety, care and cleanliness of the Premises or the Project that Building and for the preservation of good order therein. The current rules and regulations for the Building are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.attached hereto as Exhibit E.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping, and selling (but limited to wholesale sales) products, materials, and general merchandise, including, but not limited to, bingo printing and finishing, pull tabs, and ink markers, made and/or distributed by Tenant, and for such other lawful purposes as may be incidental thereto. Tenant may also use the Premises for light manufacturing of pull tab inserts, lottery style tickets, assembly of electrical bingo blowers, flashboards, and electronic bingo units. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that to the extent permitted by applicable Legal Requirements (defined below), Tenant shall have the right to park automobiles, trucks and/or trailers along the exterior walls of the Premises, between the truck doors, and at the truck doors of the Premises, and in the basic lease provisions truck court area for the Premises, as shown on page 1 of Exhibit A to this Lease, so long as such automobiles, trucks and/or trailers are in operable condition and do not block access to the premises of other tenants (if any) of the Building. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The a. Tenant shall use and occupy the Premises only for general office use, and for no other purposes. Tenant shall not use the Premises or allow the Premises to be used solely for any other purpose without the Permitted Use set forth in the basic lease provisions on page 1 prior written consent of this LeaseLandlord. Tenant, and in compliance at Tenant's expense, shall comply with all laws, rules, orders, judgments, ordinances, regulationsdirections, codesregulation, directivesand requirements of federal, permitsstate, licensescounty, covenants and restrictions municipal authorities, now in force or which may hereafter applicable be in force, which shall impose any duty upon Landlord or Tenant with respect to the use, occupation or alteration of the Premises, and to or the use and occupancy thereofconduct of Tenant's business therein, including, without limitation, the Americans With with Disabilities ActAct and all applicable zoning, 42 U.S.C. § 12101, et seq. recycling and Environmental Laws (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”hereinafter defined). Tenant shallhereby agrees to indemnify and hold harmless Landlord and its agents, upon 5 days’ written notice officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, discontinue any use its agents, officers, directors and employees alleging or relating to the failure of the Premises which is declared to comply with the terms of the Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant. Tenant will shall not use or permit the Premises or any part thereof to be used for any purpose or in any manner that would void constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant’s or Landlord’s insurance's use and in such event, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsonly in such amounts as permitted by applicable law. Tenant shall covenants not permit any part to change Tenant's use 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 approval 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Certicom Corp
Use. The Premises During the Lease Term, each of the Properties shall be used solely for the operation of a Permitted Use set forth Facility. Except during any Permitted Closure (and provided that Tenant continues to strictly comply with the other terms and conditions of this Lease), Tenant shall at all times during the Lease Term occupy the Properties and shall diligently operate (as presently conducted) its business on the Properties. Notwithstanding the foregoing and anything to the contrary contained herein, Tenant shall be permitted to Discontinue Operations at either the New Mexico Property or the Minnesota Property; provided, that in no event shall Tenant be permitted to Discontinue Operations at the New York Property nor Discontinue Operations at more than one (1) Property at any time. If Tenant does Discontinue Operations at a Property, Tenant shall (i) give written notice to Landlord as promptly as practicable after Tenant elects to Discontinue Operations at such Property, but no later than ninety (90) days prior to the date that Tenant actually commences to Discontinue Operations, (ii) provide protection and maintenance of any such Property during any period of vacancy in the basic lease provisions on page 1 same manner as required under this Lease, (iii) comply with all Laws and otherwise comply with the terms and conditions of this Lease, and in compliance with all laws(iv) such discontinuance of operations shall not activate, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now make applicable 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 otherwise trigger 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 right of any sprinkler person or other credits. Tenant shall not permit any part of the Premises entity 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 acquire any such insurance policy Property whether by reason option, right of Tenant’s failure to comply with the first refusal, right of first offer or otherwise. The other terms and provisions of this Section or otherwise caused by Lease and Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises obligations hereunder shall remain in a carefulfull force and effect in accordance with its terms, 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 be deemed to be used for any unlawful purpose. waived by Landlord with respect to such Property where Tenant shall cause any equipment or machinery elects 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsDiscontinue Operations.
Appears in 1 contract
Use. The Premises demised premises shall be used solely only for the Permitted Use set forth in purpose of (5) receiving, storing, shipping and selling (other than retail) for interest, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Under no circumstances shall the basic lease provisions on page 1 premises be used for gambling or the retail sale of this Leasealcoholic beverages, whether or not those uses may be lawful. Outside storage is prohibited without Landlord's prior written consent. Tenant shall at its own cost and in compliance 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 Premisespremises or use thereof, 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 (6). Without limiting the generality of the foregoing, and subject to paragraph 6, Tenant shall at its own cost and expense install and construct all physical improvements to the use premises, interior and occupancy thereofexterior, includingrequired by any Federal, without limitationState or local building code or other law or regulation enacted after the date on which this lease is executed by Tenant, or after said date determined retroactively to apply to the Americans With Disabilities Actpremises, 42 U.S.C. § 12101, et seq. (together with 7) made necessary by 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 nature of Tenant's use of the Premises premises. 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. Tenant shall not place a load upon the floor of the premises which exceeds the load per square foot which such floor was designed to carry and which is declared allowed by law. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementproduct, material or merchandise which is explosive or highly inflammable. Tenant will not use or permit the Premises 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 insurance risk more hazardous. If at any time during the term of any sprinkler this lease the State Board of Insurance or other credits. insurance authority disallows any of Landlord's sprinkler credits or imposes an additional penalty or surcharge in Landlord's insurance premiums because of Tenant's original or subsequent placement or use of storage racks or binds, Tenant's method of storage, the nature of Tenant's inventory or any other act of Tenant, Tenant shall not permit any part agrees to pay, as additional rental, the increase (between fire walls) in Landlords insurance premiums, and, upon demand by Landlord, to correct at Tenant's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementparticular insurance authority. 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 LetterAdditionally, Tenant shall not, without the prior written consent of Landlord, use the Premises in pay 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 the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations other tenants in the Work Letterbuilding in which the premises are situated, upon demand, any increases in such other tenant's insurance premiums or charges caused by the acts of Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's 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 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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, defend, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaselight manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions and restrictions affecting the Project) now or hereafter applicable to such use of the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular 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 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 or the Project is caused by Tenant's use or occupation of the Premises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be used subject to the terms and conditions of this Lease, other than any obligation of Tenant to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, in the event that Landlord receives notice from the applicable governing authority that the Premises are not in compliance with Legal Requirements existing on the Commencement Date and such non-compliance is not related to Tenant's specific use of the Premises, then Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a “place result of public accommodation”, as defined the Tenant's specific use of the Premises shall be chargeable to Tenant 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 accordance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale or mail order or web-based retail 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Intervideo Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasegeneral office, commercial research and development activities, and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any unreasonable and 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. Outside storage, including without limitation, storage of inoperable trucks and other vehicles not used in Tenant’s daily business operations, is prohibited without Landlord’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared Premises. Notwithstanding the aforesaid, Landlord shall be responsible to make any alterations or improvements on the exterior of the Buildings required by any Governmental Authority (as defined in Section 9) having jurisdiction Legal Requirements not related to be a violation Tenant’s specific use or occupation of a Legal Requirementthe Premises. 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, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise is 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 occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to non-retail sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto including general office use, assembly and light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation sale open to the general public, 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 thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the basic lease provisions on page 1 Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of this Leasethe Project. Outside storage, including without limitation, storage of trucks and other vehicles, except for overnight parking of operational vehicles, is prohibited without Landlord’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time unless Tenant shall have fully complied with its obligations under the preceding and succeeding sentences of this Paragraph 3. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 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 the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery to be installed in pay 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 amount of 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. Subject increase to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Lease Agreement (Gtsi Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, manufacturing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In connection with Tenant's manufacturing operations, Tenant shall construct a clean room in the basic lease provisions Premises to local, state and federal requirements, as applicable. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to retail sales by internet without Tenant's customers visiting at the Premises) products, materials and merchandise made and/or distributed by Tenant, for general office use in connection with a warehouse use, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent which shall not be unreasonably withheld or delayed, Tenant may also use the basic lease provisions Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided however, that Tenant shall have the right, without obtaining Landlord's prior written consent, to park trucks and trailers (provided the same are in operable condition) overnight at the truck loading docks and on the parking areas of the Project. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, 10, 11, and 15 of this Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”) (collectivelyall as may be amended from time to time. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, “Legal Requirements” 10, 11, and each15 of this Lease, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s insurance, 's insurance or increase the insurance risk, or cause . If any increase in the disallowance cost 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance Tenant's use or occupation of the Premises with the ADA(other than Tenant's use which constitutes customary warehouse storage and distribution) related to Tenant’s use , or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, because 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 use or occupancy of vacates the Premises, and then Tenant shall indemnify, defend, hold pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant for the purpose of installing racks and save Landlord harmless from receiving inventory prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease except the payment of Base Rent and against any and all such ClaimsOperating Expenses which shall commence on the Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Etoys Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of general office, administration, research and development, light manufacturing, assembly, 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. 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 provisions on page 1 floor or structure of this Leasethe 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. Notwithstanding the foregoing to the contrary, Tenant shall have the right to park operable vehicles overnight at the truck loading docks and parking areas for the Premises. This provision also shall supersede the terms of Paragraphs 7 and 12 of the Rules and Regulations attached to the Lease to the extent of any conflict with such rule. Subject to Landlord’s representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s particular 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 would void Tenant’s or Landlord’s insurance, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler insurance on the Premises or other credits. Tenant shall not permit any part the Project is caused by Tenant’s use or occupation of the Premises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be used subject to the terms and conditions of this Lease, other than any obligation of Tenant to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project in each case that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to Paragraph 10 of this Lease or due to violations of law by Landlord in existence as of the Commencement Date. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required 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 specific use of the Premises shall be chargeable to comply Tenant in accordance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, shipping and selling (both wholesale and retail sales) products, materials and merchandise made and/or distributed by Tenant; for light manufacturing, repair and service; for a catalog telephone sales center; and for any other lawful purposes. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Subject to the provisions of this Lease (including, without limitation, this Section 3 regarding compliance with laws), Tenant will use the Premises in a careful, safe and proper manner, in compliance with all Private Restrictions (as defined below), in compliance with all Legal Requirements (as defined below), and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance. Except as set forth in the basic lease provisions on page 1 attached Exhibit "G", the Original Premises are not subject to any rights-of-way, easements, covenants, conditions, restrictions, reciprocal parking agreements or other private agreements which affect the use or enjoyment of the Original Premises, authorize the use of the Original Premises for parking or vehicular/pedestrian ingress or egress, or which subject the Premises to any open space, setback or other use limitations (collectively the "Private Restrictions"). Landlord shall not voluntarily subject the Premises to any Private Restrictions without Tenant's prior written consent. If Landlord fails to obtain Tenant's written consent prior to subjecting the Premises to any Private Restrictions after the date of this Lease, then Tenant shall not be responsible for any costs involved in complying with the requirements of any such Private Restrictions and (if such Private Restriction materially and adversely affects Tenant's use and enjoyment of the Premises) such action shall (at Tenant's option) constitute an event of default under this Lease. As of the Rent Commencement Date with respect to the Original Premises, and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, the Original Premises shall comply with all Private Restrictions and all Legal Requirements (as hereinafter defined). As of the commencement of the Term with respect to any Expansion Premises (if applicable), and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, such Expansion Premises shall comply with all Private Restrictions and all Legal Requirements. Following the substantial completion of Landlord's Work with respect to the Original Premises and/or any Expansion Premises (as the case may be), the delivery of a Certificate of Occupancy, and subject to Landlord's correction of any Punch List Items and performance and discharge of any warranty obligations under the Work Letter, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and "Legal Requirements"); provided, however, that Tenant shall not be required to construct or install any capital or structural improvements, alterations, modifications or additions to the Premises unless the need for such capital or structural improvements, alterations, modifications or additions are the result of Tenant's particular use of the Premises and occupancy thereof, including, without limitation, are not the result of governmental requirements imposed on buildings generally available for human occupancy. The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular 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 would void Tenant’s 's or Landlord’s insurance, 's insurance or increase the insurance risk. If any increase in the cost of any insurance on the Premises is caused by Tenant's use or occupation of the Premises, or cause because Tenant vacates the disallowance Premises, then Tenant shall pay the amount of any sprinkler such increase to Landlord. Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant's use of the Premises for the uses permitted herein shall not result in an increase in Landlord's insurance costs or other creditsrisks. Tenant shall have the right to enter the Original Premises prior to the Commencement Date and/or any Expansion Premises prior to the commencement of the Term with respect to such Expansion Premises for purposes of inspecting the construction of Landlord's Work. Tenant shall have the right to enter, use and occupy the Original Premises prior to the Rent Commencement Date for purposes of improving and altering same, inspecting the construction of Landlord's Work, and installing furniture, equipment, and trade fixtures therein. Any early entry by Tenant under this Section 3 shall be conducted in a manner so as not permit any part to interfere with Landlord's construction of Landlord's Work. If Landlord believes that Tenant's early entry into the Premises is interfering with the construction of Landlord's Work, Landlord shall notify Tenant in writing and Tenant shall cease such interference within three (3) days after the service of such notice. If Tenant believes that its early occupancy of the Premises to is not interfering in Landlord's construction of Landlord's Work, such dispute shall be used as a “place of public accommodation”, as defined settled by an architect in the ADA or any similar legal requirementmanner prescribed by Section 28 of the Lease. Any occupation of the Original Premises by Tenant after the Commencement Date but prior to the Rent Commencement Date shall reimburse Landlord promptly upon demand be subject to all obligations of Tenant under this Lease, except 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 relating to the payment of annual Base Rent or otherwise caused by Tenant’s additional rent. Tenant shall be entitled to the exclusive use and/or occupancy of all parking at the Premises. Tenant will use shall have the right to xxxx all parking spaces on the Premises in a carefulas being for the exclusive use of Tenant and its agents, safe employees and proper manner invitees and will to remove any unauthorized vehicles parking therein. Landlord agrees not commit to construct any alterations, additions, or permit waste, overload the floor or structure of the Premises, subject buildings on the Premises to use that would damage reduce the number of parking stalls at the Premises or obstruct or that interfere with the rights of Landlord vehicular or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on pedestrian access to 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Lease Agreement (West Marine Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and "Legal Requirements") unless such Legal Requirements are met due to the use and occupancy thereof, including, without limitation, their “grandfathered” nature. The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction unless such Legal Requirements are met due to be a violation of a Legal Requirementtheir “grandfathered” nature. 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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Viewsonic Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demandsobligations of Tenant under this Lease (other than Base Rent, claimswhich, liabilitiesin accordance with Addendum 1 hereto, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting shall not be owed by Tenant until the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of fourth month after the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsCommencement Date).
Appears in 1 contract
Samples: Lease Agreement (Cmgi Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaselight manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord’s prior written consent. Subject to Landlord’s representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant’s particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s particular 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 would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of 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 use and/or or occupation of the Premises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant’s preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be subject to the terms and conditions of this Lease, other than any obligation of Tenant to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to legally required changes to the interior of the Premises after Tenant’s occupancy of the Premises. Tenant will Premises that relate solely to the specific manner of use of the Premises in a careful, safe by Tenant; and proper manner and will not commit Landlord shall make all other additions to 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 modifications of the Project required from time to time by Legal Requirements. The cost of such additions or in the Project elevators without the prior written consent of Landlord. Except as modifications made by Landlord may be provided under included in Operating Expenses pursuant to Paragraph 6 of this Lease to the Work Letterextent permitted thereunder, Tenant shall not, without the prior written consent except for those additions or modifications which are Landlord’s sole responsibility pursuant to Paragraph 10 of Landlord, use the Premises this Lease or due to violations of law by Landlord in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity existence as of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsCommencement Date.
Appears in 1 contract
Use. The (a) Subject to Tenant's compliance with all zoning ordinances and Legal Requirements, the Premises shall be used solely only for the Permitted Use set forth in and for no other use. To Landlord's Knowledge, as of the basic lease provisions on page 1 date of this Lease, and in Landlord does not know of any zoning information that prohibits Tenant from operating from the Premises for the Permitted Use. As of the date of this Lease, subject to Tenant's compliance with all lawsLegal Requirements, 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 Actzoning ordinances, 42 U.S.C. § 12101, et seq. Landlord is not party to any third party agreement (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and eachsuch as, a “Legal Requirement”). prohibited use clause in a lease) that would prohibit Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of building-out or using the Premises which is declared by for laboratory and biotech manufacturing purposes, and Landlord agrees not to consent in writing to any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit such restriction during 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 creditsTerm. Tenant shall not permit conduct or give notice of any part auction, liquidation, or going out 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 business sales on 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, Premises or subject the Premises to use that would damage the Premises Premises. Tenant shall not permit any objectionable or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Projectunpleasant odors, including conducting or giving notice of any auctionfumes, liquidationsmoke, dust, gas, noise, or going out of business sale on vibrations to emanate from the Premises, or using take any other action that would constitute a nuisance or allowing would disturb, interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks, vehicles or any of Tenant's personal property, products or merchandise, is strictly prohibited without Landlord's prior written consent, such consent not to be unreasonably withheld with regard to an outside mechanical yard area for Tenant’s exclusive use, and for other minor outside use subject to compliance with Legal Requirements, review and approval of plans therefor by Landlord, and Landlord's reasonable rules and regulations with respect thereto (including appropriate screening of any such mechanical yard). Tenant shall not bring upon the Premises or any portion of the Building or Project or use the Premises or permit the Premises or any portion thereof 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 Areasgrowing, 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 Lettermanufacturing, Tenant shall notadministration, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements distribution (including, including without limitation, compliance any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, or any other illicit drug under either State of California or United States law, regardless of the Premises with legality or illegality of the ADA) related same. In addition, set forth on Exhibit E are additional provisions generally applicable to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 Premises as well as Tenant’s use or occupancy of portions of the Premises, Premises for laboratory and Tenant shall indemnify, defend, hold research and save Landlord harmless from and against any and all such Claimsdevelopment purposes (“Laboratory Use”).
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth in purpose of receiving, inspecting, photographing, order fulfillment and returns, storing, shipping and selling (but specifically excluding retail selling) products such as garments, furniture, art and other associated products, materials and merchandise and for such other lawful purposes as may be incidental thereto. Subject to Legal Requirements (as hereinafter defined) during the basic lease provisions Lease Term, Tenant shall be entitled to access of the Premises 24 hours per day, seven days per week, 365 days per year. Tenant shall not conduct any auction, liquidation, or going out of business sale on page 1 of this Leasethe Premises. Tenant will use the Premises, Building, and Project in a safe manner and will not commit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Outside storage is prohibited at the Project. Tenant, at its sole expense, shall use the Premises in compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. The Premises shall not be used for residential 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 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of modifications, at the Premises or the Project Project, that are required by Legal Requirements (including, without limitation, compliance related to Tenant's specific use or occupation of the Premises as opposed to general warehouse and distribution use. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the ADA) Premises. In the event that Landlord receives notice, or is otherwise informed, that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date, or which come into effect after the Commencement Date, and such non-compliance is not related to Tenant’s specific use or occupancy of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority, or otherwise brought to Landlord’s knowledge, in order to bring the Premises into compliance with such applicable Legal Requirements without cost or expense to Tenant. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, except for the payment of Monthly Base Rent, Fixed Operating Expenses and Taxes. Notwithstanding anything contained herein to the contrary, Tenant shall provide notice to Landlord that Tenant, or Tenant’s agents, contractors, or employees, requires access to the roof of the Building, along with the date such access is required, prior to accessing the roof of the Building. Tenant shall follow all Legal Requirements, including, but not limited to, OSHA requirements when employees, contractors, or agents access the roof of the Building and shall use reasonable and appropriate safety precautions in order to ensure such employees, contractors, or agents are not subject to injury or death. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Tenant shall have the right to place and maintain at all times, at Tenant's sole cost and expense, during the Lease Term in a dock position serving the Premises, one generator that shall be utilized by Tenant in connection with its business operations and subject to Landlord’s approval of the plans and specification therefor in accordance with Paragraph 13, supplemental HVAC units on the roof of the Building (the “Supplemental Units”). Subject to LandlordXxxxxxxxx 00, Xxxxxxxx shall have no liability whatsoever in connection with such generator, and Tenant shall be liable for any damage arising from Tenant’s performance installation, use and maintenance of its obligations in such generator, except to the Work Letterextent caused by the negligence or willful misconduct of Landlord or any Landlord Parties. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible required to comply with the obligations set forth in Exhibit I 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 installations involving the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy roof of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsBuilding.
Appears in 1 contract
Samples: Lease Agreement (TheRealReal, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, light manufacturing, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 provisions on page 1 floor or structure of this Leasethe 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 in compliance other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall comply with all laws, including, without limitation, the Americans With Disabilities Act of 1990 (49 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended from time to time (collectively, the "ADA"), orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable with reference to the Premisesuse, and to condition, configuration or occupancy of the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “with the ADA, "Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. On or prior to the date hereof, defendTenant has completed and delivered for the benefit of Landlord a "Tenant Operations Inquiry Form" in the form attached hereto as Exhibit D describing the nature of Tenant's proposed business operations at the Premises, hold which form is intended to, and save Landlord harmless from shall be, relied upon by Landlord. From time to time during the Term (but no more often than once in any twelve month period unless Tenant is in default hereunder or unless Tenant assigns this Lease or subleases all or any portion of the Premises, whether or not in accordance with Paragraph 17), Tenant shall provide an updated and against any and all such Claimscurrent Tenant Operations Inquiry Form upon Landlord's request.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaseoffice space, light manufacturing of hospital and health care products, operating a medical laboratory and for 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. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of inoperable trucks and other vehicles not used in Tenant's daily business operations, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Pharmanetics Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, 3.1 Tenant's sole 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 exclusive permitted use of the Premises which is declared by shall be for Business Office and Warehousing including trucks, trailers and materials related to its trade. Tenant shall not use or permit upon the Premises anything that will invalidate any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation policies of a Legal Requirementinsurance now or hereafter carried on the Premises or that will increase the rate of insurance on the Premises. Tenant will not use do anything or permit anything to be done upon the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance riskway tending to create a nuisance, or cause tending to disturb the disallowance occupants of any sprinkler neighboring property, or other credits. Tenant shall not permit any part of tending to injure 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 reputation of the Premises. Tenant will comply with all federal, state, county and municipal regulations, ordinances, rules, laws, and health and safety requirements, including but not limited to air quality, EPA, and track -out requirements, as such may be amended from time to time (collectively, the "Legal Requirements") applicable to the Premises and Tenant's use thereof, and applicable to Tenant's business. Tenant will obtain and maintain in full force and effect at all times, all permits, licenses and other governmental approvals (collectively, "Governmental Approvals") necessary for the operation of Tenant's business and the use of the Premises. Tenant will not use the Premises in a careful, safe and proper manner and will not commit for lodging or permit waste, overload the floor sleeping purposes or structure of the Premises, subject the Premises to use that would damage the Premises for immoral 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 Projectillegal purposes. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon conduct nor permit to be conducted on the Premises or transport or move such items through the Common Areas of the Project or any business that is not in the Project elevators without the prior written consent of Landlordcompliance with all applicable Legal Requirements. Except as may be provided under the Work Letter, Tenant shall notnot at any time manufacture, without sell, use, or give away, and shall not at any time permit the prior written consent manufacture, sale, use, or gift of Landlordany spirituous, use the Premises in any manner which will require ventilationfermented, air exchangeintoxicating, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations alcoholic liquors or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of controlled substances on the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for not at any and all demandstime sell, claimspurchase, liabilitiesor give away, lossesor permit the sale, costspurchase, expensesor gift of, actions, causes of action, damages or judgments, and all reasonable expenses incurred food in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of any form on the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Lease for Office / Warehouse (Saving Energy Solar Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of executive offices and pharmaceutical research and for such other lawful purpose as may be incidental thereto. 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 provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premise. Tenant shall not in it’s reasonable control 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. Landlord warrants it has received no notice from any government authority that the Premises are not in compliance with the Americans With Disabilities Act and Landlord shall maintain the exterior of the Premises in compliance with the ADA. Tenant, at its sole expense, shall use and Occupy the interior of the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of 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 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 or because Tenant vacates the Premises prior to use that would damage the Premises or obstruct or interfere with the rights expiration of Landlord or other tenants or occupants of the Projectits Lease, 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 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, material 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 thereon, overload the basic lease provisions on page 1 floor or structure of this Leasethe 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 other tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “"Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Subject to the immediately preceding sentence, but notwithstanding any other provision hereof to the contrary, Landlord and not Tenant shall be responsible for complying with Legal Requirements (including performing alterations or modifications necessary to make the Premises comply with applicable Legal Requirements) to the extent such compliance (i) relates to structural components of the Building and the Project or to the exterior of the Building, or (ii) is mandated generally for commercial and industrial properties in the City of Hayward and is not the result of Tenant's particular use of the Premises which Premises. The cost of any capital expenditures incurred by Landlord to comply with applicable Legal Requirements (including the cost of any required additions, alterations or modifications) under the immediately preceding sentence shall be amortized as provided in Paragraph 6 below. Tenant shall pay its Proportionate Share of such amortized costs over the remaining term of the Lease as provided in Paragraph 6 below. Tenant shall not be responsible for any costs attributable to maintaining compliance with Legal Requirements to the extent such compliance is declared necessitated by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation the particular use of a Legal Requirementlessees of the Project other than Tenant. 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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (includingTenant's use or occupation of the Promises, without limitationor because Tenant vacates the Premises, compliance then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises with by Tenant prior to the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales and Tenant’s online 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, except for Tenant’s online sales. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Use. The Tenant covenants with the Landlord not to use the Premises shall be used solely for any purpose other than general office use for the Permitted Use set forth in conduct of the basic lease provisions on page 1 of this LeaseTenant's business and for the Specific Authorized Uses (hereinafter defined), provided such Specific Authorized Uses are permitted under and are in compliance with all federal, state and municipal laws, ordinances, rules and regulations, including without limitation all zoning laws, ordinances and rules and regulations applicable to the Building. As used herein, the term "Specific Authorized Uses" shall mean the following uses: investment banking, securities brokerage, capital market investment activities, trading, investment advisory and related financial services and disaster recovery and data center. Tenant shall not use the Premises or allow the Premises to be used for any other purpose without the prior written consent of the Landlord. Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, judgments, ordinances, regulationsdirections, codesregulation, directivesand requirements of federal, permitsstate, licensescounty, covenants and restrictions municipal authorities, now in force or which may hereafter applicable be in force, which shall impose any duty upon Landlord or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, and to or the use and occupancy thereofconduct of Tenant's business therein, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101as amended and all applicable zoning, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” recycling and each, a “Legal Requirement”)environmental laws and regulations. Tenant shallhereby agrees to indemnify and hold harmless Landlord and its agents, upon 5 days’ written notice officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, discontinue any use its agents, officers, directors and employees alleging or relating to the failure of the Premises which is declared to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant. Tenant will shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any regulation of any governmental body or the regulations or directives of Landlord's insurance carriers, or in any manner that would void Tenant’s or Landlord’s insurance, increase which interferes with the insurance risk, or cause the disallowance quiet enjoyment of any sprinkler or other credits. Tenant shall not permit any part tenant of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesBuilding. Tenant will use not install and connect to 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 base Building electrical system any electrical or other tenants or occupants of the Projectequipment, 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 other than such equipment as is commonly 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 notmodern offices, without first obtaining the prior written consent of Landlord, use who may condition such consent upon the Premises payment by Tenant of Additional Rent in any manner which will require ventilation, air exchange, heating, gas, steamcompensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or water beyond additions to any base building system, as may be occasioned by the existing capacity operation of said equipment or machinery. All voice, data, video, audio, and other low-voltage control transport system cabling and/or cable bundles installed in the Project Building shall be (a) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (b) labeled every 3 meters with the Tenant's name and origination and destination points; (c) installed in accordance with all EIA/TIA standards and the National Electric Code; (d) installed and routed in accordance with a routing plan showing "as proportionately allocated built" or "as installed" configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing if applicable, and such other information as Landlord may request. The routing plan shall be available to Landlord and its agents at the Building upon request. Unless such maintenance is the responsibility of Landlord pursuant to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance terms of its obligations in the Work LetterSection 9c, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterbelow, 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 agrees to Tenant’s use or occupancy of maintain the Premises, and the Tenant Improvements and other Alterations (hereinafter defined) therein, in good order, repair and condition during the Term at Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys in Tenant's possession, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the commencement date of the DB Sublease, except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and except for ordinary wear and tear and casualty damage which Landlord is obligated to restore pursuant to the terms of this Lease. Landlord shall have no obligation to Tenant to make any repairs in or to the Premises, the Tenant Improvements or any Alterations. Any and all damage or injury to the Premises (including, but not limited to, the Tenant Improvements or any Alterations), the Building or the Land caused by Tenant, or by any employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall indemnifybe promptly reported to Landlord and repaired by Tenant at Tenant's sole cost; provided, defendhowever, hold that Landlord shall, after providing Tenant with notice thereof and save five (5) days within which to repair such damage or injury (except in the case of any emergency or if any of the Building systems or structures or the provision of services to any part of the Building are thereby affected, in which case no prior notice or cure period shall be required), have the option of repairing any such damage, in which case Tenant shall reimburse Landlord harmless from and against any and for all reasonable costs incurred by Landlord in respect thereof as Additional Rent within thirty (30) days after Tenant receives Landlord's notice of such Claimscosts.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to (the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 including an electroplating process provided such process emits no unreasonably noxious fumes or odors. 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 thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the basic lease provisions on page 1 Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of this Leasethe Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, -2- <PAGE> without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all pay the amount of such Claimsincrease to Landlord. 4.
Appears in 1 contract
Samples: Lease Agreement
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseTHE PURPOSE OF GENERAL OFFICE, RECEIVING, STORAGE, 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 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 thereoffor no other purpose whatsoever without Landlord's prior written consent. 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 at its own cost and expense obtain and maintain any and all licenses, upon 5 days’ written notice from Landlordpermits, discontinue and other approval necessary or appropriate for its use, occupation or operation of the Premises. Tenant's inability to obtain or maintain any use such license, permit or approval necessary or appropriate for its use, occupation or operation of the Premises shall not relieve it of its obligations under this Lease, including the obligation to pay Base Rent and additional rent. Tenant shall comply with all governmental laws, ordinances, rules and regulations applicable to the use and condition of the Premises, and shall promptly comply with all governmental orders and directives including, but not limited to, those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to the Premises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not commit or allow to be committed or exist: (a) any waste upon the Premises, (b) any public or private nuisance, (c) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or (d) any act or condition which disturbs the quiet enjoyment of any other tenant in the Building, violates any of Landlord's contracts affecting any or all of the land or Building, creates or contributes to any work stoppage, strike, picketing, labor disruption or dispute, interferes in any way with the business of Landlord or any other tenant in the Building or with the rights or privileges of any contractors, subcontractors, licensees, agents, concessionaires, subtenants, servants, employees, customers, guests, invitees or visitors or any other persons lawfully in and upon the land or Building, or causes any impairment or reduction of the good will or reputation of the land or Building. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Paragraph 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 explosive, highly inflammable, hazardous or a violation of a Legal Requirementpollutant. 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Xxxxxx's use of Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations shall result in the Work Letteran increase in insurance premiums, Tenant shall be solely 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsincrease.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 the earlier of (i) 30 days’ written notice from Landlord, or (ii) the date required by the applicable Governmental Authority (as defined in Section 9), 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. Subject ; provided, however, that the proportionality requirement contained in this sentence shall not apply to Landlord’s performance Work or the Remaining Improvements. Landlord shall not voluntarily cause the zoning of its obligations in the Work LetterProject to be changed from the existing designation to a designation that would prohibit the Tenant from conducting the Permitted Use within the Premises. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Thereafter, Landlord shall, as an Operating Expense or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant’s particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises and Tenant’s construction or installation of Alterations in the Premises. Subject to , other than those alterations and modifications required in connection with Landlord’s performance Work and the Remaining Improvements, which shall be the responsibility of its obligations Landlord pursuant to the immediately preceding sentence. Notwithstanding any other provision herein to the contrary, and except in connection with Legal Requirements which are Landlord’s responsibility pursuant to the Work Letterfirst sentence of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Samples: Lease Agreement (Phaserx, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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, 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale and retail mail-order sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, including limited customer pick-up of mail-ordered products; 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 provisions floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the 1-800-Contacts 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. Notwithstanding the foregoing, Tenant shall have the right to park trucks and trailers (provided the same are in operable condition) overnight at the truck loading docks and on page 1 the truck parking areas of the Project, and to place a compressor outside the Premises at the location noted on Exhibit A. This provision also shall supersede the terms of Paragraph 7 of the Rules and Regulations attached to this Lease, to the extent of any conflict with such rule. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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 thereunder, all as may be amended from time to time. Landlord represents that the improvements constructed or installed by Landlord pursuant theretoto the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, “ADA”) (collectivelybuilding codes, “Legal Requirements” regulations and each, a “Legal Requirement”)ordinances in effect on the Commencement Date of this Lease. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, defend, hold except Tenant shall not be obligated to pay Base Rent and save Landlord harmless from estimated Operating Expenses during the early access period for set-up and against any and all such Claimsfixturization of the Premises.
Appears in 1 contract
Samples: Lease Agreement (1 800 Contacts Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasegeneral office administration, research and development, light manufacturing, storage, receiving, storing, shipping and selling (but specifically excluding retail selling) products, and for such other lawful purposes incidental thereto. Tenant shall not conduct any auction, liquidation, or similar activities at the Premises, and will use the Premises, Building, and Project in a safe manner and will not commit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any outside storage, nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Tenant shall use the Premises in compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101similar state statutes, et seqlocal ordinances, or any related regulations, as may be amended from time to time. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)The Premises shall not be used for residential 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 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance as a result of the Premises with the ADA) related to Tenant’s 's use or occupancy occupation of the Premises. Except as otherwise expressly provided herein, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Subject to Landlord’s performance of its obligations in Legal Requirements (as hereinafter defined) during the Work LetterLease Term, 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 entitled to Tenant’s use or occupancy access of the PremisesPremises 24 hours per day, and Tenant shall indemnifyseven days per week, defend, hold and save Landlord harmless from and against any and all such Claims365 days per year.
Appears in 1 contract
Samples: Lease Agreement (Venus Concept Inc.)
Use. The Premises Tenant shall be used solely for have the Permitted Use set forth right to use, in common with others so entitled, all common areas associated with the Building and located in the basic lease provisions Building or on page 1 of this Leasethe Property including all hallways, elevator(s), loading dock(s), access ways, walkways, nonexclusive parking area(s), courtyards and in compliance with all lawslandscaped areas, 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 creditsif any. 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 for general office use and other reasonable uses incidental and related thereto, provided that Tenant shall not use, permit nor suffer anything to be done or anything to be brought into or kept 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 on the Property which in Landlord’s reasonable judgment occasions unreasonable discomfort or interfere with the rights of Landlord or annoyance to any other tenants or occupants of the ProjectBuilding and parking area(s), including conducting if any, or giving notice which may tend to impair the reputation or appearance of the Building or the Property, or tend to interfere with the proper and economic operation of the Building, parking area(s), if any, or the Property by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any auctiongovernmental body. If, liquidationdue to Tenant’s use of the Premises, improvements or going out alterations to the Premises or the Building are necessary to comply with any requirements imposed by law, Tenant shall pay the entire cost of business sale on such improvements or alterations. Landlord shall be responsible for obtaining use and occupancy permits from the local governmental authorities. Tenant covenants that it will move into the Premises promptly at the commencement of the term hereof and will use and occupy the entire Premises throughout the term hereof, and further covenants and agrees that, except temporarily by reason of casualty, taking or loss of access, it will not vacate the Premises, or using or allowing fail to conduct its business therein at any time during 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 term hereof 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 notice to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: Lease (Ace Comm Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe 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 other party. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any use of alterations or modifications, within or outside the Premises which is declared Premises, that are required by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementRequirements . Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant’s or Landlord’s insurance, any insurance on the Premises; (b) increase the insurance risk, ; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or other creditsrestrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. 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 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 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 the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Samples: Lease (Blue Rhino Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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 other tenants of the Project. Outside storage, including without limitation, storage of trucks, trailers and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that short-term parking of trucks, trailers and other vehicles in designated parking areas is permitted, and long-term parking of trucks and trailers at Tenant's loading docks is permitted. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, risk or cause the disallowance of 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Lease Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions and for lawful purposes incidental thereto, and all 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”) thereof (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 any 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 therefrom 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. Subject to Landlord’s performance Landlord shall be responsible for all the compliance of its obligations in the Work Lettercommon areas of the Project with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”) as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications modifications, to the interior or the exterior of the Premises or the Project Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises; provided, however, if any such alterations or modifications are required as a result of any Legal Requirement of general applicability, requiring alterations or modifications throughout the Building, Landlord shall construct any such required alteration or modification and charge the cost thereof back to Tenant, either as an Operating Expense or by direct charge to Tenant of Tenant’s proportional share of such costs, provided further that to the extent any portions of such required alterations or modifications are properly treated as a capital items, the costs applicable to such capital items shall be amortized over the lesser of 7 years or the useful life of such capital items. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and Selling Products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant may also use the Premises for light manufacturing. “Selling Products” shall be limited to the approximately 10,000 square feet of space located in the basic lease provisions northwest corner of the Premises as shown on page 1 Exhibit A. Tenant shall not conduct or give notice of this Leaseany 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, except for ordinary wear and tear, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord. Outside storage, including without limitation, storage of inoperable trucks and other personal vehicles, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”), except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises and the Project. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises, except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions 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 the Project. 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. credits unless such use has been approved by Landlord and Tenant shall not permit any part is responsible for all of the Premises to be used as a “place of public accommodation”, as defined increased costs resulting therefrom. If any increase in the ADA cost of any insurance on the Premises 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 use and/or occupancy or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Except for the payment of rent, which shall be due and payable as of the Commencement Date, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all other obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to Tenant’s use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit Landlord shall make all other additions to 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 modifications of the Project required from time to time in accordance with Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in the Project elevators without the prior written consent Operating Expenses pursuant to Paragraph 6 of Landlord. Except as may be provided under the Work Letterthis Lease, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner except for those additions or modifications 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. Subject to are Landlord’s performance sole responsibility pursuant to Paragraph 10 of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsthis Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior, defend, hold and save Landlord harmless from and against any and to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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; 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). ' The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) thereof (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 any 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, (“ADA”)) related to Tenant’s use or occupancy of the Premises, as distinguished. Subject from the use or occupancy of the Project by other persons. Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Samples: Lease Agreement (Iomai Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterforegoing, Tenant shall be responsible for any permitted to store and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages park trucks and commercial vehicles in the fenced or judgments, and all reasonable expenses incurred block wall enclosure in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy rear of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.as depicted in the site plan attached hereto as Exhibit B.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, 000 Xxxxxxxx Xxxxxx—Arbutus BioPharma, Inc. 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 that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, materially increase the insurance risk, 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; provided, however, that if during the Term Tenant desires to use all or part of the Premises as a place of public accommodation (as so defined), Tenant shall be solely responsible for complying with all applicable Legal Requirements (including, but not limited to, the ADA or any similar legal requirement) at its sole cost and expense in connection with, or arising out of, such use. 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 ProjectLandlord, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which that 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, manufacturing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In connection with Tenant's manufacturing operations, Tenant shall construct a clean room in the basic lease provisions Premises to local, state and federal requirements, as applicable. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense make any alterations or modifications, discontinue any within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Iomega Corp)
Use. The Subtenant shall use the Subleased Premises shall be used solely only for the Permitted Use set forth in uses and purposes permitted under the basic lease provisions on page 1 Lease and for no other use or purpose. Subtenant shall not do or suffer anything to be done upon the Subleased Premises which shall cause an injury to the Subleased Premises, or violate any zoning, building, health, safety or other code or ordinance of this Leaseany federal, state or local unit of government which has jurisdiction over the Subleased Premises and Subtenant, at its sole expense, shall comply with, and shall use and occupy the Subleased Premises in compliance with with, (i) all lawslaws applicable to the Subleased Premises, including, without limitation, the Americans With Disabilities Act, and all orders, judgments, ordinances, regulations, codes, directives, permitspermits and licenses, licensesnow or hereafter applicable to the Subleased Premises (collectively, "Legal Requirements"); (ii) all easements, covenants and restrictions now or hereafter applicable to the Subleased Premises; and (iii) the terms of the Lease (with subparagraphs (i), (ii) 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”iii) (collectively, “Legal Requirements” and each, a “Legal Requirement”collectively called "Applicable Laws"). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the The Subleased 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 accommodation under the ADA Americans with Disabilities Act or similar state statutes or local ordinances 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 carefulregulations promulgated thereunder, 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 all 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 amended from time to the Premises based upon Tenant’s Share as usually furnished for the Permitted Usetime. Subject to Landlord’s performance of its obligations in the Work Letter, TenantSubtenant shall, at its sole expense, shall make any alterations or modifications to modifications, within the interior or the exterior of the Subleased Premises or the Project that are required by Legal Requirements (includingRequirements, without limitation, compliance subject to the requirement of the Premises with the ADA) related obtaining Sublandlord's prior written approval and consent to Tenant’s use or occupancy of the Premisessame. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Subtenant shall be responsible for hold Sublandlord harmless against any and all demands, claims, liabilities, losses, costs, expenses, actionslosses or damages incurred, causes suffered, or imposed on Sublandlord as a result 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 any use or occupancy of the PremisesSubleased Premises by Subtenant in violation of any such laws or the terms of the Lease. Notwithstanding, Sublandlord represents that the installation of the new entrance to the Premises pursuant to Exhibit B shall comply with Texas Accessibility Standards and Tenant shall indemnify, defend, hold the ADA as it pertains to the width of the entrance but will not include automatic openers or electronic locking mechanisms. Sublandlord warrants that all improvements or alterations to the Premises performed by Sublandlord comply with all applicable Texas Accessibility Standards and save Landlord harmless from and against any and all such Claimsthe ADA.
Appears in 1 contract
Samples: Sublease Agreement (COPsync, Inc.)
Use. The Premises shall be used solely only for the Permitted Use set forth and for no other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe 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 other party. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any use alterations or modifications, to the Premises, that are required as a result of changes in Legal Requirements after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant’s or Landlord’s insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or other creditsrestrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. Tenant shall not permit If any part increase in the cost of any insurance on the Premises over that applicable 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 Permitted Use is 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 occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting Tenant under this Lease other than the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs payment of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsrent.
Appears in 1 contract
Samples: Lease (Blue Rhino Corp)
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use set forth purpose of conducting thereon the following business: Banking and general banking offices, and related products and services. Notwithstanding anything contained in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit the Premises or any part thereof 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, whatsoever without the prior written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Except as provided in Section 37.B, below, nothing herein shall be construed as providing Tenant an exclusive right within the Center to conduct such authorized business. No use shall be made or permitted to be made of the Premises, nor acts done, which shall increase the existing rate of fire, casualty, liability or other insurance upon the Center or cause a cancellation of any insurance policy covering the Center or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises in any manner article which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity may be prohibited by standard form of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Usefire insurance policies. Subject to Landlord’s performance of its obligations in the Work Letter, TenantTenant shall, at its sole expensecost, shall make comply with any alterations or modifications and all requirements (pertaining to the interior use of the Premises) of any insurance organization or company necessary for the exterior maintenance of reasonable fire and public liability insurance covering said building and appurtenances. In the event Tenant's use of the Premises results in a rate increase for the Center. Tenant shall pay annually within ten (10) days following Tenant's receipt of Landlord's written statement therefore, a sum equal to that of the additional premium, occasioned by such rate increase. Tenant shall not use or permit the Premises, or any part thereof, to be used in any way that (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereafter enacted, governing the Premises or the Project that are required by Legal Requirements Center; (including, without limitation, compliance b) will tend to create a nuisance or disturb other Tenants or occupants of the Premises with Center or tend to adversely affect or injure the ADA) related to Tenant’s use or occupancy reputation of the Premises. Subject Center; (c) constitutes the commission or maintenance of a nuisance or waste as defined by the laws of California; (d) it is prohibited to Landlord’s performance conduct any activity that omits odors, objectionable noises, or through the use of its obligations machinery, apparatus or appliance that could in any manner injure, vibrate or shake the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages Center; or judgments, and all reasonable expenses incurred in investigating (e) it is forbidden to conduct auctions or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising going out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsbusiness sales.
Appears in 1 contract
Use. The Premises shall be used solely and occupied only for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasegeneral office, administration, research and development and other legal uses not expressly prohibited herein, and for no other use or purpose. Landlord shall deliver the Building to Tenant on the Premises Delivery Date in compliance comphance with all lawsLaws, 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, limitation the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” Act 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 all Environmental Requirements (as defined in Section 9Paragraph 5.2(a)(2), below), and Landlord hereby represents and warrants that, as of the Lease Date, Landlord has not received any written notice of noncompliance with respect to the Property. At its sole expense. Landlord shall correct any noncompliance noted by Tenant in writing during the period of one (1) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit year after the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase Delivery Date (the insurance risk, or cause "Warranty Period"). After the disallowance of any sprinkler or other credits. Tenant shall not permit any part expiration 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. Subject to Landlord’s performance of its obligations in the Work LetterWarranty Period, Tenant, at its sole expense, shall make any alterations or modifications comply with all present and future Laws relating to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (includingcondition, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of Premises (and shall discharge its obligations under Paragraph 7.1 in compliance with all Laws and shall make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Rules and Regulations" (as defined in Paragraph 28). The term "Laws," as used in this Lease, means all statutes, ordinances, codes, rules, regulations, requirements, licenses, permits, certificates, judgments, decrees, orders or directives of any federal, state, county or local governmental or quasi-governmental authority, agency, department, board panel or court now in force or which may hereafter be in force, as same may be amended. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb any occupant of property adjacent to the Property. Without limiting the foregoing, the Premises shall not be used for educational activities (other than Tenant's internal training sessions), practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for a personnel agency, studios for radio, television or other media, travel agency or reservation center operations or uses for any church or manufacturing use. Tenant shall not, without the prior consent of Landlord, (i) bring onto the Property anything that may cause substantial noise, odor or vibration, overload the floors in the Work LetterBuilding or any of the Building Systems, or jeopardize the structural integrity of the Building or any part thereof; or (ii) connect to any electrical circuit in the Building any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. The term "Building Systems," as used in this Lease, means the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing and sewer, electrical, fire protection, life safety, security and other systems in the Building and all components thereof. Notwithstanding anything to the contraiy in this Lease, Tenant shall not be responsible for required to comply with or cause the Premises to comply with any and all demands, claims, liabilities, losses, costs, expenses, actions, causes Laws or insurance requirements requiring the construction 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 alterations unless such compliance is necessitated solely due to Tenant’s 's particular use or occupancy of the Premises, and Premises or any alterations performed by Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.after completion of the Tenant Improvements. 11 WEST\225501828.8
Appears in 1 contract
Samples: Sublease (eHealth, Inc.)
Use. The Premises demised premises shall be continuously used solely by Tenant, but only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the basic lease provisions areas not specifically designated on page 1 Exhibit B (unless such other areas are designated by Landlord to be common parking areas) and the outside storage of this Leaseany property (including, without limitation, overnight parking of trucks and in compliance other vehicles) are prohibited without Landlord's prior written consent. 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 Premisesuse of the premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the premises must be altered to the lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the premises to comply, with such laws, ordinances and regulations. 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 such tenant's use of their respective premises or permit any use which would adversely affect the reputation of the building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose (including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”storage of merchandise) (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 would render the insurance thereon void or water beyond increase the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premisesinsurance rate thereof, and Tenant shall indemnifyimmediately cease and desist from such use, defend, hold paying all cost and save Landlord harmless expense resulting from and against any and all such Claimsimproper use.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) thereof (collectively, “Legal Requirements” and each, a “Legal Requirement”"LEGAL REQUIREMENTS"). Tenant shall, upon 5 days’ ' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, 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 's failure to comply with the provisions of this Section or otherwise 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 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 1,000 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. 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 's Share as usually furnished for the Permitted Use. Subject to Landlord’s performance Landlord shall be responsible for the compliance of its obligations in the Work LetterCommon Areas of the Project with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ ' fees, charges and disbursements and costs of suit) (collectively, “Claims”"CLAIMS") arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (including, without limitation, compliance of the Premises with ADA).
Appears in 1 contract
Samples: Lease Agreement (Acusphere Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementpremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s Landlords's insurance, increase the insurance risk, or cause the disallowance of 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.
Appears in 1 contract
Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, and, subject to local law, for administrative offices, and for such other lawful purposes as may be incidental thereto, and for product and process demonstration, light applications development, and moderate manufacturing uses which will be permitted to Tenant upon Tenant's receipt from the City of Fremont of a Class H-6 Hazardous Materials permit, in each case, in connection with its business of manufacturing and selling semiconductor processing equipment and other technology product, and for such other uses as shall be both permitted by law and agreed to in writing by Landlord. 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 thereon. 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, directive permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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, “all as may be amended from time to time. Landlord shall construct the Initial Improvements and deliver the Premises to Tenant in compliance with all Legal Requirements” ; provided, however, that Landlord shall have no such obligation with respect to Tenant's "clean-room," the construction of which shall be Tenant's responsibility; and eachprovided further, a “that, subject to the immediately following sentence, should any portion of the Premises or the Initial Improvements constructed by Landlord fail to comply with all Legal Requirement”). Requirements, Tenant's sole remedy shall be to have Landlord correct such non-complying portions at Landlord's sole cost and expense, Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Landlord acknowledges that Tenant intends to construct a "clean-room" on the Premises, defendand agrees to be reasonable in exercising its approval authority, hold subject to the requirements of this Lease Agreement, including without limitation in Paragraphs 12 and save 21; Landlord harmless from and against any and all such Claimsneed not be reasonable, however, regarding whether Tenant shall be obligated to remove the "clean-room" improvements at the end of the Lease Term.
Appears in 1 contract
Samples: Lease Agreement (CVC Inc)
Use. The Premises shall be occupied and used solely by Tenant for the Permitted Use set forth in the basic lease provisions on page 1 operation of this Leasea retail automotive dealership, and in compliance with any and all lawsrelated, ordersancillary, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereofcomplementary purposes, including, without limitation, the Americans With Disabilities Actdisplay, 42 U.S.C. § 12101sale, et seq. storage, and service of new and used automotive vehicles, and any other lawful uses (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal RequirementPermitted Use”). In no event 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 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 the Premises in a manner which constitutes a Prohibited Use (as defined below) or which violates any Law; makes void or voidable or causes any insurer to use cancel any insurance required by this Lease, or makes it difficult or impossible to obtain any such insurance at commercially reasonable rates; constitutes a nuisance or physical waste; or violates, or not be permitted pursuant to, any document or instrument that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants was, as of the Projectday prior to the Effective Date, including conducting or giving notice filed in the Real Property Records of any auction, liquidation, or going out of business sale on the County and actually affects title to the Premises, as listed on the attached Exhibit B (the “Existing Encumbrances”). Without Tenant’s prior written consent, which consent shall be in Tenant’s sole and absolute discretion, Landlord will not enter into or using or allowing the Premises to be used for amend 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 Areasreciprocal easement agreements, development agreements, operating agreements, maintenance agreements 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements instruments (including, without limitation, compliance of any Existing Encumbrances) affecting the use, occupancy, benefits or burdens pertaining to the Premises with or any portion thereof if the ADAeffect thereof could reasonably be expected to (i) related to materially and adversely impact Tenant’s use of or occupancy of access to the Premises. Subject to LandlordPremises or Tenant’s performance of its obligations in the Work Letterrights under this Lease, Tenant shall be responsible for any and all demands, claims, liabilities, losses, or (ii) materially increase Tenant’s costs, expenses, actionsor other obligations or result in the imposition of any material cost, causes expense, or obligation of actionTenant. Landlord makes no representation or warranty that the Premises is adequate for use for the Permitted Use or that the Premises may be lawfully used for the Permitted Use. Landlord acknowledges and agrees that, damages so long as Tenant continues to pay Rent and otherwise comply with its obligations under this Lease, (A) Tenant shall not be required to operate its business upon the Premises (continuously or judgmentsotherwise), and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suitB) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use abandonment or occupancy vacation of the PremisesPremises shall not, and Tenant shall indemnifyby itself, defend, hold and save Landlord harmless from and against any and all such Claimsbe deemed a breach or Event of Default under this Lease.
Appears in 1 contract
Samples: Lease With Purchase Option (Asbury Automotive Group Inc)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, the "Legal Requirements"). The Premises shall not be used as a place of public accommodation under die 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's 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 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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific mariner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, defend, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Celerity Group Inc)
Use. The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, packaging, 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, without Landlord's prior written consent which shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant's material handling system shall not be considered "objectionable" by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant's business operations on and from the Premises overnight at the truck docks of the Premises and Tenant's customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer's vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project, and provided, further, that subject to applicable Legal Requirements, Tenant may store pallets, corrugated packaging supplies and other similar shipping and storage supplies outside of the Premises in a fenced location as mutually agreed to by Landlord and Tenant, so long as such storage is conducted in a neat and orderly fashion. Except as otherwise set forth in the basic lease provisions on page 1 of this Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “"Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises, the Building, or the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease. Notwithstanding anything contained herein to the contrary, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by Legal Requirements (includingapplicable laws or regulations that become effective after the Commencement Date shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, without limitationexcept for those additions or modifications which are Landlord's sole responsibility pursuant to the provisions of this Lease, compliance or that are required as a result of the Tenant's use of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any chargeable to Tenant at its sole cost and all demands, claims, liabilities, losses, costs, expenses, actions, causes expense pursuant to the provisions of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Skechers Usa Inc)
Use. The Sublease Premises shall be used and occupied by Sublessee --- solely in a manner and for the Permitted Use set forth in uses permitted under the basic lease provisions on page 1 of this LeaseMaster Lease and for no other purpose. Sublessee, at its sole cost and in compliance expense, shall promptly comply with all federal, state and local laws, statutes, ordinances, codes, regulations, rules, orders, judgmentsactions, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions policies or decrees now or hereafter applicable to the Premises, and to the use and occupancy thereofhereinafter in effect ("Laws"), including, without limitation, the Americans With Disabilities ADA, Title 24 and similar Laws pertaining to the accessibility of business establishments to persons with disabilities. Sublessee shall not do or permit to be done in or about the Sublease Premises or Building, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Sublease Premises or any of its contents, or cause cancellation of any insurance policy covering the Building or the Sublease Premises or any part thereof. Sublessee shall not use, store, or dispose of any Hazardous Materials (defined below) on any portion of the Sublease Premises in violation of the Environmental Laws (defined below). As used in this Section, Hazardous Materials shall mean any substance or material which is regulated as a hazardous, toxic or dangerous waste, substance or material or is defined as a "hazardous waste" or "hazardous substance" in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 12101the Superfund Amendments and Reauthorization Act of 1986, et seqthe Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act or any so-called "Superfund" or "Superlien" law or any other Environmental Law, as now or hereinafter in effect. (together with the regulations promulgated pursuant thereto"Environmental Law" shall mean any federal, “ADA”) (collectivelystate or local Laws pertaining to or imposing liability or standards of conduct concerning any environmental matters, “Legal Requirements” and eachincluding, a “Legal Requirement”)but not limited to, matters relating to air pollution, water pollution, noise control or Hazardous Materials. 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 Sublessee shall not use or permit the use of the Sublease Premises to be used for any purpose or in any manner that would void Tenant’s will tend to create waste or Landlord’s insurance, increase the insurance risk, a nuisance or cause the disallowance of any sprinkler or which will tend to disturb other credits. Tenant shall not permit any part tenants 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsBuilding.
Appears in 1 contract
Samples: Sublease Agreement (E Stamp Corp)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 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 or because Tenant vacates the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord (except upon expiration or other tenants or occupants termination of the Project, including conducting or giving notice Lease and Tenant’s surrender 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 ventilationaccordance with the terms of this Lease), air exchange, heating, gas, steam, electricity or water beyond then Tenant shall pay the existing capacity amount of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject such increase to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior . Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsunder this Lease.
Appears in 1 contract
Samples: Lease Agreement (Sphere 3D Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 (and reasonable supporting documentation) for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by TenantTxxxxx’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants of the ProjectLandlord, 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 which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements and/or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as may be otherwise expressly 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. Subject to Landlord’s performance of its obligations in the Work Letterthis paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises, the Tenant Improvements and/or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 Txxxxx’s failure to comply with Legal DocuSign Envelope ID: 3D9421BF-E23B-4F57-8C3D-FC854D1C296D Net Laboratory Lease 20 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 9 Requirements related to Tenant’s specific use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations. So long as such Claimsdoes not materially impact the cost or design of the Tenant Improvements, Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Samples: Lease Agreement (GreenLight Biosciences Holdings, PBC)
Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to contractor 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 provisions on page 1 floor or structure of this Leasethe 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. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used 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”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s '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 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 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 cost of any auction, liquidation, or going out of business sale insurance 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the commencement Date shall be subject to all obligations of Tenant under Tenant's prior lease, dated June 11, 1992. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building (but not the Premises' interior) into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by Legal Requirements (including, without limitation, compliance applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises with the ADA) related shall be chargeable to Tenant’s use or occupancy , except for structural modifications under Paragraph 10 of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would 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 within 10 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s specific use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of LandlordLandlord (which shall not be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 9 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. Subject Landlord shall, as an Operating Expense (to Landlord’s performance of its obligations the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, 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 PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Use. The Lessee shall use and occupy the Demised Premises for no purpose except (a) purposes related to those for which the Demised Premises is being used as of the Effective Date and/or (b) other lawful purposes consistent with the industrial nature of the Demised Premises. Lessee shall be used solely not use or occupy the Demised Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseDemised Premises. Lessee shall, and in compliance at Lessee's expense, comply with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants present and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, future laws (including, without limitation, the Americans With with Disabilities Act), 42 U.S.C. § 12101ordinances (including without limitation, et seq. (together with the regulations zoning ordinances and land use requirements), regulations, orders, recommendations, decisions, and decrees now or hereafter 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance those made by any public or private agency), as any of the Premises with same may be amended from time to time (collectively, "Laws", and individually, ''Law") applicable to Lessee, the ADA) related to Tenant’s use or use, occupancy and condition of the Premises. Subject to Landlord’s performance of its obligations in Demised Premises and the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsbusiness being conducted thereon, and all reasonable expenses incurred machinery, equipment, furnishings, fixtures and improvements on or used in investigating connection with the Demised Premises. If any Law requires any occupancy or resisting use permit or license for the Demised Premises or the operation of the business conducted therein, then Lessee shall obtain and keep current all such permits or licenses at Lessee's expense. Lessee shall deliver to Lessor, promptly upon request, copies of all such licenses and permits. If any Law requires any modification to the Demised Premises, Lessee shall perform such alterations, at its sole cost and expense, in accordance with the applicable terms and conditions of Section 3.2 below. Use of the Demised Premises is subject to all covenants, conditions, easements and restrictions of record, and Lessee shall comply with the same (includingbut not with any of Lessor's obligations for and relating to borrowed money except as provided in this Lease or agreed by Lessee with Lessor’s lender). Lessee shall conduct its business in the Demised Premises in a reputable manner. Lessee shall have the right to erect and maintain directional or Lessee identification signs (but no third party signage such as, without by way of example and not limitation, reasonable attorneys’ feesadvertisements, charges political advocacy, or position statements) in or on the Demised Premises at such place or places as Lessee may choose, subject to all applicable Laws and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsordinances.
Appears in 1 contract
Samples: Lease (LIVE VENTURES Inc)
Use. The Premises Tenant shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, occupy the Premises for general office purposes only and for no other use or purpose 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’ prior written notice from consent of Landlord, discontinue any which consent Landlord may withhold in it sole and absolute discretion. Landlord agrees that Tenant may ship, receive and store software and related items as an incident to its 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 Requirementfor general office purposes upon compliance with applicable zoning and other governmental requirements. Tenant will acknowledges that pursuant to that certain Lease by and between Landlord and Entertainment Industry Development Corporation ("EIDC") dated April 26, 1996, Landlord has granted EIDC the exclusive right within the Building to procuring for others, permits necessary for motion picture and television filming within Los Angeles, Orange, Ventura, San Bernardino and Riverside Counties. Tenant shall not use or occupy the Premises in violation or in conflict with any "Governmental Requirement" (defined below) but shall, at Tenant's expense, promptly comply with all present and future laws, ordinances, statutes, including without limitation the Americans with Disabilities Act, orders, rules, restrictions, regulations and requirements of all governmental authorities having jurisdiction over the Premises whether or not the same is substantial, foreseen or unforeseen, ordinary or extraordinary, or whether the same shall necessitate Tenant making structural changes or improvements to the Premises or interfere with the use and enjoyment of the Premises (herein collectively, "Governmental Requirements"). Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or of property adjacent to the Project, or injure or annoy them, or use or allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises or the Projet. Without limiting the generality of the foregoing, Tenant shall not (i) obstruct or store anything in the common areas (including service or exit corridors), (ii) place a load upon any manner that would void Tenant’s or Landlord’s insurance, increase floor of the insurance riskPremises which exceeds the floor load per square foot which such floor was designed to carry, or (iii) permit any objectionable sound or odors to carry outside the Premises. In particular, Tenant agrees that business machines and mechanical equipment used by Tenant which cause vibration or noise that may be transmitted to any other portion of the disallowance Building, to such a degree as to be reasonably objectionable to Landlord or to any occupant, shall be placed and maintained by Tenant at its expense in setting of any sprinkler cork, rubber or other creditsspring-type vibration isolators sufficient to eliminate such vibrations or noise. 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 Premises, the Project and/or property located therein and shall comply with all applicable insurance underwriters rules, orders regulations and requirements of the Premises to be used as Pacific Fire Rating Bureau or other applicable organization performing a “place of public accommodation”, as defined in the ADA or any similar legal requirementfunction. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy policy(ies) by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Section, but such reimbursement shall not be construed as curing Tenant’s 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 's default for failing to use that would damage the Premises or obstruct or interfere comply with the rights provisions 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 purposethis Section. 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 Landlordunder any circumstances, use the Premises in allow alcoholic beverages to be served or consumed within 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy portion of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Samples: DVD Express Inc
Use. The Premises shall be used solely only for research, development, general office, and legally related uses necessary or incidental thereto. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Permitted Use set forth Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Tenant shall be permitted to have outside storage in the basic lease provisions on page 1 of this Leaseparking areas so long as Tenant complies with all Legal Requirements, any such storage areas do not eliminate parking required by code and are screened in a manner reasonable acceptable to Landlord so that the contents therein are not visible from the street. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) Premises (collectively, the “Legal Requirements” ”). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. In the event that Landlord receives written notice from a governmental authority that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date of this Lease and eachsuch non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, a “Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirement”Requirements as of the date of this Lease without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense (subject to amortization pursuant to Paragraph 6 below). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s specific use or occupation of the Premises which is declared by (but not research, development or office use in general) and in connection with any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant-Made Alterations or Tenant requests for governmental permits or approvals. 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 credits or other credits. Tenant shall not permit any part the disallowance of the Premises to be used as a “place of public accommodation”, as defined existing roof warranty. If any increase in the ADA or cost of 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 on the provisions of this Section or otherwise Premises is caused by Tenant’s specific 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior occupation of the Premises (but not warehouse, research, development or office use in general), or because Tenant vacates the Project that are required by Legal Requirements (including, without limitation, compliance Premises prior to the end of the Premises with Term, then Tenant shall pay the ADA) related to Tenant’s use or occupancy amount of the Premises. Subject such increase to Landlord’s performance of its obligations in the Work Letter, 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 use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises and the Project, and to the Tenant’s use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, 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 particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, 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. Subject Landlord shall be responsible for the compliance of the Building shell and the Common Areas of the Project with Legal Requirements as of the Rent Commencement Date. Landlord shall, as an Operating Expense (to Landlord’s performance of its obligations the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with Tenant’s breach of said obligation. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, Net Multi-Tenant Laboratory 000 Xxxx Xxxxxx/Alpine Immune Sciences - Page 9 and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.
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